WASHINGTON – The Human Rights Campaign reported Wednesday that more than half of America’s transgender youth are facing or will soon face barriers to access guideline-directed gender affirming healthcare.

The organization’s finding comes as more than 10 states are on the verge of enacting healthcare bans for youth diagnosed with gender dysphoria, in some cases criminalizing physicians and parents for facilitating access to these healthcare interventions for young patients.

HRC’s press release announcing the data noted gender affirming care is supported by medical organizations with relevant scientific and clinical expertise, groups with a combined 1.3 million member physicians and whose guidelines on treatment for minors are backed by decades of research.

Eight states have now enacted laws banning gender affirming care (Ala., Ariz., Ark., Iowa, Miss., S.D., Tenn., and Utah), while three have passed bans (Ga., Ky., and W.Va.) and six have advanced bans through one of the two chambers of their respective legislatures (Idaho, Ind., Kan., Mont., N.D., and Okla.), according to HRC.

The organization noted that Florida effectuated a ban through its Board of Medicine while Texas passed a law last year that deputizes the state’s Department of Family and Protective Services “to investigate the provision or support of gender affirming care by parents, doctors, or others, as child abuse.”

“LGBTQ+ people are living in a state of emergency,” HRC Senior Vice President Jay Brown said in the press release. “Today’s findings illustrate how the ongoing assault against transgender people is taking hold across the country and underscore how dire the situation is growing for our community by the day. “

“Now more than ever, we must fight back against extremism and hold anti-LGBTQ+ politicians accountable for bullying children and terrorizing our families,” Brown said.

In states where bans have taken effect, for some minors who are currently receiving gender affirming care, such as those for whom traveling out of state to retain access to that care is prohibitively expensive or difficult, the law will effectively and forcibly de-transition them.

Because it significantly reduces the likelihood of self harm behaviors and suicide, gender affirming care is in many cases life saving. A study last year by the National Institutes of Health found a link between anti-trans legislation and “suicide- and depression-related Internet searches.”

HRC reports more than 180 bills targeting the trans and nonbinary community have been introduced so far in 2023, of which more than 100 are healthcare bans for trans youth.

The White House has repeatedly spoken out against many of these bills and laws. During a press briefing Wednesday, White House Press Secretary Karine Jean-Pierre condemned Florida Gov. Ron DeSantis’s proposal to expand the state’s controversial “Don’t Say Gay” law such that it would prohibit any discussion or classroom instruction of sexual orientation or gender identity in public school classrooms from kindergarten through grade 12.

During a briefing on March 10, Jean-Pierre discussed another Florida bill that proposes to “give the state the right to remove kids from their parents just because that kid is transgender.

And just think about that. Just think about a kid who is sitting at home in this community who is listening and hearing elected officials talking about how they want to take away their rights or how they want to even threaten their parents with felony charges for seeking healthcare for their children,” said the Press Secretary.

By Vesper Henry | WASHINGTON – The Daily Wire’s Editor Emeritus Ben Shapiro has long feigned the status of a “conservative intellectual.” His catchphrase, “facts don’t care about your feelings,” remains pinned on top of his Twitter page in a seven-year-old tweet.

With such a reputation, it would be expected he might adjust his preconceived notions (his “Bayesian priors,” if you will) as more facts come to light, but Shapiro’s breathless repetition of a now-debunked theory about trans youth shows that’s not the case.

Known as “rapid onset gender dysphoria,” this social contagion theory insists that young trans people are being peer pressured or influenced by social media to transition. It also contends that people assigned female at birth are transitioning at higher rates to escape the societal pressures of womanhood. The theory all hinges on 2018 data collected by former Brown University physician Lisa Littman from the parents of trans youth who were involved in anti-trans or trans-skeptical forums and organizations. 

The concept of “rapid onset gender dysphoria” was popularized by Abigail Shrier’s book Irreversible Damage: The Transgender Craze Seducing Our Daughters. In 2020, Shrier appeared on Ben Shapiro’s show to defend the book after Target temporarily pulled it from the shelves for its anti-trans rhetoric.

