The Extent of the Assault on Trans Rights in Florida

This is a status report for you on just how bad things are now for trans people in Florida. It is so much worse than most Americans are aware.

The school year is about to start up. Schools must implement HB 1069, which requires public K-12 schools to adopt the policy that “a person’s sex is an immutable biological trait and that it is false to ascribe to a person a pronoun that does not correspond to such person’s sex.” They must also enforce HB 1521, which requires people in public buildings, including schools, to only use bathrooms and locker rooms designated for the binary sex they were assigned at birth, and a ban on trans girls and women playing sports in their lived genders.

For K-12 teachers, using a pronoun or title (like Mr. or Ms.) that doesn't match the binary sex assigned at birth is an offense punishable by suspension of their teacher's license. Using a bathroom that does not align with their sex assigned at birth is banned. What the punishment will be is determined by the school district. But the Florida State Board of Education has instituted a policy that state university professors who use a bathroom not matching their birth-assigned sex twice must be fired.

K-12 teachers are not allowed to mention LGBTQ+ issues. If a student talks to them about being trans, they have to report it to the student's parents. Students cannot use any name other than their full legal name on their birth certificate without signed parental permission. And parents are only allowed to give permission for students to use nicknames that are gendered to match the child's sex assigned at birth. Students cannot join a school gay-straight alliance without signed parental permission.

Passed but currently under litigation is a bill that goes beyond "merely" banning providing gender-affirming care to people under 18. It makes the provision of such care a felony and requires the revocation of the medical license of any doctor who provides it. As a result, many Florida clinics have ceased providing any trans care, including to adults. This bill declares a parent's bringing a child to a doctor for trans-affirming care to be child abuse, with the threat of taking children from their supportive parents. And it allows divorced parents in other states who do not have child custody, but who claim that the parent with custody is allowing or intends to allow the child to access gender-affirming care (i.e. that parent accepts the child's trans identity) to kidnap the child, take them to Florida, and have the Florida court issue a new child custody order taking precedence over the prior order in another state.

It is truly horrendous. This is segregating trans people out of public life, legally detransitioning educators, equating acknowledging that LGBTQ+ people exist with pedophilia, censoring knowledge, tormenting children, denying people healthcare, and fostering kidnapping. And a batch of states are right behind Florida in this evil.

People need to know how bad things are, because people they love are going to be burned by it.

 

The Real Problem When it Comes to Trans Kids and Athletics

 

At the time I write this, 12 states now ban either trans girls, or all trans youth, from participating in school athletics. Eight more currently have bills pending, and others have bills waiting to be introduced.

Attacking trans youths, especially trans girls, is all the rage in America's "red states." This is claimed in the most outraged tones to be necessary to protect cis girls. Trans girls are misgendered as "males" and framed as barging into girls' spaces. Lawmakers say the people of their great states are panicked over the need to protect cis girls' privacy, and outraged that "biological females" participating in sports will no longer be able to win trophies or ribbons, because of "males' natural advantage."

Context

Generating sex panics to energize conservative culture warriors is nothing new. Between 1998 and 2012, the same states now banning trans girls from sports banned same-gender marriage. These discriminatory laws were called "Defense of Marriage" acts, and it was claimed that allowing people of the same gender to form legal families would somehow imperil the family as an institution and destroy moral values. My own lieutenant governor, Rebecca Kleefisch, stated, "This is a slippery slope. . . at what point are we going to be OK marrying inanimate objects? Can I marry this table, or this, you know, clock? Can we marry dogs?" To allow same-gender marriage was to condone bestiality and table-marrying.

The movement to ban same-gender marriage was bigoted and ridiculous--as bans on trans kids' sport participation are bigoted and ridiculous. Allowing two people of the same gender to marry actually strengthens investment in families, protects children, and does exactly zero to harm marriages between women and men. But claiming that supporting LGBTQ+ families would somehow destroy society was extremely effective in generating political energy and funds for conservative political candidates.

