top of page

Transphobia in Legislation

(Photo: San Francisco Chronicle)
 

Within the past few years there has been an undoubtable increase in hatred and discrimination against the trans community. This reaction is visible in the actions of social media users; most recently, anti-trans groups organized against the Anheuser-Busch brand for its partnership with prominent trans content creator Dylan Mulvaney. Enraged posters took to uploading photos of themselves with competing brands or destroying cans of Bud Lite in attempts to provoke further outrage. It is undeniable, the mobilization of groups against transgender people has spiked. This uptick can be somewhat baffling given transgender people’s longtime existence and society’s general shift towards progressivism.


This movement is observable in legislation- a month ago the state of Missouri passed a new state directive which will severely restrict access to transitioning treatment. The directive’s motive was cited as “protecting consumers, including minors, from harm”. It will be one of the first pieces of legislation to attempt to completely restrict any form of medical transition for all people, including adults. Though preceded by a more lenient bill which only restricted the transition of minors, this new directive would require 18 months of therapy before any surgeries or medications were administered.

Many of the legislations which attempt to ban this kind of healthcare target minors. Although trans healthcare for those under 18 is still a hotly debated topic, many medical organizations, including the American Academy of Pediatrics, agree that puberty blockers should be available to minors.


In the world of adult healthcare, however, the Missouri directive is already being decried as an overreach. While the Missouri attorney general certainly has a right to protect the youth, many are distressed at the idea that the government could restrict healthcare access to adults as well.


The motivation to protect children underlies a lot of anti-trans rhetoric and its corollary attack on drag performers. This March Tennessee passed a bill restricting “adult cabaret performances” in public or the presence of children-alongside its own ban on trans healthcare for minors. The insecure wording of the bill is both daunting and confusing to Tennessean drag performers. Hypothetically it could mean the arrest of any performers at pride parades, but this is ultimately up to the bill’s enforcers. The definition of a ‘cabaret’ performance is also incomplete, leaving some wondering if this bill will become like the anti cross dressing laws of the 19th century, which unfairly targeted LGBTQ+ people. If the law simply operates on precedent, it could leave drag performers with criminal records and possible felony charges. The law also fails to address a broader definition of ‘public cabaret’. If the law were applied liberally, it could even extend to things like theatre productions that use nontraditional casting.


These regulations come amidst a broader legislative approach to the trans community. Several officials are pushing for even stricter bills which will restrict healthcare for trans people up to the age of 26. The Biden administration recently proposed a rule which would allow some schools to ban trans athletes from competing in sports. Floridian lawmaker Randy Fine recently made a statement which seemed to call for the eradication of all LGBTQ+ people.


The future is an uncertain one for those in the trans community, and further, all those in the LGBTQ+ community as well. It’s unclear whether the political trend towards anti-trans beliefs is preceded by or causative of the current social climate. Either way, the environment is unsafe. The LGBTQ+ community continues to fight back, however. A group of protestors organized a march in San Francisco this month against anti-drag bills under the name ‘Drag Up! Fight Back!’. They’re not alone, either. With the transgender day of visibility passing on March 31st, people everywhere are organizing against discrimination.

4 views0 comments
Post: Blog2_Post
bottom of page