The idea of social contagion was quickly rebuked by the World Professional Association for Transgender Health, the American Psychological Association, and numerous medical organizations. Within seven months, Brown University retracted its press release and republished the study with several corrections. 

Above all, the corrections emphasized that “rapid onset gender dysphoria” is not an official mental health diagnosis and it “should be used cautiously by clinicians and parents to describe youth” and “not be used in a way to imply that it explains the experiences of all gender dysphoric youth.”

In August 2022, the American Academy of Pediatrics published a study disproving the social contagion theory. Using the 2017 and 2019 findings from the Centers for Disease Control and Prevention’s Youth Risk Behavior Surveillance System survey, the paper demonstrates that there is not a significant gender disparity between trans youth. Another study published in the Journal of Pediatrics by Canada-based Trans Youth Can! similarly disproved the theory, concluding that “recent gender knowledge” (as opposed to a longterm understanding of gender identity) was not affected by support from trans friends, online friends, or parents.

Despite the available scientific evidence, Shapiro has continued pushing the social contagion theory with fervor. A March 7 tweet mocked a family with LGBTQ children and called it “a peculiar genetic bottleneck,” sarcastically declaring that it “can’t have anything to do with the environment. All pure biology, obviously.”

What a peculiar genetic bottleneck this family has. They have four kids, including a bisexual son (19), a lesbian daughter (16), and now a “trans son” (12), all publicly celebrated by Mommy! Can’t have anything to do with the environment. All https://t.co/gqRZFUFbnQ…

— Ben Shapiro (@benshapiro) March 7, 2023

On February 24, Shapiro used results from a recent Gallup poll to insinuate social contagion, based on the large difference in those identifying as LGBTQ between Generation Z and the Silent Generation. He denied it could have anything to do with a change in social acceptance.

From the February 24, 2023, edition of The Ben Shapiro Show, hosted by The Daily Wire:

Shapiro also failed to take into consideration the devastating toll of the AIDS crisis of the ’80s and ’90s, which disproportionately impacted the LGBTQ community. Thousands died because of a stunted government response, as it was believed the disease “might be God’s punishment for immoral sexual behavior.” Some of its youngest survivors would be in their 50s by now.

In early February, Shapiro linked “extraordinarily socially contagious rates of trans and queer identification” to “skyrocketing rates of mental illness” and claimed that President Joe Biden would have to answer for both in the 2024 presidential cycle.

In the same episode of his self-titled show, Shapiro diagnosed parents of trans children with Munchausen Syndrome by Proxy. Also known as Factitious Disorder Imposed on Another, it is a form of mental illness and child abuse where a child’s caregiver projects an illness onto the child who doesn’t actually have it. In Shapiro’s words, the parents are “transing their own kids.”

From the February 10, 2023 edition of The Ben Shapiro Show, hosted by The Daily Wire:

This false diagnosis is another common quip of Shapiro’s. In a March episode during which he again attacked the same family with multiple LGBTQ kids, he accused the parents of trans youth of “screw[ing] your kid beyond all recognition for life.”

Shapiro’s most absurd claim with regard to social contagion is that there are almost no trans youth in conservative areas and an abundance in more liberal areas. Drawing this notion from Bill Maher, he very prominently espoused this idea and his other beliefs on social contagion in early November 2022 at a Young America’s Foundation event at Texas A&M University.

Fighting the transgressives | Ben Shapiro LIVE at Texas A&M University:

Shapiro insists that social and environmental decisions make a difference with regard to a child identifying as trans, but then denies that the rate of suicidal ideation among trans youth could be related to cultural intolerance. Ample evidence exists to refute him.

He feverishly reiterated his stance that trans youth only exist in progressive areas in January, claiming that many top-level Democrats, Hollywood stars, and “the elites in ‘blue society’” have trans children. In the same episode, he claimed the trans population “is now increasing at tens of thousands of percent in certain centers of our nation’s population.”