And before the panic about same-gender marriage on the right, there was panic about laws that would prevent job discrimination on the basis of sexual orientation. The 1970s and 80s saw the "Save Our Children" movement and its spinoffs, which claimed that because "homosexuals cannot procreate," they sought access to children to "convert" to homosexuality via pedophilic abuse, and were seeking bans on discrimination so they could access vulnerable children as teachers or scouting leaders. This slander about pedophilia was very useful in funneling evangelical Christians and large amounts of money into Republican campaigns, and so Republican politicians keep stoking it, decade after decade. Consider what Gov. Ron Desantis' press secretary Christin Pushaw recently tweeted, in defending Florida's "Don't Say Gay" bill that bans discussions or children's books mentioning sexual orientation or gender identity in elementary schools. She claimed, "The bill that liberals inaccurately call 'Don't Say Gay' would be more accurately described as an Anti-Grooming Bill. If you're against the Anti-Grooming Bill, you are probably a groomer or at least you don't denounce the grooming of 4-8 year-old children. Silence is complicity. This is how it works, Democrats, and I didn't make the rules." The term "grooming" refers to preparing a child to be sexually abused-- recycling the same old claim made by "Save Our Children" decades ago. LGBTQ+ people are seeking to get at your children, to abuse and convert them. 

And before sex panics about LGBTQ+ people, America had developed a long tradition of justifying racial segregation and racial terrorism as necessary to protect white women and girls from Black men, framed as monstrous sexual predators. I've written before about how tactics deployed against trans people in the U.S. today are heavily modeled on those developed to oppress African Americans, after the end of slavery and the withdrawal of Reconstruction. 

The Problem

So, America has a long history of using panics about sex, gender, and sexuality to keep the conservative masses politically engaged. I know it's nothing new. But I hear a lot of cis people who mean well say that as if it is supposed to be comforting when it comes to state bans on trans youth participation in sports. "Don't worry, they're always saying this about someone." Either I'm told that they'll lose interest eventually and turn their attention to some other target, or I'm served some narrative about progress being inevitable. And anyway, I'm told, there aren't really a lot of kids being affected--the bans are symbolic. Basically, we're being trolled and should just ignore the trolling.

OK, let's look at these claims one by one.

Progress is unfortunately not inevitable; it requires a deep investment of time and energy. But even if it were, this blasé mindset ignores the tremendous damage done to people's lives during the long years while that progress is being fought for--including years in which other hate campaigns take center stage. It's true that to keep levels of political outrage high, conservative politicians and influencers shift their focus around to keep the news fresh. But when news cycle is focused elsewhere, the discriminatory laws and policies don't fade. Nor do the negative interactions marginalized people have with bigots go away because the particular flavor of hate aimed at them isn't a media focus at that moment.

Then there is the idea that not many people are affected, or the impact isn't serious. The spotlight in evaluating the impact of bias gets focused on the many who do not survive. Over 4000 Black people were lynched in acts of white supremacist racial terrorism between the end of Reconstruction and 1950. More than half of all trans youth reported that they had seriously considered suicide in 2020, and about 1 in 5 trans youth of color reported having attempted to kill themselves.

But I think the focus on mortality both understates and misstates the problem. Well-meaning cis allies are correct: very, very few trans kids are getting kicked off of their school athletics teams now as these bans are being passed. And nobody dies of being kicked off a team.

But the reason so few kids are getting kicked off teams is because, formally or informally, almost all trans youths are already being kept out of school athletics. Tennessee passed a law banning trans youth from sports, despite the fact that the transphobic activist organizations and legislators could not find a single example of a trans girl ever participating in Tennessee school sports. Neither could North Dakota, or Indiana, but their legislatures passed bans. Utah found exactly one trans girl participating in school sports. 

This demonstrates the real problem, which is that trans girls aren't overrepresented in sports--they are drastically underrepresented.

Trans boys and nonbinary kids assigned female at birth are also deeply underrepresented--even though the "logic" of trans sport participation bans doesn't apply to them at all. The claim is that "biological males" inevitably beat "biological females," giving all trans girls, trans women, and nonbinary folks assigned male at birth an unfair advantage. This myth has been debunked at length elsewhere. (And that one trans girl athlete in Utah? She works hard, but her performance is totally middle of the pack.) In any case, by that "logic", transmasculine youth should be at a sport disadvantage, with cis boys having an innate advantage over them. But because bigots like to cloak their bigotry in an appearance of fairness, many of the trans sport participation bans apply to all youths.

