The War on Children: The Future of Trans Rights in America

By: Oscar Guzzino

edited by: Chloe Shah and Anne Godlin

Transgender rights in America are severely lacking at present, and are subject to further assault in the future. Millions of Americans identify as transgender and are victims of harassment and discrimination not only from society, but from the law itself. Primarily, transgender individuals face challenges with their access to healthcare and the validity of their identity’s legal status. These challenges are much worse for youth, who are more strictly subject to such legislation. Furthermore, it seems that these struggles will only get worse when considering the outcome of the 2024 elections.

 A major point of concern for transgender rights is the attack on healthcare. Firstly, legislators have been targeting access to gender-affirming care for transgender youth and adults. According to UCLA’s Williams Institute, over a third of transgender youth live in a state that has banned gender-affirming care, and over three-quarters live in a state that has pending bans on gender-affirming services. [1]  This is incredibly dangerous as a lack of gender-affirming care can cause serious problems ranging from gender dysphoria to severe depression or suicide. These issues are faced by nearly all transgender individuals, but can be exacerbated in youth who lack strong support systems.

 Furthermore, the status of general healthcare for transgender people is in jeopardy. According to the Human Rights Campaign, the lack of a federal non-discrimination law regarding gender identity creates problems that include, but are not limited to, healthcare discrimination. Over a quarter of trans adults have been refused health care solely due to their gender identity. [2] This is a serious human rights infraction, as it regards the denial of basic healthcare services according to gender identity, violating the equal protection clause of the 14th Amendment. 

The past two years have seen a drastic increase in anti-trans legislation, especially in regard to healthcare. 2022 saw 37 total anti-trans healthcare bills. In 2023, the number jumped to 188 anti-trans healthcare bills, introduced in national and state legislatures, comprising 31 percent of total anti-trans legislation. Furthermore, 2024 has seen 184 anti-trans healthcare bills, making up 28 percent of total anti-trans legislation for that year. [3] This dramatic change suggests an increasing concern with trans rights within Congress, specifically with respect to their limitations. This is much worse for minor transgender individuals as well, as many of these healthcare bills prevent access to care for minors. The current state of healthcare for transgender individuals is one rife with unconstitutional discrimination and under constant assault. Furthermore, these concerns have only been increasing in present times, leading to serious inequalities in healthcare access for transgender youth and adults.

 Most importantly, however, is the diminishing status of transgender as a valid legal status. In many states, there is increasing difficulty regarding the changing of gender or maintenance of a non-assigned-at-birth gender on legal documents. For example, many states prohibit the changing of gender identity on identification documents. This is a law that strictly targets transgender people. [4] Furthermore, bills have been passed that create strict definitions or distinctions between sexes, excluding trans people and refusing to consider the validity of their identity. For example, Louisiana House Bill 608 enforces the distinction of sexes within governmental institutions. [5] Additionally, bills such as Oklahoma House Bill 1449 create definitions of men and women that exclude transgender people. [6] Both of these bills have been passed in their respective states, restricting the legality of trans people as a population. Restrictions on the legal validity of an identity are incredibly dangerous. These restrictions can lead to social dissolution of that identity, as people further reject the identity’s validity over time. As transgenderism is less recognized within the law, people will reject it socially, leading to greater levels of discrimination, harassment, and violence. The lack of legal recognition for trans people may exacerbate these crimes as well. A weak legal identity for trans people can deter them from speaking up about violence. [7] It can also prevent some crimes from being classified as hate crimes, making it less likely that their perpetrators are charged or convicted.

 Additionally, the legal dissolution of a transgender identity occurs much more often within the guise of education reform. Over 120,000 transgender youth live in states that have banned or restricted the use of gender-affirming pronouns in schools and state institutions. [8] Furthermore, a number of state bills have been passed that restrict the teaching of transgender identity or prevent teachers from using a student’s preferred name. [9] This further dissolves the social recognition of transgender identity. While this dissolution has all the effects of increased persecution, it also inflames the dysphoria and depression that transgender children often face. Reducing the recognition and acceptance of transgenderism in schools shrinks a student’s support network, creating a feeling of isolation and despair that can lead to severe depression and suicide.

 These pieces of legislation are almost always being proposed and passed by members of the Republican party. Unfortunately, the Republican party made incredible gains in the 2024 election, winning the presidency, Senate, and keeping hold of the House of Representatives. These gains, in combination with a supermajority of conservative justices in the Supreme Court, have sinister implications for the future of trans rights in America. President-elect Donald Trump has repeatedly made dismissive or inflammatory remarks regarding trans rights. For example, he has said that public schools will not receive funding if they continue to promote sex or gender transitioning as an idea. [10] He has also promised to take action and cease funding for healthcare providers that offer gender-affirming care. [11] Both of these actions would create difficulties for transgender adults and youth to develop support systems that help them combat the mental health struggles that are common for trans people.