From the January 24, 2023 edition of The Ben Shapiro Show, hosted by The Daily Wire:

According to the UCLA Williams Institute, the estimated population of trans youth doubled from 2017 to 2022, while the population of trans adults remained consistent. While in October 2022 news outlets fearmongered a nearly 600% increase in nonbinary students in two years at one Maryland school system, they overall accounted for less than 300 students in a student body of nearly 160,000.

But in this and many other things, the facts don’t care about Shapiro’s feelings. In 2017, West Virginia had the highest population of trans youth per capita, despite NBC calling it the “reddest” state the year before. In 2022, researchers at West Virginia University found that 7% of young people in rural Appalachia did not identify fully with their gender assigned at birth.

Looking at the nation as a whole, a 2022 survey by the UCLA Williams Institute did not find major disparities in the trans population in youths aged 13-17 by region: 1.82% of youth identified as transgender in the Northeast, followed by 1.62% of youth in the West, and the South and the Midwest were nearly tied with 1.25% and 1.24% of youth identifying as transgender, respectively.

Only four states (New York, New Mexico, Maryland, and Hawaii) and Washington, D.C., had more than 2% of the youth population identifying as transgender, capping at 3% percent in the state of New York.

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Vesper joined Media Matters for America in October 2022 as a researcher for the LGBTQ Program. They received a bachelor’s degree in journalism with a minor in political science from the University of Georgia.

They have bylines in The Red & Black and DEI organization Awesomely Authentic’s blog, as well as previous research experience with the Democratic Governors Association.

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The preceding article was previously published by Media Matters for America and is republished with permission.

By Kayla Gogarty | WASHINGTON – A Media Matters analysis found that The Daily Wire ’s network of Facebook pages has earned over 17 million interactions from nearly 13,000 posts with transgender-related keywords — many of which amplified attacks on trans athletes, criticism of gender-affirming care, and praise for government officials restricting trans rights.

These anti-trans posts come amid a long history of Facebook giving the right-wing outlet special treatment to earn high engagement and allowing it to flout platform policies.

Jump to section…

• ANTI-TRANS ARTICLES SHARED MOST FREQUENTLY BY THE DAILY WIRE’S NETWORK OF FACEBOOK PAGES
• ANTI-TRANS POSTS FROM THE DAILY WIRE’S NETWORK OF FACEBOOK PAGES THAT EARNED THE MOST INTERACTIONS
• METHODOLOGY