So, trans kids of all birth genders and all identities are being kept out of sports. Individual principals or coaches or school boards may have formally banned their participation. But it's rarely necessary. Because trans kids see clearly what is going on. It has been made crystal clear to them that if they try to participate in school athletics, peers will attack them in locker rooms, adults will spit at them in school board meetings, their parents will be targets of hate and perhaps death threats, and now that they might be removed from their family homes, because familial support of trans youths is being framed as child abuse by right-wing culture warriors. 

Trans girls do not present a threat to cis girls in sports. But because they are claimed to do so, almost all of the many thousands of trans youth around the country do not participate in athletics. As usual, conservative culture warriors reverse victim and offender, and abuse the marginalized. 

I don't really think I need to tell you this, but participating in athletics is healthy for children and adults, while being inactive is not. 

So: these bans may just formalize what is already the praxis. Trans kids are already kept from sporting participation. But the same was true of same-gender marriage bans. States passed them despite the fact that same-gender marriages weren't being performed. The importance of this legal discrimination is that the act of campaigning about and passing discriminatory laws is meant to create fear and silence. To cause people to stay in the closet. For the privileged to erase and "cancel" the marginalized, while claiming that it is they, the privileged, who are the real victims, the real targets of "cancellation."

Telling trans folks to just ignore these bills as trolling because there are few trans kids affected ignores the fact that the vast majority of trans kids, of every birth sex and every gender identity, are already affected.

It's really important that we see the real problem here for what it is. Because framing transfeminine people as a threat generates energy for right-wing politicians and for TERF influencers addicted to the "culture war," trans kids are vastly underrepresented in school sports. They have been segregated out formally, and terrorized informally into self-segregation. 

Young people need our support and encouragement, not to be terrorized. People who recognize the humanity of trans kids should be pointing this out every time some bigot starts with the TERF/right-wing claims that their actions are motivated by care about girls' and their participation in sports. 

Creating Social Panics to Entrench Bias: A Brief History

Creating social panics about sexual problems that don't actually exist has been a favorite of reactionaries in the U.S. in response to civil rights movements.

In the 1950s, reactionaries claimed that ending racial discrimination would lead to white women getting sexually-transmitted infections from Black women in public bathrooms. If schools were racially integrated, they said, white schoolgirls would get syphilis from Black girls in shared school bathrooms.

 

These claims were racist and ridiculous. But many white people believed them, and this fear was harnessed to generate waves of resistance against racial integration.

In the 1970s, reactionaries claimed that prohibiting sex discrimination with the Equal Rights Amendment would mean that public restrooms could no longer be segregated by gender, which would lead to widespread rape of women by men.

 

The ERA would not have banned gendered restrooms--that was a lie. But bathroom panic was a main reason the ERA failed to pass.

In the 1980s, reactionaries claimed that protecting people from employment discrimination on the basis of sexual orientation would lead to gay and lesbian teachers and scout leaders sexually abusing children. Gay men were said to be pedophiles who would somehow be empowered to assault boys in bathrooms by employment nondiscrimination. A "crusade" against this was led by Anita Byrant, dramatically named "Save Our Children!".

 

This was homophobic nonsense. But masses of parents were filled with panic and hate, which slowed and reversed antidiscrimination efforts.

In the 2000s, reactionaries claimed that allowing same-gender marriage would destroy the American family and enable bestiality. Politicians equated same-gender marriage to claiming a right to marry a table--something only a society that had lost all sense could support. 

It was the reactionaries' assertions that were nonsensical. But between 1998 and 2012, 31 states passed state constitutional amendments banning same-gender marriage due to panic that the institutions of marriage and family would be destroyed by. . . marriages and families.

