Transgender rights are under attack
MELODY STAINBROOK: On January 20, 2021, newly-elected President Joe Biden issued an executive order to prevent discrimination based on gender identity and sexual orientation. The directive aims to deter transgender discrimination in the workplace and at school. While the executive order was applauded by LGBTQ+ advocates, who saw the order as a considerable advancement in LGBTQ+ rights, this new legislation has been met with backlash and recent attacks on these LGBTQ+ rights. Many posts circulated on Facebook claiming that Biden’s order went too far and transphobic rhetoric is increasing. The order has also been met with opposing state legislation. Arkansas banned medical care for transgender minors through House Bill 1570, becoming the first state in the United States to do so. Now, fifteen other states are considering similar bills.
The primarily Republican Arkansas state legislature overrode Arkansas Gov. Asa Hutchinson’s veto of House Bill 1570 on April 6, 2021. This new law prevents transgender youth from receiving medical care to further their transition. The law bans the use of hormone blockers and gender-confirmation surgeries for transgender minors and prevents doctors from referring transgender patients under eighteen to other providers to help them through their transition.
The Arkansas state law has been widely criticized as a blatant attack on transgender rights. Transgender youth believe that the law prevents them from necessary, life-saving medical care. The Bill also implies that transgender youth will “grow out of it” and that “it’s just a phrase,” but many transgender teens have voiced their opposition to these beliefs, saying it’s incredibly damaging and harmful to transgender youth. The Arkansas law has also been criticized for its narrow definition of sex. A person’s sex is identified as “genetically encoded into a person at the moment of conception, and it cannot be changed.” Many LGBTQ+ advocates have denounced this definition as exclusive, harmful, and outdated.
The state laws’ claims do not align with the reality of gender identification and the transgender experience. All children begin to develop a sense of gender identity from age 18 to 24 months. Most research shows that transgender children are no different. Most transgender youths are confident in their gender identity from a young age. It is not simply a phase; it is not something they will just grow out of. Denying transgender youth control their bodies and their preferred gender is highly damaging to an already at-risk group. Transgender medical procedures are not child abuse. Research shows that earlier transitions leads to less bullying, anxiety, and stress among transgender youth.
The newly passed Alabama law is only the most recent legislation aimed at limiting the rights of those in the LGBTQ+ community. Fifteen other states have proposed bills similar to the Arkansas law: Alabama, Florida, Georgia, Kansas, Kentucky, Louisiana, Missouri, Montana, New Hampshire, Oklahoma, South Carolina, Tennessee, Texas, and Utah. Notably, if passed, the Texas bill classifies transgender medical procedures as child abuse.
Beyond legislation, transphobic movements have been on the rise in the past few months. Last week, I witnessed this disturbing trend firsthand. A group of students in my hometown of DuBois, Pennsylvania, lined up on a busy street holding cardboard signs branded with homophobic and transphobic language. According to a 2019 FBI report, hate crimes against LGBTQ+ people have been on the rise. Recent reports have also shown increased discrimination towards transgender individuals by medical professionals.
Take Action
The Arkansas law and other bills aimed at limiting the rights of transgender youth are extremely harmful to the LGBTQ+ community. Transgender youth are already more likely to struggle with depression, bullying, and anxiety. Legislation that restricts their rights to a safe gender transition only worsens these struggles.
These bills only serve to alienate and invalidate transgender youth. They are a step backward for LGBTQ+ rights and are a blatant response to President Bidens’ executive orders, which granted further protection to the LGBTQ+ community. To protect the and lives of transgender youth, the legislation can not be enacted.
To voice opposition to this legislation, you can contact the states' governors who have proposed anti-transgender legislation. You can also sign a petition against the Arkansas law. If you or a loved one is a member of the transgender community and needs support, please visit the National Center for Transgender Equality website which lists support resources.
The recent attacks against transgender rights are disturbing. To see students from my old school use such harmful and bigoted language is deeply saddening. The increased discrimination against members of the LGBTQ+ community is not only disappointing but dangerous for LGBTQ+ people. The Arkansas law and similar legislation capitalize off of this transphobia and further endanger transgender people.
Melody is a freshman in Georgetown College, studying government and environmental studies. Melody joined On the Record as a columnist and is also a member of the GU Democrats and GU Moot Court.