• Social media companies have struggled to prevent anti-LGBTQ hate on their platforms as right-wing media have ramped up harmful rhetoric against the LGBTQ community. Meta — the parent company of Facebook and Instagram — has also profited from this rhetoric, earning tens of thousands of dollars in revenue on ads with the anti-LGBTQ “groomer” slur, which perpetuates the myth that LGBTQ people put children in danger, and at least $5.7 million on over 550 anti-trans ads from right-wing media outlet The Daily Wire.
• On March 4, The Daily Wire’s Michael Knowles claimed during a speech at the 2023 Conservative Political Action Conference (CPAC) that “transgenderism must be eradicated from public life entirely.” (Knowles doubled down on his call to “eradicate transgenderism” in a March 15 column published by The Daily Wire.) These anti-trans comments follow The Daily Wire’s history of pushing anti-LGBTQ rhetoric, including on social media platforms — where companies like Meta have given the right-wing media outlet and its personalities special treatment and allowed it to flout platform policies.
• Using CrowdTangle, Media Matters compiled and analyzed transgender-related posts from The Daily Wire’s network of 19 Facebook pages between January 1, 2021, and March 13, 2023. We found that during this time frame, these pages posted about the transgender community at least 12,940 times, earning over 17.1 million interactions on these posts.
• More than 93% of these interactions — over 16 million — were earned on the more than 5,800 posts from the leading accounts associated with the outlet: Ben Shapiro, Michael Knowles, Matt Walsh, and The Daily Wire itself. Notably, nearly 15% of The Daily Wire’s anti-trans content on Facebook was posted in just two months last year. Over 1,050 such posts — or over 8% — were made in March 2022, when right-wing media promoted Florida’s anti-LGBTQ “Parental Rights in Education” bill, which was signed into law at the end of the month and banned discussion of sexuality or gender identity in kindergarten through third grade.
• An additional 760 of them — or nearly 6% — were posted in June 2022, when Walsh released his anti-trans film What is a Woman?The transgender-related posts with the most interactions from The Daily Wire’s pages and the articles most frequently shared in the network’s transgender-related posts illuminate the anti-trans narratives being amplified by The Daily Wire — attacks on transgender athletes, criticism of gender-affirming care, and praise for government officials restricting transgender rights and care.
• Anti-trans articles shared most frequently by The Daily Wire’s network of Facebook pages
• The network posted a Daily Wire article that amplified anti-trans comments from Brittany Aldean, the wife of country music star Jason Aldean, at least 38 times, earning over 46,000 total interactions. The article repeatedly highlighted her comments comparing gender-affirming care to “the genital mutilation of children” and calling it “one of the worst evils.”
• The network posted a Daily Wire opinion article attacking transgender activist Jazz Jennings at least 37 times. The article deadnamed Jennings and mocked her experience, calling it a “troubling story.”
• The network posted a Daily Wire article that amplified a “British women’s rights campaigner” who confronted a transgender woman at the NCAA women’s championships, where a transgender athlete was competing. The network posted the article at least 35 times, earning over 43,000 total interactions. 
• The Daily Wire’s Facebook pages posted another article that pushed outrage about a transgender woman who took first place in a women’s skateboarding competition. The article was posted by the network of pages at least 34 times, earning over 65,000 interactions.
• The network posted another Daily Wire article about transgender athletes at least 33 times, earning over 151,000 interactions on the posts. The article, which focused on a transgender cyclist who was banned from competing in a women’s championship race, deadnamed multiple transgender athletes.
• The network of pages posted an article — at least 32 times — that amplified an individual’s experience detransitioning, which is a rare occurrence.
• The network posted an article that amplified Daily Wire personality Candace Owens’ attacks on Ulta for supporting transgender actress and influencer Dylan Mulvaney. The article was posted by the pages at least 32 times, earning nearly 65,000 interactions
• The pages shared a Daily Wire article titled “Why Civilization Depends On The Strength Of Men” at least 30 times. The misogynistic article starts, “If we have anything for which to thank the utterly mad ‘transgender’ movement, it is that it has laid bare, for all to see, the relative weakness of the female body by comparison with the male.”
• The network posted another anti-trans Daily Wire article at least 30 times. The article amplified anti-trans content from Libs of TikTok, a Twitter account with 2 million followers that constantly demeans, attacks, and pushes disinformation about the LGBTQ community.
• The pages also posted a Daily Wire article about Tennessee Gov. Bill Lee calling for an investigation in reaction to Daily Wire personality Matt Walsh claiming that Vanderbilt University Medical Center “drugs, chemically castrates, and performs double mastectomies on minors.” The article was posted by the pages at least 30 times, earning over 11,000 interactions on the posts.
• Anti-trans posts from The Daily Wire’s network of Facebook pages that earned the most interactions
• Ben Shapiro: over 212,000 interactions 
• Ben Shapiro: over 208,000 interactions
• Daily Wire: over 163,000 interactions
• Ben Shapiro: over 160,000 interactions
• Ben Shapiro: over 143,000 interactions
• Ben Shapiro: nearly 140,000 interactions
• Ben Shapiro: nearly 128,000 interactions
• Ben Shapiro: over 126,000 interactions and 41 million views
• Candace Owens: over 121,000 interactions and 1.1 million views 
• Ben Shapiro: over 119,000 interactions
• Methodology
• Using CrowdTangle, Media Matters compiled all posts for Facebook pages affiliated with The Daily Wire that were posted between January 1, 2021, and March 13, 2023, and included transgender-related keywords. We reviewed data for these posts, including total interactions (reactions, comments, and shares).
• We defined posts as containing transgender-related keywords if they had any of the following terms in the message or in the included link, article headline, or article description: “trans kid,” “trans kids,” “trans child,” “trans children,” “trans boy,” “trans boys,” “trans girl,” “trans girls,” “trans man,” “trans men,” “trans woman,” “trans women,” “trans female,” “trans male,” “transgender,” “transgenders,” “transgenderism,” “gender transition,” “gender identity,” “biological male,” “biological man,” “biological woman,” “biological boy,” “biological girl,” “biological female,” “women’s sports,” “girls’ sports,” “biological women,” “biological men,” “puberty blockers,” “chemical castration,” “irreversible procedures,” “irreversible surgery,” “irreversible surgeries,” “detransition,” “detransitioner,” “gender reassignment,” “hormone replacement,” “sex change,” or “sex reassignment.”
• The following 19 Facebook pages are associated with The Daily Wire: Ben Shapiro, Daily Wire, Michael Knowles, Matt Walsh, Andrew Klavan, Candace Owens, Donald Trump is My President, Pro-America News, The Angry Patriot, Conservative News, Fed-Up Americans, Restless Patriot, The Real Patriots, The United Patriots, The Conservative, The Right News, Boycott, Don’t Mess With America, and Lady Patriots.

