The following weekly digest is written and compiled by the Trans Formations Project, a grassroots nonprofit dedicated to tracking and educating about the anti-trans legislative crisis currently sweeping the United States. You can follow their work and latest updates via Twitter, Instagram, TikTok, Tumblr, and Facebook.
Hello readers. It’s Friday, July 5, 2024.
As a reminder, legislative sessions are different for each state — and you can keep track of your state’s legislative session here. Currently, bill progressions have slowed following the conclusion of legislative sessions in most states.
Special Newsletter Feature: Chevron Deference
This week, Mika Fernandez, Esq. (she/her), President of the Board of Trans Formations Project, gives their perspective on the Supreme Court's decision to overturn Chevron deference.
In Mika's own words:
For almost twelve years, I have been a civil rights lawyer specializing in education law. I focus specifically on cases that directly impact trans kids, kids of color, kids with disabilities, and members of other marginalized communities.
During that time, many of my fellow advocates feared the overruling of a Supreme Court case that most people probably hadn’t heard of, Chevron v NRDC—or, as you might have heard it called in the news recently, Chevron deference. On June 28, the Supreme Court overturned this important legal precedent, making it more difficult to enforce civil rights protections for minoritized groups.
But even without Chevron deference, hope is not lost: there is still important work that can be done to protect those rights. I work with Trans Formations Project because it is one of the very few organizations currently doing the work that is actually needed to protect trans kids.
Before Chevron deference was overturned, federal agencies like the Department of Education had offices for civil rights, created by the US congress to be experts on civil rights law (including trans rights, racial justice, etc.). These offices employ hundreds of experts on civil rights laws: lawyers, peer reviewed researchers, child psychologists. When they make statements, like the recent April 2024 rule on transgender rights, they do so with an authority that few others in the world have access to.
Judges aren't experts, and when someone brings a case, oftentimes expert witnesses determine what the truth actually is. Anti-trans “experts” rely on pseudoscience and present it as science. Notably, the scientific community itself has come to the overwhelming conclusion that trans people are real, and that the real danger to them is not supporting them in their identities. The word of psuedoscientific “experts” should be nothing compared to an agency with hundreds of experts charged with protecting student civil rights.
Unfortunately, the Supreme Court overturned the case that established Chevron deference, ruling that agencies like the federal Department of Education cannot be given additional weight as expert witnesses in legal proceedings. This leaves decisions largely in the hands of judges—who typically are not experts on niche subject matter—to decide for themselves which “expert” is more persuasive. This frees the hands of judges who are actively biased against transgender rights.
In a world without Chevron deference, it is more difficult to protect our civil rights in court. But frankly, the courts have become a much more difficult place to protect our rights, especially after the loss of Roe v. Wade.
Over the past eleven years, over and over again I have seen people disturbed at actions taken by the government. Many of these people prayed for lawyers to save them. As a legal expert in these issues, I say that we cannot put our faith in lawyers to save us. We should prioritize our collective efforts to change state laws that attack marginalized peoples, including trans kids and adults. I work with Trans Formations Project because it focuses on that important work. You should too.
The loss of Chevron deference is a prime example of how we must not place our faith in the courts to protect our rights. We must work together and with our allies to save ourselves, in the legislatures and at the ballot box.
It is time for all people who believe in our rights to step up and fight each and every anti-trans rights bill introduced in state legislatures, using our anti-trans legislative tracker. Become a trans rights voter, and know whether your legislator supports trans rights using our voter scorecards. And if you can, donate to expand our efforts or volunteer with Trans Formations Project. TFP is entirely volunteer-run, and we develop these tools using volunteers. Our efforts will be so much more effective with your continued and expanded support.
Thank you,
Mika Fernandez, Esq. (she/her)
Licensed to practice law in the state of Maryland
The Things We Won
- Two separate studies from Harvard and UCLA provide further evidence that anti-trans “bathroom bills” subject trans people to greater violence. The Harvard School of Public Health surveyed 3,673 transgender students in grades 7-12. Researchers found that students in schools with policies that restricted bathroom usage based on “sex assigned at birth” were subjected to higher rates of sexual violence.
In another complementary study, researchers at UCLA found that trans-inclusive bathroom policies were not associated with a greater risk of sexual violence to the general population. Taken together, these studies indicate that anti-trans bathroom bills, which purport to protect cisgender people, only result in an increased risk of violence for transgender people. - On Friday, June 28, transgender teens occupied the front ledge of England’s central National Health Service (NHS) building in London, protesting the organization’s recent total ban on puberty blockers. These teens, from the organization Trans Kids Deserve Better, are claiming just that—trans kids in the U.K. do deserve better from their institutions and elected representatives.