 Beyond the presidency, a more serious concern is the potential actions of a unified Republican Congress with a historically conservative Supreme Court to support it. One such concern lies in Project 2025, a political manifesto developed by Trump loyalists. Project 2025 argues for the abandonment of transgenderism as a valid identity, suggesting that its promotion “threatens American’s fundamental liberties as well as the health and well-being of children and adults alike.” [12] A national agenda that pushes this notion will implement policies that seek to dissolve trans identity, creating serious concerns for trans individuals and hastening the production of harmful legislation such as those described previously.

 Transgender people currently face serious challenges to their acquisition of healthcare and the validity of their identity. These struggles exacerbate mental health problems faced by trans people, such as gender dysphoria and depression. They also reduce the availability of strong support systems that are necessary for young people to help reduce the severity of mental health challenges. The shift in administration towards conservatism in 2024 does not bode well for these issues, marking an acceleration of anti-trans legislation and state mandates to dissolve transgender identity legally. To combat this, the law must develop strict and unchanging protections and anti-discrimination laws for transgender people. However, the consideration of transgender rights as a political issue makes this objective difficult and its achievement transient.

Notes:

1. Elana Redfield, Keith Conron, and Christy Mallory, “The Impact of 2024 Anti-Transgender Legislation on Youth,” UCLA School of Law, Williams Institute, April 2024, https://williamsinstitute.law.ucla.edu/publications/2024-anti-trans-legislation/.

2. HRC Foundation, “Understanding the Transgender Community,” Human Rights Campaign, accessed November 17, 2024, https://www.hrc.org/resources/understanding-the-transgender-community.

3. Trans Legislation Tracker, “Tracking the Rise of Anti-Trans Bills in the US,” Trans Legislation Tracker, accessed November 17, 2024, https://translegislation.com/learn.

4. HRC Foundation, “Understanding the Transgender Community.”

5. Roger Wilder III, “Women’s Safety and Protection Act,” Pub. L. No. HB608, accessed November 17, 2024, https://legis.la.gov/legis/BillInfo.aspx?i=246414.

6. Toni Hasenbeck, “Women’s Bill of Rights,” Pub. L. No. HB1449 (2024), http://www.oklegislature.gov/BillInfo.aspx?Bill=hb1449&Session=2400.

7. James Paterson, “Hate Crimes Against Transgender People,” Family Therapy Magazine, 2021, https://ftm.aamft.org/hate-crimes-against-transgender-people/. 

8. Redfield, Conron, and Mallory, “The Impact of 2024 Anti-Transgender Legislation on Youth.”

9. Trans Legislation Tracker, “Trans Legislation Tracker.”

10. Michael Martin and Mansee Khurana, “What Trump’s Win Could Mean for Transgender Health Access, Athletes,” NPR, November 16, 2024, https://www.npr.org/2024/11/15/nx-s1-5181967/what-trumps-reelection-could-mean-for-transgender-health-care-access.

11. Ibid.

12. Roger Severino, “Department of Health and Human Services,” Project 2025, accessed November 17, 2024, https://www.project2025.org/policy/.

Bibliography:

Elana Redfield, Keith Conron, and Christy Mallory, “The Impact of 2024 Anti-Transgender Legislation on Youth,” UCLA School of Law, Williams Institute, April 2024, https://williamsinstitute.law.ucla.edu/publications/2024-anti-trans-legislation/.

HRC Foundation, “Understanding the Transgender Community,” Human Rights Campaign, accessed November 17, 2024, https://www.hrc.org/resources/understanding-the-transgender-community.

Trans Legislation Tracker, “Tracking the Rise of Anti-Trans Bills in the US,” Trans Legislation Tracker, accessed November 17, 2024, https://translegislation.com/learn.

Michael Martin and Mansee Khurana, “What Trump’s Win Could Mean for Transgender Health Access, Athletes,” NPR, November 16, 2024, https://www.npr.org/2024/11/15/nx-s1-5181967/what-trumps-reelection-could-mean-for-transgender-health-care-access.

Roger Severino, “Department of Health and Human Services,” Project 2025, accessed November 17, 2024, https://www.project2025.org/policy/.

James Paterson, “Hate Crimes Against Transgender People,” Family Therapy Magazine, 2021, https://ftm.aamft.org/hate-crimes-against-transgender-people/.