Trans Formations Project Newsletter ∙ 12/6/22

Hello and welcome to the weekly newsletter! Today is Friday, December 16th and we are back with our weekly round up of trans-related legislative news across the U.S.

In case you missed it, we have expanded our social media presence and you can now find us on Tumblr @transformationsproject. This is an additional way you can stay up-to-date on our legislative tracking efforts.

Now for this week’s news:

The Things We Won

First, an update on the Twitch story we reported on last week. As a refresher, ​​Twitch added tens of thousands of global “charities'' to its platform, including the anti-trans hate group LGB Alliance. We are happy to report that the LGB Alliance has been removed from Twitch’s approved list of charities thanks to community activists and allies speaking out against the hate group’s inclusion on this charity list. 

We have a hugely positive update at the national-level. US Congress HB9387, also known as the SAFER Act, was introduced and referred to the Committee on Education and Labor and the Committee on the Judiciary. This bill is sponsored by House Representatives Jahana Hayes (D-Connecticut), Debbie Dingell (D-Michigan) and Deborah Ross (D-North Carolina). This positive bill is a sweeping harassment protection bill which, if passed, would expand title IX protections for LGBTQ+ students in schools, supporting students who are disproportionately harassed and denied equal education opportunities.

We have a positive update on HB151 out of Ohio. On Wednesday 12/14, the Ohio Senate combined HB151, a sports ban bill, with an education bill, SB178, which would expand the governor's control over education. While the Senate passed this combined, last-minute, 1000+ page education overhaul bill, the Ohio House rejected the bill at 2:30 am vote Thursday morning. While this is a temporary piece of good news, we will continue to keep an eye on this legislation as there is a possibility that the bill could be passed before the state General Assembly ends at the end of the year.

Next, Zooey Zephyr (D), Representative-Elect in Montana, has pre-filed a draft bill LC3603 which would ban what is known as the "gay and trans panic defense." It is currently legal to defend murder of an intimate partner if the defendent claims that they discovered their partner was gay or trans. She also pre-filed LC3607 which would revise state adoption laws to create adoption and foster care protections for LGBTQ+ parents and kids. You can read more here.

Last, a lawsuit was filed in Georgia on Wednesday by three state employees who are suing the state of Georgia for denying coverage of gender-affirming healthcare on its state employee health insurance plans. This is the fourth lawsuit of its kind filed to force Georgia agencies to cover the cost of gender-affirming healthcare. All of the previous cases have set a positive precedent by ending with losses or settlements by the state. There are also precedents set by other states, such as North Carolina, Wisconsin, West Virginia, and Iowa, where a lack of gender-affirming healthcare coverage for state employees was deemed illegal. We will provide updates on this lawsuit as they become available.

What the Heck Else Happened This Week?

A story broke this week that this summer, Texas Attorney General Ken Paxton attempted to create a state database of all Texans who changed their gender on their Texas driver's license within the past two years. This is a terrifying attempt to gather the driver's licenses and ID numbers of trans folks in a state which has already repeatedly attacked the rights of its transgender citizens. The existence of this database is another example of the state of Texas attempting to eliminate transgender Texans. Other states have also proposed creating similar registries, including Florida, Ohio, and Virginia, creating fear of further harassment and discrimination among these states’ transgender citizens. 

In Oklahoma, SB30 was released. This bill, to be introduced next year, is an attack on the rights of trans students. This bill would ban school employees from referring to students by their chosen name and from using pronouns that align with students' gender identity. It also prohibits any classroom instruction related to sexual orientation or gender identity. Finally, it would require school personnel to out trans students to their parents/legal guardians. This bill would be devastating for trans students, as research shows the importance of (a) having a supportive school environment and (b) having your pronouns respected for trans’ youth mental health.

Multiple anti-trans bills were pre-filed in Missouri. First, SB236, SB49, and SB164 are identical proposed “SAFE” acts, which would ban all gender-affirming healthcare for minors, with an exception for intersex children. SB281 was also pre-filed in Missouri. This bill would ban any healthcare providers from providing any gender-affirming care to minors. Violating this bill would lead healthcare providers to lose their license and parents to be reported for child abuse/neglect. These bills are a clear indicator of the anti-trans climate in the state of Missouri and would have devastating impacts on trans youth in the state by restricting their access to life-saving healthcare.

We are disappointed to report that, despite vocal opposition from activists and allies, on Tuesday, the Ohio State Board of Education voted in favor of a resolution opposing federal Title IX anti-discrimination protections. This resolution, described as “state-sanctioned bullying” will allow for anti-trans bathroom bans, misgendering rules, and forced outing in schools, failing to support trans students via federal protections. 

We have alarming news to report at the federal level, as well. A federal appeals court ruled in favor of Catholic health systems and associations, upholding a ruling which states that protections against sex discrimination in healthcare and insurance coverage for gender-affirming care is an infringement upon religious freedom. This appeals court ruling undermines Section 1557 of the Affordable Care Act which provides discrimination protections for transgender individuals, as well as discrimination on the basis of race, color, national origin, age, and disability. This ruling restricts the civil rights protections of transgender individuals, and is part of a growing movement to legislate trans folks out of existance by erecting barriers to gender-affirming healthcare.

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) support. 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.

Take care of yourselves and we will be back next Friday with another weekly newsletter.