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The preceding article was previously published by Media Matters for America and is republished by permission.

By Erin Reed | WASHINGTON – One of the most common myths heard in anti-trans hearings is that most trans kids will desist if they are allowed to go through puberty. Sometimes specific numbers are given, such as 80% of trans kids desist.

This statistic has been cited as low as 60% and as high as 99% in various legislatures. In Montana, a representative used this statistic to justify passing a medical ban. The Heritage Foundation has also pushed this myth. Nearly every hearing on this topic includes this myth. The desistance myth is one of the most persistent falsehoods and has been used against the trans community for decades.

It is misleading and inaccurate as it comes from outdated DSM-4 criteria and decades-old data. Newer studies show that 97.5% of transgender youth are persistent in their gender identities. Let’s examine how this falsehood originated, how it is misused, and what current research reveals about the rarity of desistence and detransition.

See an example of this claim being used on Fox News:

Conservative lawyer Harmeet Dhillon just said trans teens who transition "desist from transition at an 80-90% rate." This is false. pic.twitter.com/0jfiq0b7r9

— helena hind (@cynicalzoomer) March 17, 2023

The DSM-IV, released in 1994, spelled out how to diagnose mental health conditions including “Gender Identity Disorder” (no longer a disorder). In this manual, clinicians made their first attempt to diagnose transgender youth.

These first diagnostic criteria were an admiral early attempt, but contained a fatal flaw in how transgender youth were diagnosed: the diagnosis bafflingly did not require a youth to identify as another gender. Instead, it focused on factors such as “preference for cross-sex games and activities” and “preference for friends of the other sex.”

Problems with this diagnostic criteria should be immediately recognizable today: a cisgender tomboy with absolutely no identification as a boy would be diagnosed with gender identity disorder under these definitions. A cisgender boy who likes to put on an Elsa costume and play with girls could be diagnosed with gender identity disorder under these definitions.

They were woefully inadequate for judging if youth were transgender. They also came during a time when youth transition did not exist as a medical practice, and so there were no real clinical guidelines on their treatment – thus, little effort was made to change the criteria which were primarily used for discussion in therapist offices and not to support or deny medical transition care.

In 2013, the DSM-V was published and in it, many corrections were made on how gender dysphoric youth are diagnosed. The most important correction was the requirement that a transgender youth demonstrate an insistent, persistent, and consistent desire or identification as the gender that the patient believes they are. The individual factors were also changed and adjusted. These diagnostic criteria were much more stringent, and are the diagnostic criteria used today.

See the changes:

There is one problem though: until recently, all of the studies that came out used the old criteria. They included several people with no identification with another gender as meeting the criteria for “gender identity disorder,” which is itself no longer a disorder. These studies have a ton of other other problems as well, such as tiny sample sizes, very high dropout rates, old data from a time when youth transition was impossible, and even issues around conversion therapy practiced on trans patients.

There are two pieces that are commonly cited. The first is numerous pieces of research by Ken Zucker, including a famous book published in 1995 that serves as the genesis of most “80% detransition” myths. The second is a series of studies from Thomas Steensma, usually centering around his 2011 or 2013 studies. Both of these studies contain the same core methodological flaw above, and both contain their own unique flaws that make them even more inaccurate.

Ken Zucker’s research on transgender youth was performed in 1995, a time when youth could not legally or medically transition. In fact, trans youth in that time likely all “desisted” for some time because of bullying, lack of access to care, and severe repression. I myself grew up as a transgender youth in that time period and I “desisted,” one of the many reasons I am writing this article.

Zucker is the genesis of the number that is most often cited, “80% desist from being trans.” Upon review of Ken Zucker’s research, half of Zucker’s patients did not even meet the definition of diagnostic criteria for transgender youth. His main research consisted of only 45 youth utilizing the old diagnostic criteria. A review of his clinic yielded much darker results, however: Zucker was engaging in conversion therapy practices that sought to push trans youth to identify as cisgender. His clinic was promptly shut down in 2015 as a result of a Canadian anti-conversion therapy law.

Although Zucker denies the allegations that he engaged in conversion therapy, his practices and history paint a different picture. In the 1990s, he stated support for gay conversion therapy with the rationale, “a homosexual lifestyle in a basically unaccepting culture simply creates unnecessary social difficulties.”

In shutting down his clinic, a Canadian GIC review was conduced and a report was produced. From the report:

• Parents state they were encouraged “not to give into” allowing their youth to wear clothes not of their assigned sex at birth.
• Parents state they were told to avoid wrongly-gendered toys.
• Parents state they were told to ensure their children would play with children of their assigned sex at birth.
• Patients state they were asked intrusive questions about their sexual orientations as early as 9 years old.
• Transgender youth were pathologized and correlational mental health issues were interpreted as causative.
• Some patients reported pictures of them taken without their consent using cell-phones.
• Parental lack of acceptance and desire for the child to identify as cisgender guided treatment.

Because of a tiny sample size, outdated data, the impossibility of youth transition, and Zucker’s clear ideological motivations, his 80% detransition rate clearly should be viewed as false and useless in current research on gender affirming care, especially considering modern data, criteria, and research exists.

Steensma’s 2011 and 2013 studies had similar issues in his research, which in some ways had even worse methodological flaws. Steensma used the old criteria, which is not the way that gender dysphoria is diagnosed today. Worse, the two studies classified every youth who did not return to the clinic as having “desisted” or “detransitioned” with no long term follow-up. Half of the participants in the studies did not return and all were classified as having “desisted.”

The sample sizes were tiny at the getgo – only 53 people were in the first study and 127 in the second study. Given the fact that a large portion if not the majority of Steensma’s patients were classified under decades old criteria and assumed permanently detransitioned simply for refusing to follow up, these studies cannot be used to make any reasonable claim of desistance rates.

Furthermore, transgender youth could not meaningfully transition until recently. Medical care for trans youth was highly gatekept if not barred entirely. Transgender youth were rarely, if ever, afforded any form of treatment. Many such youth lost hope in ever being able to transition as puberty took its toll and they were forced to repress over bullying and a dangerous public environment.

Modern studies show a much higher persistence rate as well as important factors behind detransition. In 2015, a study was done on thousands of transgender people, including detransitioners. Only 8% of people reported ever detransitioning – ten times lower than the 80% often cited. Of these 2,000 detransitioners, the largest sample size of any study, 62% of them reported that they only detransitioned temporarily.

Among the remaining detransitioners, the most common reason for detransitioning given was parental pressure and discrimination. Only 0.4% of people reported detransitioning because they were no longer trans.

