Transgender Rights: Under Fire and Overlooked

Despite the hundreds of transgender individuals who have died as a result of violent hate crimes in recent years, 54% of US adults agree that society has either gone too far or been just right in their acceptance of the transgender population. 

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Whether their beliefs have been influenced by science, religious views, personal relationships, the news, or social media, the percentage of US adults who claim that whether a person is a woman or a man is determined by their sex at birth has undergone a notable increase. As a result, the 1.6 million transgender people residing in the US, who are already more likely to experience homelessness, unemployment, and mental illness, have been denied proper legal protection of their rights. 

There have been few Supreme Court cases that rule on the basis of gender identity, thus transgender rights generally vary from state to state. The federal legislation that has been implemented regarding the rights of transgender individuals contain both highs and lows, often depending heavily on whichever political party was in the majority at the time.  

In 2015, the same year in which same-sex marriage became legal, the Obama administration removed a ban that prevented transgender people from openly serving in the military. However, Trump reversed this measure in 2017 with a policy that said that those who identify as transgender could not serve in the military unless they enlisted under their sex assigned at birth. After a short hiatus from decisions of this nature on the part of the federal government, the Supreme Court ruled in June of 2020 that Title VII of the Civil Rights Act, which outlaws employment discrimination based on race, color, religion, sex, and nationality, extends to transgender people. Before this ruling, it was legal in over half of the fifty states to fire employees because of their gender identity or sexual orientation. 

Shifting their attention to transgender youth in April 2023, the court ruled that an 11-year-old transgender girl from West Virginia could compete on her school’s girls’ cross country and track and field teams. However, around a year later, the court made a temporary ruling allowing Idaho to enforce a statewide restriction on medical treatment for transgender minors; it became a felony to provide any form of this treatment, which included prescribing hormones. Recently, whether or not transgender youth should have access to gender-affirming medical care has been a topic that’s repeatedly appeared in front of the nine justices. 

As of last week, the Supreme Court agreed to hear a challenge to Tennessee’s law that bans transition care for transgender minors, which includes the prohibition hormone blockers, cross-sex hormones, and gender-transition surgeries. Although 25 US states have similar measures in place, this is the first time that the Supreme Court will decide whether or not these bans are constitutional. The case began in November of 2022 when a group of Tennessee legislators introduced the bill, encouraging young kids and teenagers to “appreciate their sex.” Several legal advocacy groups got involved by suing the state on behalf of three transgender teenagers who have benefited from the kind of medical care that is now under attack. The ban was blocked, but then reinstated in July 2023. Last November, the federal government asked the Supreme Court to review the case. While the Tennessee attorney general, Jonathan Skrmetti, argues that the number of minors seeking this kind of treatment is rising and they “may not be able to fully grasp their lifelong consequences and risks,” the counterargument by the Biden administration is that medical intervention for transgender minors only occurs after thorough assessments of each case, in which the family of the patient is involved. 

Currently, violations of the law could result in a $25,000 fine for each prohibited prescription or treatment provided, and there are 100,000 transgender minors living in the states with restrictions on this kind of care. 

Although Pride Month has come to an end, don’t forget to continue supporting LGBTQ+ causes in any way that you can. The Campaign for Southern Equality’s Southern Trans Youth Emergency Project raises money for families seeking gender-affirming care, as well as allows you to send an encouraging message to trans youth impacted by southern bans. While the fight for equal rights and protections is far from over, it is crucial to stand in solidarity with the transgender community and advocate for policies that ensure their safety and well-being.