(C) Daily Kos This story was originally published by Daily Kos and is unaltered. . . . . . . . . . . Trans Emergent, Trans Erased: The Right's Plan for Our Future in America [1] ['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.', 'Backgroundurl Avatar_Large', 'Nickname', 'Joined', 'Created_At', 'Story Count', 'N_Stories', 'Comment Count', 'N_Comments', 'Popular Tags'] Date: 2023-02-10 In 2022, Alabama classified providing gender-affirming medical care to minors as a felony punishable by up to 10 years in prison1,2. A similar law in Arkansas – the first state in the nation to make gender transition illegal – was undergoing trial3-5. Florida passed the now-infamous “Don’t Say Gay” bill6,7, while Texas AG Ken Paxton instructed the Department of Family and Protective Services to investigate families of trans children as child abusers8-10. Paxton would later request data about driver’s license gender marker changes in the state, sparking fears of a “trans registry”11,12. Virginia and Alabama enacted new rules prohibiting trans students from using bathrooms that match their gender13,14. Tennessee went further, introducing a bill that could be used to outlaw being trans in public15,16. All told, over 180 anti-trans bills were proposed in 36 states17,18. Twenty-four of them passed. In 2015, none of the 21 proposed bills targeting trans people became law19. What is happening in America? A Brighter Tomorrow Despite being just eight years ago, 2015 feels like part of a different era of American Politics. Barack Obama was President, the Tea Party was in its death throes, and the modern far-right was but a glimmer in Donald Trump’s eye. The forces that would bring about its rise were hard at work, as they had been for decades20-22; but at that moment, the threat seemed insubstantial and distant against the bulwark of institutional liberalism. And on June 26, 2015, marriage equality became the law of the land23. “This ruling is a victory for America. This decision affirms what millions of Americans already believe in their hearts. When all Americans are treated as equal, we are all more free.” – President Barack Obama, 201524. For many, it was a time to celebrate, a time for optimism. With this crowning achievement of the LGBTQ rights movement, activists had in the space of 10 years induced a profound cultural shift: a 23% increase (from 37% in 2005 to 60% in 2015) in the percentage of the public supporting the right to marry25. Bolstered by this historic milestone, progressives began to look toward what was shaping up to be the next big thing LGBTQ advocacy: trans rights. “The Transgender Tipping Point: America’s Next Civil Rights Frontier,” announced a TIME Magazine cover from the previous summer26. Inside, the author described a community ready to step into the limelight. With the “radical increase in trans consciousness” at the time, trans people – who have existed for as long as humanity itself27 – were experiencing unprecedented levels of acceptance and visibility. This trend only accelerated throughout the mid-2010s. In early 2015, Obama became the first President to say the word “transgender” in a State of the Union Address28. The May issue of Vogue featured trans model Andreja Pejic29, and multiple TV shows depicting trans people were in the spotlight30. Then, in July, Caitlyn Jenner’s coming out on the cover of Vanity Fair30,31 took the nation by storm. Seemingly overnight, trans people were a viral sensation. “We are at a social inflection point on transgender issues,” said activist Riki Wilchins as reported by CNN30. “Civil rights for minorities come in fits and starts. We’re on an upswing now.” Unfortunately, progressives weren’t the only ones who saw an opportunity. God’s Work “This is against nature. It is one thing when someone has this tendency…and it is another matter to teach this in school. To change the mentality – I call this ideological colonization.” – Pope Francis, 201632 “I believe that gender ideology is one of the greatest evils in human history.” – Matt Walsh, conservative political commentator, 202233 Even as many celebrated Obergefell and the rapid culture change that made it possible, religious and conservative institutions decried what they saw as a moral and political disaster. Some argued that using the Supreme Court to federally enforce marriage equality was an overreach on what should be a state’s rights issue – a perspective echoed in the opinion of Chief Justice John Roberts, who wrote that “stealing this issue from the people” would “cast a cloud over same-sex marriage”34. Others cited violation of religious liberty or rejected the ruling on principle35,36. “It is profoundly immoral and unjust for the government to declare that two people of the same sex can constitute a marriage,” intoned Archbishop Joseph E. Kurtz, then President of the U.S. Conference of Catholic Bishops36. “Just as Roe v. Wade did not settle the question of abortion over 40 years ago, Obergefell v. Hodges does not settle the question of marriage today.” On the one hand: a budding majority that supported gay marriage. On the other hand: the 40% of the country that still opposed it; a mainstream religion that preached sin and damnation for LGBTQ people; and the nascent far-right political movement that would fuel the candidacy of Donald Trump. It was into this profoundly divided and rapidly changing national landscape that the trans community emerged. The backlash was immediate. In 2015, lawmakers introduced 125 anti-LGBT bills, 21 of which aimed to specifically curtail trans rights19. By 2016, that figure had climbed to at least 175 anti-LGBT bills, 44 of which targeted trans people. This