In America, we live in a culture where legislation ages backward—and those living their truth are being put at risk. In recent times, the landscape of LGBTQIA+ rights has been marked by an alarming surge in anti-transgender legislation. Though trans (and other gender non-conforming people) have always existed (being a part of recorded history as early as 5,000 BCE) and are held in exceptionally high esteem in some contexts, they continue to face violence, marginalization, and invisibility in the U.S.
With the week of November 13th being Trans Awareness Week, it’s essential to honor trans lives by educating ourselves on anti-trans legislation. This Trans Awareness Week occurs against a backdrop of escalating anti-trans legislation. I’ve noticed that many people aren't aware of the appalling circumstances our country has placed the trans community in. During Pride Month, for example, I saw many posts across social media celebrating queer love without acknowledging the current narrative for a considerable portion of the LGBTQIA+ community. As a cis queer woman, I don’t feel it’s fair to celebrate my pansexuality (during any month) without protesting to protest the rights that are being stripped away from the trans community. While some minimal progress has been made within the Biden Administration, things have still gone more backward than forward. The first step to becoming an advocate for justice is to become aware of the severity of the situation.
I must emphasize that the trans experience is not my own, but that doesn't mean I cannot see the injustices done to a beautifully authentic community.. To support our trans friends and families, we should begin by educating ourselves on the anti-trans legislation passed so far this year. I also think it’s essential to provide an update in a safe space for all of our trans friends and family on the legislation unfairly targeting them. I can not speak for the trans community, so I will spotlight the voices of those who can by using data and citing articles written by those in the trans community.
Trans Awareness Week
Trans Awareness Week is a dedicated time for education and advocacy, leading up to the Transgender Day of Remembrance (November 20th), which honors the memory of transgender individuals who have lost their lives due to anti-transgender violence. The week aims to celebrate the resilience of the transgender community, raise awareness about the challenges they face, and promote a more inclusive and understanding society.
As of November 13th, there are a total of 586 anti-trans bills across 49 states in America, at least 80 of which have been passed and 372 which are currently active. Only 104 of these bills have failed, with many more expected to be brought before the legislature over the coming months. These numbers paint a scary picture of the lives of trans Americans and visitors from across the globe. This Trans Awareness Week and beyond, we must continue to fight against this legislation and remember that education is the first step to protest. Keep reading to find all the information necessary to understand and fight against these anti-trans bills in 2023.
Education on Anti-trans Laws
Beginning in 2021, we have seen a wave of anti-transgender legislation sweeping the country. This legislation has primarily targeted trans youth but also directly impacts children’s education nationwide. As each month passes, “social, cultural, and institutional support systems that make it possible for transgender people to navigate our world are increasingly becoming criminalized.”
2021 is the year that this violence made its way into the regular news cycle. At the time, the Human Rights Campaign reported that 2021 was the deadliest year to date for transgender and gender non-conforming people, with a greater total number of deaths than in the preceding six years. The trans experience in 2023 is increasingly unsafe, and new legislation is grounded in decisions made by past presidential politics. Federal policy during the Obama Administration established that students in public schools could use the bathrooms and locker rooms aligned with their gender identity. This changed under the Trump Administration, which revoked those guidelines in 2017. Since then, we have seen numerous bills in various states seeking to reframe what rights transgender students have and the punishments that teachers and parents who affirm students’ identities might face. These legislations are detrimental to the lives of trans youth as those who are denied access to medical care and support experience much higher rates of suicide compared to their peers.
In connection with these developments, the Trevor Project has reported that between 2020 and 2021, there has been a 150% increase in crisis contacts from LGBTQIA+ youth in Texas seeking support. One data analysis by the Trevor Project concluded that transgender and gender non-conforming youth are “feeling stressed, using self-harm, and considering suicide due to anti-LGBTQ laws being debated in their state.”
