Transgender individuals in the U.S. are facing increasing legislative backlash amid a surge in their visibility, particularly among youth. Proposed anti-trans laws have skyrocketed, focusing on education and healthcare restrictions. A notable case in Tennessee banned medical procedures for minors, prompting legal challenges supported by the Biden administration. Despite resistance, former President Trump’s campaign targets transgender rights, although public sentiment shows significant opposition to restricting healthcare for transgender minors, complicating potential legislative efforts.
Rising Visibility and Legislative Backlash Against Transgender Rights
In the United States, transgender individuals represent a small yet significant minority, estimated to comprise around 1 percent of the population. Recent surveys indicate a marked increase in this demographic, particularly among teenagers, with numbers doubling from 2017 to 2020. This surge has sparked a conservative backlash, leading to a wave of legislative counteractions across various states.
Explosion of Anti-Transgender Legislation
The past three years have seen a dramatic rise in proposed “anti-trans laws.” In 2021, only 143 such proposals were discussed in local parliaments, with just 18 being enacted. Fast forward to 2023, and there have already been 669 proposals, with 48 laws officially passed. The majority of these regulations focus on education and healthcare policies, imposing restrictions on discussions about gender identity in classrooms, forbidding the use of chosen names for transgender students, and mandating that educators notify parents if a child identifies as transgender. Furthermore, these laws often limit access to gender-affirming treatments and surgeries for minors.
One significant example occurred in Tennessee in spring 2023, where a new law banned medical procedures that affect a minor’s “hormonal balance” or involve genital surgery. The legislation asserted that such treatments could lead to loss of fertility and potentially harmful psychological effects, claiming that many individuals might later regret these interventions.
In response, several families with transgender children have initiated lawsuits against this law, emphasizing the positive impact of hormone therapies. The Biden administration has rallied behind these families’ legal challenges. During a Supreme Court hearing, Attorney General Elizabeth Prelogar presented the plaintiffs’ arguments, focusing on the constitutional principle of equality. She contended that Tennessee’s law discriminates against transgender individuals by denying them access to widely accepted medical therapies while permitting them for other health conditions.
However, the justices, largely leaning conservative, did not seem swayed by this argument. Justice Amy Coney Barrett remarked that the law applies equally to all minors, while Brett Kavanaugh suggested that it is a political rather than a judicial matter. He pointed out the complexities of the situation, acknowledging the increased risk of mental health issues among transgender youth, as well as those who may regret transitioning. Chief Justice John Roberts echoed this sentiment, stating that such political disputes should be resolved by elected representatives rather than the Supreme Court. This perspective indicates a likelihood of the conservative majority dismissing the lawsuit next summer, potentially paving the way for more anti-trans legislation across the states, with over 20 states already having enacted similar proposals.
Despite the challenges, attorney Chase Strangio, representing the families, remains optimistic. He asserted that their fight for transgender rights is far from over and will persist beyond the court’s decision, stating, “Our power will continue to grow.”
Looking ahead, Strangio and his allies must also prepare for increased opposition from the White House. Former President Donald Trump and his campaign have invested heavily in anti-trans advertising, threatening to withdraw federal funding from schools and hospitals that support gender transitions and promising to pursue legal action against medical professionals who provide these services to minors. Trump’s commitment to halt what he calls the “chemical, physical, and emotional mutilation of our youth” has drawn significant attention.
However, the feasibility of his plans remains uncertain, as he might struggle to secure the necessary congressional support for substantial legislative changes. Any attempt to implement measures through executive orders would likely face legal challenges from civil rights organizations. Recently, reports suggested Trump intended to discharge all 15,000 transgender individuals from the military, although a spokesperson later denied any decisions had been made.
As Trump campaigns, the topic of transgender rights could potentially bolster his support. Yet, overly aggressive measures might backfire, as polls indicate that while a slight majority of Americans view gender transitions as “morally wrong,” there is also widespread opposition to legal restrictions preventing transgender minors from accessing medical care.