 

Now reactionaries claim that respecting trans students' lived genders will "destroy female sports," and laws that ban trans girls from playing sports with other girls have been introduced in over 30 states. You know what the real problems are? Sports for girls and women are underfunded and disrespected. And as for trans children and adults, we suffer poor health due to exclusion from gyms and athletic activity. Far from the mythic domination of sports, transfeminine girls and women are at particular risk from harassment and lack of a safe place to change or shower that keeps so many from being able to exercise where other people can see them at all, let alone compete in sports.

And then, somehow simultaneously with presenting trans girls as a threat to cis girls, reactionaries claim that their goal is to protect trans kids, who are said to be victims of terrible medical experiments, in which evil parents conspire with mad doctors to mutilate their bodies. Republican politicians are writing laws that hold no minor can understand what they are saying when they assert a trans identity--that it's like saying they want to be a dinosaur when they grow up. And they are pretending that evil doctors are pumping tots' bodies full of adult hormones and cutting up their genitals. None of this has any relation to reality. Nobody is doing genital reconstruction on kids (unless they are born intersex, and this is forced on them as infants, but that's another story). Nobody is giving adult hormones to elementary schoolers. 

The fact is that medical transition services for pre-pubertal kids consists of psychological support. Then, at adolescence, youths and their families are offered medication that simply postpones pubertal changes. This makes no permanent alteration to a youth's body--it just prevents bodily changes from taking place that cause despair. Some pubertal developments, like voice change in a transfeminine youth, are irreversible. Others, like breast growth in a transmasculine youth, can be surgically addressed, but that's much more invasive than simply postponing pubertal changes. That's why the American Medical Association supports puberty suppression for trans youth.

But if you look at commentary about these bills, there are masses of comments from enraged and panicked adults and fulminating politicians claiming that abusive parents are making monsters out of little children with scalpels and drugs. The reactionaries claim they are not motivated by bigotry, they just want to protect children. But  passing a law that states that a person's sex is "genetically encoded at the moment of conception" and "cannot be changed," as the law passed in Arkansas banning transition-related care for minors does, makes it clear that what this is really all about: enshrining the misgendering and rejection of trans people in law. The proposed law in North Carolina would even require schoolteachers to immediately inform a child's parents if they observe the minor exhibiting "gender nonconformity," making the policing of binary gender stereotypes a state employee duty.

Once again, we see a panic about sex and the cries of "what about the children!" being used to spread bigotry, dressed up in concern trolling. Anita Bryant claimed to be motivated by her "love of homosexuals" to be trying to save them by promoting homophobic discrimination. Transphobes today claim they are motived by care as well. But the fact that banning recognition and care for trans youth is likely to lead to increased despair and suicidality doesn't deter them at all, because "care" is not the real motivation here. Bigotry is, fanned into a firestorm by a social panic.

The thing you have to remember about sexual panics is that they are not spontaneous or random. They are purposefully generated by people with power to prevent social change.

We have to call out these manufactured panics for what they are. Putting current faux fears in the context of past ones can help make it obvious. So share these histories!

A Sample Resolution Against "Bathroom Bills"

We are at a crossroads in the U.S. when it comes to the issue of protecting trans people from discrimination. The federal government has issued guidelines that make it clear that discrimination against trans and gender-nonconforming people is illegal, at least in certain contexts (the person is a student, a medical patient, or a federal employee). Many organizations and localities have enacted further legal protections for trans children and adults.

But the backlash has been potent. We are seeing a rash of so-called "bathroom bills" being introduced in cities and states around the nation, which ban protecting trans people from discrimination based on the false claim that such laws would put women and girls at risk in bathrooms, locker rooms, and the like. If you are reading this, I presume that you already agree that pro-discrimination bills are a great wrong. But what can you do about them?

Well, one thing you can do is to convince an organization you're in that your group should take a stand against the passing of transphobic laws. You can pass a resolution explaining why you oppose discriminatory laws, and send it to stakeholders and decisionmakers in your area.

Drafting an official-sounding resolution can be challenging, though. Therefore, to help folks who want to take this action, I will share here the text of a resolution I recently drafted for an organization of which I am a member. When that organization meets, the members may decide they want to add or subtract something from the language before they vote to pass the resolution. Your group can do that as well. It's always good to tweak sample language to fit your specific situation! But it's a lot easier to tweak already-existing language than come up with a whole resolution from scratch, so I hope this is helpful to people.