Among trans youth, desistance and detransition rates are incredibly low. The most recent study in the prestigious journal Pediatrics, one of the only studies that use modern criteria, showed that 97.5% of trans youth continue to identify as trans on a 5 year follow-up. The sample size was also larger than all previous sample sizes of this population: 317 youth.

Anti-trans gender affirming care bans often start off with a list of “legislative findings” that seek to “state the science” around gender affirming care. In this list of findings, you might be surprised to see that the later studies are nowhere to be found, but the claims from the former studies pop up and are presented as factual when they are over a decade old, are dramatically outdated, and use standards that are not even in use anymore.

See Georgia’s “legislative findings” section of HB653, which would ban gender affirming care for trans youth

This statistic will continue to be misused to justify anti-trans bans all over the United States. Legislators will state that “80% of people detransition,” even when detransitioning is a statistical rarity. The same dozen detransitioners, like the “ex gays” of the 1990s, will be flown from state to state to justify bans, raising the question as to why they seem to only be able to find a small handful to testify.

Meanwhile, actual trans kids who will grow up to still identify as trans, if they can make it to adulthood following these legislative onslaughts, are left to bear the damage of this misinformation.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

Follow her on Twitter (Link)

Website here: https://www.erininthemorning.com/

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The preceding article was first published at Erin In The Morning and is republished with permission.

By Erin Reed | WASHINGTON – On Wednesday, Minnesota Gov. Tim Walz signed Executive Order 23-03, a comprehensive order that safeguards transgender individuals, their families, and their providers from out-of-state prosecution.

The order guarantees access to healthcare and extends protection to transgender people from all state agencies while obtaining such care. This order is referred to as a “safe state law,” which has been proposed and passed in several states across the U.S. Initially introduced by California Senator Scott Weiner, sponsor of the state’s own safe state law, these proposals aim to prevent the criminalization and extradition of families and providers who seek sanctuary from being targeted by their home states.

If the order’s extensive safeguards materialize, Minnesota would rank among the safest states in the U.S. for transgender individuals in terms of state policy and legislation.

The order’s protections are comprehensive. It contains several provisions to mandate health insurance companies to no longer deny transgender care. It directs state agencies to require modern standards of care. Many times when it comes to transgender care, the only things that are covered are hormones and gender reassignment surgery – this was the standard of care two decades ago. Now, things like facial feminization surgery, hair removal, prosthetics, and more are considered medically necessary and supported by evidence in the modern standards of care spelled out in WPATH 8. It also provides protections against discrimination in educational institutions, another major issue given the willingness of some school districts this year to pass local policies banning bathroom access.

Perhaps more importantly, the state will protect transgender people, their families, and their providers from legal targeting. It bans the use of any resources whatsoever in enacting out of state anti-trans laws against people who flee to Minnesota to obtain their care. Police officers, jail cells, and even ink to paper could be considered “state resources.” See this comprehensive list of ways that the order protects transgender Minnesotans:

Health:

• Coordination of all state agencies to safeguard individuals seeking gender-affirming care.
• Issuance of a bulletin to health insurance companies mandating insurance coverage.
• Preparation of a report summarizing the effectiveness of gender-affirming care and its public health impacts.
• Initiation of investigations into health insurance denials.
• Refusal to approve insurance companies with evidence of denials.
• Updating of provider manuals for Medicaid to ensure modern standards of care are met for transgender insurance coverage.

Health and Education:

• Mandate the Minnesota Department of Human Rights to investigate educational institutions or health companies for discriminatory practices.

Denial of investigations:

• Minnesota will not use any time, money, facilities, property, equipment, personnel, or resources to assist investigations for civil or criminal liability against trans people or their families.
• Minnesota will not enforce judgments from other states terminating parental rights due to gender-affirming care provision.
• Minnesota will not comply with subpoenas in other states for gender-affirming care information.
• Governor Welz will exercise his discretion to refuse requests for the arrest or surrender of people charged with violation of the law in another state due to gender-affirming care.