first wave of legislation heavily featured so-called “bathroom bills” – bills seeking to prohibit trans people from using bathroom facilities matching their gender. Proponents invoked the image of a deranged “male predator” who would use the trans label to invade women’s spaces – never mind that there was no data to back up such claims37, or that publicly identifying as trans would be one of the least convenient ways for a predator to get what they want. In fact, bathroom bills would accomplish precisely what they purported to prevent: forcing men – trans men – into women’s spaces. North Carolina became the center of this debate when in 2016 it passed the controversial HB 2, blocking cities from allowing trans people to use the bathroom of their gender38-40. The effort caused a national uproar. Companies pulled out of in-state projects, the NBA all-star game was moved from Charlotte to New Orleans, and states issued travel bans on the grounds of discrimination41-45. All told, the bill was predicted to cost the state $3.7 billion in lost business over a dozen years46. It festered in court before dying for good in 201947. With bathroom bills a temporary no-go, anti-trans activists needed a new strategy. “The messaging wasn’t there,” said ACLU communications strategist Gillian Branstetter as reported by Them18. “The audience wasn’t there. Who does this appeal to as an issue? Who does this frighten? Who does this drive to the polls?” A few years later, conservative politicians and influencers found the solution: to incite a moral panic by labeling us as child predators. It was a tactic straight from the playbook of the late 20th century anti-gay movement48,49. As right-wing media increasingly adopted this framing, the rhetoric around trans people transformed completely. Now, rather than simply being creepy pretenders, we are “communist groomers”50 advocating for the “genital mutilation” of children51. Anti-trans bills are “anti-grooming bills”52,53; gender-affirming care is “irreversible damage”54,55; and transness itself is a “social contagion” that spreads through populations like wildfire56-58. Underpinning this language is the belief that we are indoctrinating the youth into “gender ideology” – a doublespeak term for trans-accepting worldviews that has roots in Christian anti-equality campaigns abroad59,60. As ridiculous as it might sound, this strategy has been incredibly effective. After proof-of-concept in South Dakota and Idaho18,61,62, the onslaught of anti-trans legislation began again in earnest in 2021 and has only gotten worse. The bans were initially directed at sports and bathroom access for schoolchildren, but quickly shifted to include all gender-affirming care for minors1,5,63. More recently, medical transition for adults64-68 and drag performance69-73 (subtext: trans people in public) have been implicated as well. This illustrates the pattern of escalation that has defined the modern anti-trans movement: with each passing year, the bills seem to become slightly broader, slightly bolder, testing the boundaries of what was previously deemed acceptable. The pretext of protecting kids from making life-changing decisions is already being called into question as bills targeting trans adults proliferate74. Meanwhile, amidst the incessant conspiracy messaging, Americans’ support for trans rights has stagnated or even declined (in some contexts) since 201675-78. Fueling all this is the rise of far-right influencers like Tucker Carlson, Matt Walsh, and Libs of Tiktok creator Chaya Raichik, who command the attention of tens of millions and have built careers fear-mongering about the trans menace79-85. In addition to stoking rising anti-LGBTQ violence86-88, their rhetoric has been responsible for targeted attacks on LGBTQ people and supportive institutions. For instance, in August 2022, Libs of Tiktok tweeted that Boston Children’s Hospital was “offering gender-affirming hysterectomies for young girls”89 – a claim that was not only false90,91, but also completely absurd. Doctors do not perform gender-affirming surgeries on young children92. Nevertheless, Matt Walsh amplified this message, crowing, “This is why we’re building a nationwide organized movement to oppose this madness.”93 The comments frothed over with rage at the prospect of evil doctors transing the babies. What followed was a sustained campaign of harassment against Boston Children’s Hospital and its staff that led to three bomb threats94-97. Just months later, similar anti-trans rhetoric set the stage for the Club Q shooting98. Now, in 2023, Republicans are finally admitting – explicitly and through redoubled legislative efforts – what the trans community has known all along: that they want to end all gender-affirming care99,100 and remove any legal recognition of transgender identity101-107. How to Erase a Population “We need to quit being satisfied with owning the libs, and save our country. We need to unapologetically embrace the use of state power.” – Rod Dreher, senior editor at The American Conservative, 2021108 Through all the leaps and bounds in visibility, the fundamental disagreement about trans people remains whether our identities are true. More than half of Americans still think that it is morally wrong to change one’s gender76, and fully 60% believe that a person’s gender is determined exclusively by their assigned sex at birth77. This latter statistic includes 86% of Republicans, and represents a 6% overall increase since 2017. Whether the justification is religious (“that’s not what God intended”) or secular (“it’s against nature”), many people have rejected the central premise that one’s gender can differ from one’s sex. And once one rejects this, it is easy to be swayed by ideologues preaching a simple message: that trans people are delusional and dangerous, and need to stop being trans. To make this a reality, conservative legislators across the country have launched an all-out attack on trans rights109. Generally, the bills they write fall into one of four broad categories: 1. Education bans: these bills6,7,110-124 enforce a hostile school environment for LGBTQ minors by outlawing education about the existence of LGBTQ people6,7,110-116, prohibiting teachers from using students’ correct pronouns117, compelling teachers to out students to their parents118-121, and granting parents broad powers to sue schools and teachers that expose their children to LGBTQ or other objectionable content122-124. Some apply only to early grades, while others apply to all K-12 students116-124. 2. Healthcare bans: these bills1-5,63-68, thus far a favorite, remove trans people’s access to the medical care they need for gender transition. Some outright forbid such care, while others impose de-facto bans by removing federal funding and insurance coverage. The first wave of such bills only affected minors. However, as of 2023, the focus has expanded to include gender-affirming care for adults64-68. 3. Public access bans: these bills13,14,38-40,69-72 prohibit trans people from accessing public spaces. A classic instance is the bathroom bill, which blocks trans people from using the bathroom of their gender. More recently, Republicans have begun promoting “anti-drag” bills, many of which could be interpreted as prohibiting anyone from presenting as anything other than their assigned sex at birth in public69-73. 4. Legal recognition bans: These bills101-107,125,126 specify the definition of gender as identical to assigned sex at birth. In so doing, they would strip transgender people of any legal claim to their gender and any rights and protections thereof. Individually, these bills are plainly oppressive. But together, they account for nearly every gendered aspect of public and private existence. As such, they form a roadmap for the elimination of trans people from society. Imagine a future in which these four components have been combined. Education bans rob trans people and their loved ones of knowledge and support, delaying or denying their acceptance of their own gender. If they do come out, healthcare bans prevent them from accessing HRT and surgeries, decreasing their quality of life and making it harder to “pass” as their gender in public. This facilitates the enforcement of public access bans; if trans people are easier to identify, then they’re easier to arrest for “being in drag”. And without legal recognition, there is no possible recourse, nor even any means of legal gender change in the first place. Rather than be criminalized, some trans people flee to safer areas, while others retreat into the closet, living in resentment and confusion. Still others die, whether by suicide127-129 or stochastic terrorism130. To prohibit someone from being in society, to strip away their identity – this is an act of social murder. There is no blood, but the loss is no less tragic. You have destroyed someone’s life. You have erased someone’s self as if it never existed in the first place. Currently, coverage of such legislation is incomplete even within the conservative states that approve of it. Not only have most of the initial attempts focused on trans children, but states have also not had enough time to implement bills across all four categories simultaneously. Yet this is the clear endpoint of a legal campaign which began with sports bans for trans children and has quickly progressed to sweeping restrictions on public presentation and gender-affirming care for everyone. Already, LGBTQ families across the country are fleeing as the government turns against them131-133. At the federal level, several anti-trans bills have been brought before Congress in anticipation of Republican control134-136. One of these, put forth by Marjorie Taylor Greene, would make it a felony to provide gender-affirming care to trans youth and prohibit ACA coverage of gender-affirming care in general135. Others ban federal funding of trans-supportive educational institutions and medical providers. A Republican win in 2024 would mean bills like these – and worse – would likely become federal law. Under the ministrations of a party that believes we should not exist, it would be no surprise to see attempted rollbacks of all the rights we have gained over the last 50 years; that is, the very measures which allow us to exist in society in the first place. We’re not the only ones at risk, either. These intensifying attacks on trans freedoms belong to a larger movement to convince the public that “wokeness” and liberalism are causing the downfall of western civilization137. Although the language has changed, this anti-woke furor is just the latest incarnation of a socially conservative, religious worldview that sees “traditional” gender and race relations – that is, patriarchy and white supremacy – as the ideal. To its adherents, we are all suffering from a deadly cultural disease – one brought on by the transes, and the gays, and the feminazis, and the contemptible purveyors of CRT138-140. The cure: state enforcement of conservative Christian values108,141. A return to the old ways, and a purging of the accumulated filth of decades of sodomy and anti-whiteness. For a taste of this future, look to Florida, where vaguely defined “anti-woke” laws have made it so that teachers could be imprisoned on felony charges for having books about black or queer