Here's the sample resolution:

RESOLUTION OF [INSERT ORGANIZATION NAME]

AFFIRMING THE RIGHT OF TRANS PEOPLE TO BE PROTECTED FROM DISCRIMINATION IN ACCESS TO PUBLIC FACILITIES, EMPLOYMENT, SCHOOLING, AND HEALTH CARE

WHEREAS respect for people of all gender identities and expressions is an important value of [insert organization name]; AND

WHEREAS gender transition as a resolution of the experience of gender dysphoria is affirmed and supported by the American Psychological Association, the American Medical Association, and numerous other professional groups who care for transgender people, AND

WHEREAS a vital part of gender transition and the health and safety of trans people is living in their identified, authentic genders, with those genders being affirmed and respected in the various spaces and institutional settings where those individuals live, work, and go to school, AND

WHEREAS the federal government has issued guidances making it clear that discrimination against trans people violates federal law, TO WIT:

a)    Students at schools receiving federal funds must not face discrimination due to their gender identity or expression, which protection extends to freedom from harassment, bullying, or nonrecognition of their identified genders, and the right to access facilities and activities open to those of their identified genders (“Dear Colleague Letter on Transgender Students,” interpreting Title IX of the Education Amendments of 1972, issued by the U.S. Departments of Justice and Education); and

b)   These same rights extend to federal employees who are transgender or gender-nonconforming (“Guidance Regarding the Employment of Transgender Individuals in the Federal Workplace,” issued by the U.S. Office of Personnel Management, interpreting the 5^th and 14^th Amendments of the U.S. Constitution and the Privacy Act); and

c)    Patients are protected from discrimination on the basis of gender identity or expression in health care under the Affordable Care Act (“Final Rule to Improve Health Equity under the Affordable Care Act,” issued by the U.S. Department of Health and Human Services); AND

WHEREAS a transphobic backlash against these civil rights protections is ongoing, taking the form of state and local legal initiatives and a federal lawsuit filed by eleven states and state officials opposing the guidance on the protection of trans and gender-nonconforming students listed as (a) above; AND

WHEREAS these anti-transgender initiatives focus centrally on access to bathrooms and locker rooms, claiming that laws protecting transgender people will enable men and boys to enter bathrooms and locker rooms designated for the use of women and girls, in order to commit voyeuristic harassment or sexual assault; AND

WHEREAS trans people have in fact been using bathrooms that match their identified genders for many decades without any such problem existing; AND

WHEREAS legal protection of gender identity does not in any way render harassment or assault legal, AND

WHEREAS it is in fact trans women who face substantial risk of becoming the victims of violence or persecution in accessing bathrooms; AND

WHEREAS claims of a fantasized risk to “innocents” have a long history in being deployed to justify discrimination and segregation, including claims that racial desegregation would put white women and girls at risk of rape and the transmission of STIs via toilet seats, claims that banning discrimination on the basis of sexual orientation would put children at risk of molestation, and claims that the Equal Rights Amendment banning sex discrimination would make sex-segregated facilities illegal, putting women and girls in danger in the same way now being claimed for legal protections for gender identity and expression; AND

WHEREAS the end of legal racial segregation and the introduction of protections on the bases of sex and sexual orientation did not lead to the fantasized onslaughts of sexual abuse; and

WHEREAS so-called “bathroom bills” have a vastly greater negative impact on trans people than just limiting their ability to access toilets; TO WIT:

a)    These bills deny the reality of gender identity, often using the nonsense phrase “biological gender,” which conflates physical sex characteristics at birth with gender identity in order to delegitimate gender transition as delusional; and

b)   These bills encourage the general public to treat trans people, particularly trans women, with fear, and to see them as potential child molesters and inclined to sexual assault; and

c)    These bills encourage the general public to engage in gender policing, which is a practice of scrutinizing the appearance and behavior of others, framing trans people as deceptive in their gender presentations, and punishing gender-nonconformity—a practice that impacts cisgender individuals as well as trans people; AND