2023 marks the fourth consecutive record-breaking year for anti-trans legislation in the U.S. In just one month, the U.S. doubled the number of anti-trans bills being considered nationwide from 2022. A great resource in keeping track of this legislation is translegislation.com, which keeps an up-to-date tracker of all bills and the status of each, along with an insight into the contents of each piece of legislation. While the numbers are daunting, we must also understand what these bills mean and what they are trying to take away from the trans community. There have been all-too-familiar goals of these bills: attacks on gender-affirming care, education, athletics, birth certificates, and religious discrimination, among other oppressive themes. In 2023, the main focus seems to be on banning accessible healthcare for trans youth and adults up to 26 years old.
Aside from healthcare, education is also being targeted, with bills like AZ HB1700 encouraging parents to report and schools banning books that "promote gender fluidity or gender pronouns." Others, like AZ SB1001, require a guardian and teacher to approve of a student's pronouns.
Another community that has been targeted is that of drag performers, with 2023 seeing an astronomical increase in “drag-bans.” These bills are wrongly positioning drag performance as threatening to youth. Bills like AZ SB1026 use broad definitions like dressing "in clothing and makeup opposite of the performer's [...] gender at birth" and using language like "drag show targeting minors' to insinuate this harmful intent. Unfortunately, the definitions are often broad enough to include libraries hosting story hours, musicals, or even an acting troupe performing Shakespeare. When understanding these bills, looking at their language and specific word choices is essential. Legislators are using specific language to prompt the erasure of trans identities from American society.. If you browse the anti-trans legislation archive on translegislation.com, you will see how “bills seek to enshrine a dubious definition of ‘man’ and ‘woman’ into state law, bar discussion of sexuality and gender, characterize singing or monologues as sexual performance, and classify trans-affirming care, overwhelmingly supported by the medical community, as child abuse.”
Emily St. James, writing for Vox, notes that, as a trans woman whose gender was harshly policed for almost all of her childhood:
“...the definition of parents affirming their trans kids as “abuse” is positively Orwellian — a literal manifestation of “war is peace.” The idea that children simply living their lives as themselves would be taken from families who loved and supported them and tossed into the foster care system (a potential outcome of the Texas measure) is a nightmare, and it’s being sold under the guise of protecting children.”
St. James also notes in a 2022 article on trans rights:
“There is a reason every major American medical body recommends giving trans children a chance to transition… Children first transition socially — with changes to their clothing, haircut, and name. Then, with a physician’s guidance, they can block the onset of puberty in early adolescence and finally start hormone treatment in later adolescence.”
This method works for trans youth. Notably, “with this approach, trans kids can largely live lives that are indistinguishable from those of cis kids.” Healthcare should be accessible to all trans youth and adults, as their outward appearance is a huge factor in dealing with gender dysphoria. When conceptualizing anti-trans legislation targeting healthcare, especially toward trans youth, it's essential to remember that affirming trans children’s genders reduces their risk of attempting suicide; the use of puberty blockers in trans kids is safe; children are having bottom surgery only in exceptionally rare cases; and almost every element of trans health care we have was initially developed for cisgender people.
Anti-trans legislation is rooted in the erasure of the trans identity, and arguably healthcare may be their primary vehicle to achieve this goal. We need to continue educating ourselves on the language within these bills and see them for the inhumane injustice they are.
Honor, Remembrance, and Protest
Trans Awareness Week is followed by the Transgender Day of Remembrance on November 20th. It’s essential to note that there does not need to be a specific date to honor and remember lives lost to anti-trans violence and discrimination. Remember that every day is to honor, remember, and fight for trans inclusion and equality, and that trans liberation deserves all of our involvement—as the trans community deserves the whole world behind them in their fight for liberation. Continue checking translegislation.com, browse the new bills, and understand their language and implications on trans and gender non-conforming communities. The fight for trans liberation is a fight for all.
During Trans Awareness Week, we look to honor the radical queer and trans activists who fought for liberation before us. Marsha P. Johnson is one historical beacon of light guiding present-day radicals following her footsteps in fighting for liberation. She was credited for being a driving force behind the Stonewall movement that Pride Month commemorates. A relentless commitment to justice and inclusivity fueled Marsha P. Johnson's activism. As we face the current wave of anti-trans legislation, we can draw strength from her example.
Written by Alyssa Morterud.
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