history, diversity, or anything else that could offend the white evangelical sensibility6,7,142-146. These and similar laws147,148 are especially insidious because they rely on what is, in essence, doublethink. Teaching about racism is racist. Teaching about sexism is sexist. Teaching about LGBTQ people is pornographic, prurient. As a result, classrooms are being stripped of books pending government review142,143,145. The state is working to create an approved book list, prescribing what is acceptable and unacceptable knowledge. The governor who did this could be our next President149,150. It will not end with us, because it was never just about us. If we fall, then there will be another scapegoat, and after that, another. And once the GOP has attained its utopian, god-fearing society – a world of dominant men and demure women, all straight, all afraid and righteous – then still another enemy shall be manufactured, and another, and another, and another. For there is no final goal to hate beyond the mere substance of it: a feeling that grows and consumes until all is left in ruin. There might be stability, for a time; but it would be false and poisonous. Uniformity is bought with many lives. On the Knife’s Edge There are, thankfully, reasons for hope in the face of this horror. Many of the worst bills have been defeated or later blocked in court151,152; and while conservatives clamor for theocracy, progressive states have been passing nondiscrimination laws and adopting inclusive practices153-159. These victories have been punctuated by important wins at the federal level. In 2020, the Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protects gay and trans employees from workplace discrimination160,161. Two years later, Congress passed the Respect for Marriage Act, enshrining protections for same-sex and interracial marriage in law162. Thanks to the work of activists and allies, truly remarkable progress has been made. We are still near the peak of acceptance for the trans community, and entrenched liberal support promises to complicate attempts at extending oppressive legislation to blue states. But every measure of acceptance is matched by outrage. In the first month of 2023 alone, 23 states introduced bills banning trans healthcare163; Utah’s and South Dakota’s have already passed164,165. At least 5 of these bills would take trans kids away from their parents166-171. With its SB 250 and SB 129, Oklahoma went a step further, proposing what amounts to a de-facto ban on all gender-affirming care64,65,107,172. Arizona introduced a sweeping anti-drag bill173,174 – one of 27 such bills moving in 14 states175. Montana’s HB 303 would give medical practitioners blanket immunity to deny care based on personal beliefs176. Meanwhile, West Virginia could arrest trans people who venture within 2,500 feet of a school177,178. In a massive escalation of already-frightening rhetoric, former President Donald Trump just vowed to ban gender-affirming care “at any age” and revoke legal recognition of transgender identity nationwide if elected in 2024179,180. This, perhaps more than anything before it, brings home that the effort to undo trans people is growing into its final maturity. And so, nine years after the tipping point of transgender visibility, we now mark another, very different tipping point. I wish more than anything that I knew how this would end, or what needs to be done to ensure that end is just. But all I know of the future – all anyone knows of the future – is that it is unwritten. Ours could be a story of fear and despair, and the start of a new dark age; or it could be a story of unblinking determination, and resistance in the spirit of the first Pride181. It could be a story where we are stronger than they bargained for. It could be a story where we come together not in spite of hate, but because of it: trans, gay, cis, straight, anyone, even everyone, every one of us who looks inside and finds resolve burning in their heart, saying: No. No to the horror, no to the hate. We will not go back. We will never go back. *** What I have cited is only a small sampling of the over 1,000 anti-LGBTQ bills that have been proposed or passed since 2015. Already, as of February 10, more than 300 such bills have been introduced in 2023. Detailed legislative tracking can be found at https://www.aclu.org/legislative-attacks-on-lgbtq-rights. This threat is so serious that we need each other more now than ever. This goes doubly for allies – if you support the right of queer people to exist, please, do something, do anything. Tell your friends what’s happening. Volunteer. Protest. Vote. It need not be for this issue, either. Fight for racial justice, or climate protections, or workers’ rights, or abortion access. A rising tide lifts all boats. At the end of the day, we are all in this together. 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https://www.nbcnews.com/nbc-out/out-politics-and-policy/west-virginia-bills-exposing-minors-transgender-people-crime-rcna66742 178 http://www.wvlegislature.gov/Bill_Text_HTML/2023_SESSIONS/RS/bills/sb252%20intr.pdf 179 https://erininthemorn.substack.com/p/national-trans-bans-both-trump-and 180 https://www.nbcnews.com/politics/2024-election/trump-vows-stop-gender-affirming-care-minors-re-elected-president-rcna68461 181 https://www.nationalgeographic.com/history/article/inside-the-first-pride-parade-a-raucous-protest-for-gay-liberation-lgbtq [END] --- [1] Url: https://www.dailykos.com/stories/2023/2/10/2151855/-Trans-Emergent-Trans-Erased-The-Right-s-Plan-for-Our-Future-in-America Published and (C) by Daily Kos Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/dailykos/