WHEREAS the goal of a just society should be that all of its members be treated with dignity and respect, rather than mocked, bullied, stigmatized, falsely accused, banned from equal access to facilities, or otherwise marginalized;

NOW, THEREFORE, BE IT RESOLVED:

1)   [Insert organization name] reaffirms its longstanding support of the protection of people against discrimination on the basis of gender identity or expression; AND

2)   [Insert organization name] is grateful for the federal guidances which have issued from various agencies, making it clear that discrimination against trans and/or gender-nonconforming people in schooling, federal employment, and health care is against federal law; AND

3)   [Insert organization name] opposes the lawsuit by 11 states and state officials who claim a right to discriminate against transgender students; AND

4)   [Insert organization name] opposes all so-called “bathroom bills,” which institutionalize transphobia , delegitimate gender transition; and encourage public harassment of trans people; AND

5)   [Insert organization name] urges all public bodies considering so-called “bathroom bills” to recognize and acknowledge the reasons for our opposition, as enumerated in the body of this Resolution; AND

6)   [Insert organization name] urges all public entities charged with building and administrating public facilities to make available single-stall, lockable, all-gender restrooms and locker rooms for those who wish greater privacy in using the facilities and/or those who do not identify with a binary gender; AND

7)   [Insert organization name] holds that in any building that has both men’s and women’s multistall facilities and single-stall, any-gender facilities, transgender individuals can never be required to use the non-gendered facilities, as this constitutes segregation, but rather that both trans and cisgender individuals have the choice of using either a multistall facility that matches their gender identity, or a single-stall, all-gender facility; AND

8)   [Insert organization name] urges all whom this Resolution reaches to enact rules and regulations which respect and protect the rights of trans and gender-nonconforming people.

BE IT FURTHER RESOLVED that this Resolution shall be published on the website of [insert organization name], and that copies of it will be delivered by both email and paper mail to the Governors and Attorneys General of each of the United States and Territories and the Mayor of the District of Columbia. Email copies will also be sent to appropriate administrative agents of the DOJ, HHS, DOE and OPM, and to the heads of major trans/LGBT rights groups, including the National Center for Transgender Equality, the Transgender Law Center, the Sylvia Rivera Law Project, the National Transgender Advocacy Coalition, the Transgender Law and Policy Institute, the Human Rights Campaign, GLAAD (formerly an abbreviation for Gay and Lesbian Advocates and Defenders, now the full name of the organization as the prior name excluded trans advocacy), and the ACLU. Members of [insert organization name] are invited to distribute copies of this Resolution to local school districts, legislators, administrative agents or other authorities they know to be addressing the issue of protection of trans and gender-nonconforming children and adults.

RESOLVED THIS [insert date] DAY OF [insert month], [insert year].

Fifty Years of Segregationist Fury

 

Pat McCrory, Governor of North Carolina, has been voicing a complaint of late. He is extremely annoyed at the "outside influences" that are protesting his signing of HB2, a law banning trans people from using bathrooms that match the genders in which we are lving, and banning local governments from passing protections for LGBT+ people.

The word he keeps using is "Orwellian." He claims that LGBT+ public interest groups are Big Brother, watching everyone and policing their speech for political correctness. Orwellian! He warns that apparently independent groups protesting the new law are actually being coordinated by a powerful entity, the Human Rights Campaign. Orwellian! The HRC and its minions are intimidating ordinary people and quashing dissent while claiming to be protecting freedom. Orwellian!

You know what's really Orwellian? Presenting trans people's use of bathrooms that match our gender identities--something we've been doing for decades--as something that didn't exist until a couple of weeks ago when Charlotte passed a civil rights bill protecting LGBT people. (As Orwell wrote, those who control the present control the past.) Presenting trans people using bathrooms that match our genders as a new attack on our "basic bathroom norms" that the state was "forced" to reverse is a move right out of the Ministry of Peace. Presenting the real victims of violence--trans women--as predators endangering cis women is a move right out of the Ministry of Truth.

Pat McCrory and the North Carolina legislature have empowered the entire populace of the state to engage in gender policing trans people's bodies. Big Brother is gender policing you--now that's Orwellian.