For those disheartened by the wave of anti-trans laws sweeping the nation, I wanted to offer a little ray of hope from the front lines. With all the headlines getting attention, it's easy to feel like the world has turned against us. But...
The reality is somewhat different. First, these bills, while different in every state, are all being championed by the same, small group of bigots going state to state. So small, in fact, that they can't find state specific experts for these bills. They bring their own.
Seriously. It's like two quack doctors who have never treated trans patients, two de-trasitioned adults, and a few "experts" who can't stand up to the most basic of cross examination. A traveling band of idiots funded by groups like the bigoted ADF and AFA. It's an absolute joke.
Meaning evidence of state specific incidents of trans athletes, or bathroom problems, or medical problems is never, ever offered in any significance. Because they don't exist. This, legally, is a huge problem, which I'll revisit.
What has happened, in each case, is a groundswell of support for trans people. Corporations and universities have been cowardly, but in every state, ally and parent and doctors and trans kids have stepped up, with a wave of folks who do care, standing behind them.
These voices are loud and heard. Trans Lives Matter, and they do. While they aren't enough to stop the bills, remember that the bills themselves are only being offered for political gain. Not so solve problems.
Republicans see trans existence as a wedge issue. Having met several face-to-face, they don't seem to care about the real damage inflicted. But I also believe they are clear eyed that these bills won't stand up to constitutional scrutiny. It's a sick play for votes.
Which leads me to the legal viability of these bills. In short, there isn't any. The Bostock decision defines sex discrimination to include trans identities. Period. For any bathroom bill or school bill or medical bill that limits trans people from participation to be viable...
The state would need to show clear evidence that it has an overwhelming reason to infringe on the rights of trans people. As I said, in no instance and in no state has this happened.
So, while it hurts to see these cases paraded around the country, taking aim at trans kids, know that the law stands squarely on the side that seeks to affirm and protect trans identities. They are loud, but they are small. We are many and we are right. #translivesmatter
Quick addendum: In every case that I know, where these bills pass, the court is granting injunctive relief, meaning the effects of the bills are stopped until their constitutionality can be decided.
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