While transgender people are increasingly receiving visibility, conservative lawmakers have focused on restricting their rights: keeping transgender children away from women’s sports teams and out of some bathrooms, and barring them. to receive gender-affirming medical care.
In response, a growing number of Democratic-controlled states have moved to protect such rights, particularly access to gender-affirming care.
In developments this week, a governor told lawmakers they would have to return for a special session if they fail to pass some restrictions, two others signed protections into law and a transgender lawmaker banned from a Statehouse floor amid a standoff with colleagues.
THE BIG PICTURE
The push by conservatives has increased over the past few years and has, along with abortiona major theme running through legislative sessions across the country in 2023.
Six states have laws or policies that prevent minors from receiving puberty blockers or hormone therapy. Similar provisions were adopted but stopped by the courts in three others. They have been signed into law but have yet to take effect in at least eight others.
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THE CENTER OF DEBATE
In Missouri, the fight over gender-affirming care is playing out in the Legislature and in the courts.
Earlier this month Republican Attorney General Andrew Bailey used an emergency rule to impose the restrictions. of children and adults before they receive such care. Before it took effect this week, a judge halted implementation until Monday and said he may push the date further while considering legal challenges.
Gov. Make Parson, also a Republican, said he would call a special legislative session if lawmakers fail to pass bills restricting transgender rights by May 12.
The GOP-controlled Legislature is on board but has not agreed on exceptions such as whether treatment for people already receiving puberty blockers or hormones would be allowed to continue.
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INVITED INSIDE THE HOUSE
Montana House Republicans ban a Democratic transgender colleague from the floor of the chamber for the remainder of the legislative session as punishment.
Zooey Zephyr tells Republicans you have “blood on your hands” — an expression often used in politics — if they approve a ban on gender-affirming care for minors. The bill passedalthough it has not yet been signed into law.
Zephyr, echoing the impeachment of two Tennessee lawmakers from the state Legislature for a gun policy protest this year, he has become a political trigger for liberals across the country.
He spent the first day of his exile this week battled over the use of a bench in a Statehouse hallway.
Also in Montana, Gov. Greg Gianforte the law on Friday that bans gender-affirming care for minors.
The measure establishes penalties for health professionals who provide such care and allows lawsuits if a patient experiences harm. Doctors cannot hold malpractice insurance against such claims. The law also prohibits public employees and property from being subject to gender-affirming treatment.
During hours of emotional hearings, opponents testified that hormone treatments and in some cases surgery are supported by several medical associations and can save lives for someone with gender dysphoria. , the clinically significant pain or impairment caused by feeling that one’s identity does not match. a person’s biological sex.
Gianforte said the bill “protects Montana children from permanent, life-changing medical procedures until they are adults, mature enough to make serious decisions.”
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THE FEDERAL GOVERNMENT IS WEIGHING IN
The US Department of Justice on Wednesday filed a lawsuit challenging the Tennessee lawwhich is set to take effect on July 1, prohibiting transgender youth from receiving gender-affirming care.
The federal government says that “no person should be denied access to necessary medical care simply because of their transgender status.”
Assistant US Attorney General Kristen Clarke sent a letter last month to all state attorneys general warning them that federal law protects transgender youth against discrimination.
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ACCESS PROTECTED
Signatures of the governors of Minnesota and Washington on Thursday made them the latest in at least nine states to have laws protecting access to gender-affirming care. Vermont lawmakers passed the bills with similar provisions this week, although they have not been signed.
The measures aim to protect patients, health care providers and other actors from punishment or investigation if they violate gender-affirming care and abortion bans in states that have them.
So far, officials have not tried to reach across state lines to enforce the restrictions.
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DIFFERENT DIRECTIONS IN KANSAS
Kansas’ Republican-controlled legislature was one vote short this week to override Democratic Gov. Laura Kelly vetoes ban on gender-affirming care for minors.
But lawmakers overrode other vetoes of the restrictions on rights for transgender people. One prevents them from using the restrooms that correspond to their gender identity in schools, prisons, domestic violence shelters and rape crisis centers.
At least eight other states have bathroom bans, but most of them only apply to schools.
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ROLLING BACK BOYCOTT IN LIBERAL CITY
San Francisco’s Board of Supervisors voted Tuesday to rescind a measure that banned city employees from from making business trips to states with restrictions on abortion, voting and LGBTQ+ rights.
The 2016 policy also prevents the city government from doing business with companies headquartered in those states.
Officials say it does more harm than good. Instead of forcing the states, it raises the cost of San Francisco.
A final vote is expected on Tuesday. California is considering repeal similar measure at the state level.
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PRESENTATION OF DRAG SHOWS
Along with the push to restrict transgender rights, conservatives in several states have recently targeted drag shows. as part of what critics say is a wave of anti-LGBTQ+ legislation.
Alabama became the latest to do so after the legislation was filed Thursday which would add a provision to state anti-obscenity laws.
The bill of Republican Rep. Arnold Mooney will ban “male or female impersonators, commonly known as drag queens or drag kings,” from performing in K-12 public schools, libraries and other public places where minors are present.
The measure is pending before the House State Government Committee.
Tennessee was the first state to place strict limits on drag shows. But last month a federal judge there temporarily blocked that move after a group filed a lawsuit claiming it violated the First Amendment.