It’s been a difficult time to be transgender in the US recently. Republicans have turned our very existence into election fodder and the conservative media ecosystem is seemingly obsessed with us, our healthcare, and our demonization.<\/p>\n\n\n\n
In a very short period of time, our society went from attempting to learn<\/a> the etiquette around using trans peoples\u2019 pronouns, to it being socially acceptable for numerous conservative media members to call for our elimination<\/a>. Even some previously supportive liberal allies have decided that we\u2019re expendable<\/a> as long as our elimination helps them win elections.<\/p>\n\n\n\n It\u2019s difficult to describe to outsiders who aren\u2019t paying attention just how swiftly the political situation has shifted under trans people\u2019s feet in this country. It feels like dark days are certainly ahead for American trans people.<\/p>\n\n\n\n But there are rays of trans hope poking their way through the ever-darkening cloud of conservative hate.<\/p>\n\n\n\n First and foremost has been a relatively unexpected boost from the federal court system, which had temporarily blocked anti-trans bills<\/a> in Florida, Tennessee, Indiana, Arkansas, and Tennessee from taking effect. Though two of those laws have since been allowed to go into effect by circuit courts, even conservative judges have had difficulty justifying the worst bills conservative state legislatures managed to pass this past year.<\/p>\n\n\n\n In mid-June, Robert Hinkle, a Clinton-appointed federal district judge, made two important determinations in his written ruling<\/a> granting an injunction temporarily blocking Florida\u2019s ban on gender-affirming care for trans youth. He declared that gender identity is real, pointing out that even the state\u2019s preferred doctor witnesses, who spoke during a seven-day trial, all admitted that gender identity exists as a concept. He also found that the law, which in recent weeks began affecting access to care for even adult Floridians, is likely to be found unconstitutional because it specifically targets a distinct minority without a viable state interest.<\/p>\n\n\n\n In a ruling that temporarily blocked a similar bill in Indiana, a Trump-appointed federal judge found that gender-affirming care for trans youth provides a positive effect on mental health. “There’s evidence that puberty blockers and cross-sex hormone therapy reduces distress for some minors diagnosed with gender dysphoria,” Hanlon said in his ruling in mid-June. “The risk or irreparable harm, therefore, supports a preliminary injunction.”<\/p>\n\n\n\n It\u2019s not all good news on the legal front however, on July 8, a conservative-majority 6th circuit panel allowed the care ban<\/a> in Tennessee to go into effect. A few days later, the federal judge allowed Kentucky\u2019s ban to go into effect<\/a> as well, citing the previous ruling in favor of the state of Tennessee. Even the Tennessee ruling favoring conservatives was tepid, with the majority openly declaring that they do not know if their own ruling is correct.<\/p>\n\n\n\n In the end, all of the federal court machinations over these laws will end up before the Supreme Court, where trans rights face a likely uphill battle. Even on that front, there is reason for slight hope. Despite the 6-3 conservative majority that represents the court\u2019s current ideological makeup, there are still two conservatives, Chief Justice John Roberts and Justice Neil Gorsuch, who ruled in favor of LGBTQ employment rights in Bostock v Clayton County<\/a>. Those two conservatives could potentially have a sympathetic ear and could join with the three liberal justices in further trans-related cases, however unlikely that scenario seems at first glance.<\/p>\n\n\n\n Beyond the current court situation, there are some state legislative developments that should encourage trans people and give us hope. At the forefront of that are the trans-safe refuge laws<\/a> that have been passed by blue state legislatures.<\/p>\n\n\n\n These bills offer legal protection to trans people and caretakers of trans youth who move to the state to escape red-state persecution. In other words, if a family with a trans kid from Texas were to move to California, which passed a refuge law last year, California would not honor extradition or investigation requests from Texas law enforcement agencies who may be investigating the family for providing their trans child with gender-affirming care.<\/p>\n\n\n\n So far 11 blue states and the District of Columbia have passed such laws<\/a>, and they\u2019ve been key in facilitating the burgeoning internal trans refugee crisis in the US. According to a Data For Progress report, 40% of trans Americans have considered moving<\/a> to a safer, bluer state to escape state legislature persecution.<\/p>\n\n\n\n While this type of legislation certainly won\u2019t help every red state trans person, it shows that there are government officials at varying levels who aren\u2019t ready to give up on us. Just this week, Wisconsin Democratic governor Tony Evers made a big deal on Twitter for vetoing a transphobic bill passed by the state\u2019s gerrymandered state legislature.<\/p>\n\n\n\n