A spokesperson for the organization asserted: “We are staging this protest to remind politicians and voters that we’re real kids, not just political talking points. We may not have a vote, but it is our lives that are at stake.” The teens have faced both support and opposition for their demonstration, which started just days before the U.K. General Election.
What the Heck Else Happened This Week
- On Wednesday, July 3, U.S. District Judge Louis Guirola Jr. issued a temporary injunction against a nondiscrimination rule recently advanced by the Department of Health and Human Services (HHS). The rule expanded nondiscrimination protections under the Affordable Care Act (ACA) to include gender identity. Judge Guirola ruled against this expansion, asserting that Title IX nondiscrimination protections apply to biological sex only, and not gender identity. Litigation opposing Guirola’s injunction is still pending.
- In a move that received heavy backlash from trans advocates, the Biden Administration announced this week that it opposes gender-affirming surgery for transgender youth. For trans children and teens, gender-affirming care (GAC) rarely looks like surgery; in fact, the vast majority of GAC for minors includes only social transition and hormone replacement therapy (HRT). The Biden Administration’s statement plays into alarmist, anti-trans rhetoric, over-exaggerating the role of gender-affirming surgery in order to push the narrative that trans people want to “mutilate” children.
- On Friday, June 28, the Texas Supreme Court voted to uphold TX SB14, a gender-affirming care ban for minors. This decision overturned a lower court's rulings, which had deemed the law unconstitutional. Proponents of the law point out the hypocrisy of allowing medications like puberty blockers to be given to children experiencing precocious puberty, but not to those experiencing gender dysphoria.
- Last week, the Nassau County Legislature in New York passed a controversial sports ban targeting transgender women and girls. The ban, in the form of an executive order from Nassau County Executive Bruce Blakeman, was previously struck down after the courts ruled that he did not have the authority to pass the ban. Following that decision, the case moved through the legislature, which voted 12-5 along party lines to approve Blakeman’s order. The Roller Rebels, a roller derby team that welcomes trans members, has filed a lawsuit against the executive order with the New York Civil Liberties Union.
DE SB191, a sports ban, was introduced on Friday, June 21st and subsequently sent to the Senate Education committee. This bill would specifically ban trans students from participating in school sports of the appropriate gender and would be a grave injustice to all student athletes in the state.
Bill Progressions
Anti-trans bills (organized by type, listed alphabetically by state) that progressed this week:
Bathroom bills. A bathroom bill denies access to public restrooms by gender or trans identity. They increase danger without making anyone any safer. They have even prompted attacks on cis and trans people alike. Many national health and anti-sexual assault organizations oppose these bills.
- OH SB104, a bill regarding the College Plus program, was amended and swiftly passed on 6/26 and now includes a school bathroom ban targeting trans people. The bill would force all trans people, including students, staff, faculty, or visitors, to use the incorrect bathroom. It also would ban all non-gendered facilities and co-ed housing for schools within the state.
Mental Health Resources
We know that staying up-to-date with anti-trans legislation may be distressing to our readers. If you or someone you know needs support, here are a few affirming resources that you can reach out to:
- If you need support or are in crisis, you can contact the Trans Lifeline hotline at (877) 565-8860.
The Trans Lifeline is run by trans people, for trans people, and does not engage in non-consensual active rescue, meaning they will not call law enforcement without your consent. - You can connect with a Trevor Project crisis counselor via phone 1 (866) 488-7386, chat, or text (Text ‘START’ to 678-678).
Note: This resource could utilize non-consensual active rescue, including law enforcement, 911, and first responders. - You can call the LGBT National Hotline at (888) 843-4564 or connect with a peer via chat.
The LGBT National Help Center will NOT call other suicide hotlines, law enforcement, 911, or rescue services. - BlackLine is a BIPOC LGBTQ+ support line, run by BIPOC folks, for BIPOC folks. This resource does not involve law enforcement or state agencies. You can call 1 (800) 604-5841 to chat with a peer.
- For folks under 25, you can call the LGBT National Youth Talkline at (800) 246-7743.
- The LGBT National Help Center will NOT call other suicide hotlines, law enforcement, 911, or rescue services.
- Adults (folks 18+) can text the THRIVE Lifeline, which is trans-led and operated. Text "THRIVE" to (313) 662-8209 to begin your conversation.
- THRIVE Lifeline does NOT call emergency services for people who are at risk of harming themselves without their consent.
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