This is comprehensive and goes far beyond many other safe state policies proposed or passed in other states. Some states have “soft” safe state laws that have been passed last year or this year that protect gender affirming care providers and patients if the conduct occurred within the safe state borders. Others, such as California and Washington, D.C., protect patients and providers even if they are fleeing conduct that occurred in another state – something I have referred to as “hard” safe state laws. These laws often also protect trans kids in child custody cases. Minnesota joins those two states in protecting fleeing trans people as well as trans kids in custody situations where a parent could have their kid removed for the provision of gender affirming care. Here is a map of current safe state laws:

This all comes as transgender people, their families, and providers are increasingly criminalized. Neighboring states such as Iowa and South Dakota have both passed bills recently that ban gender affirming care for transgender youth. South Dakota’s bill specifically tells doctors how to force medical detransition on trans teens. States like Texas have investigated parents of trans youth for child abuse and several bills proposed there intend to put that practice into the code of law. Child custody is a particularly important point as states like Florida and Texas have bills in place to legalize kidnapping of transgender kids by noncustodial parents, or the kids of transgender parents.

The executive order comes after transgender Representative Leigh Finke has had success getting a similar bill through committee. Representative Finke has been a strong proponent of safe state legislation and her bill has received dozens of endorsements. Because the legislative process takes time, however, Governor Walz was content to ensure the use of his executive authority to achieve the same goals. Rep. Finke was present at the order’s signing and gave a speech. See her remarks:

This executive order will make Minnesota one of the safest states for transgender people once it is fully in effect. Should Minnesota go forward to pass Rep. Finke’s safe state legislation, those protections will be solidified for years to come. In a year when transgender people are under attack more than ever, it is these kinds of bills that show a true commitment to being strong allies to the community. Because of this, I will be upgrading Minnesota into the ranks of the dark blue, safest states on my map of transgender legislative risk on its next release.

Related:

I have tracked anti-transgender legislation for 3 years @erininthemorn on Twitter and TikTok. Every day, I’ve gotten messages from worried people wondering how they are supposed to assess their risk of staying in their home state.

The messages range from parents of trans youth wondering if their children will be taken from them to trans teachers wondering if their jobs will be safe in coming years. Sometimes people just want to know if there is a safer state they can move to nearby.

I created the legislative risk map specifically to help answer that question. Now more than ever, it is a question that needs answering for so many transgender people facing forced medical detransition, bans on the use of our names, pronouns, and identification documents, and many other curtailments of our rights to exist in public life.

Methodology

The methodology I use is qualitative. I know the partisan breakdowns of the various states. I have watched hundreds of hours of hearings on anti-trans legislation and am fully aware of all of the players nationally as well as where they are making their pushes against trans rights. I have followed the vote count and talk to activists on the ground in each state. I also take into account election results – the last election shifted several states into lower risk due to Democratic victories at the state level. I am looking at how similar states are moving in their legislative cycles. Lastly, I watch for statements by governors and bill drafts to see if the Republican party in various states seems to be pushing anti-trans legislation heavily – you can see many examples of such legislation on this Substack.

Changes Since Last Map

New symbols that were added on the last map, the exclamation point and the green plus sign, indicate that a state has an imminent possibility of moving up or down in a risk category. If your state has a yellow exclamation point, there is a bill that has been engrossed and has passed one legislative chamber that I have identified as extremely dangerous towards transgender people.

States that have been identified as in imminent danger of moving up a risk category remain mostly the same, with a few exceptions. Indiana and Kentucky have been added due to anti-trans bills that are moving quickly in these two states. The states that are indicated as potentially moving down in risk category still include Minnesota and Maryland, both of which are advancing extremely protective bills such as Maryland’s Trans Health Equity Act and Minnesota’s Safe State bill for trans people seeking refuge from unsafe states. New Mexico has been added as well due to a number of protective bills that are moving through there including a right to gender affirming care and a safe state bill.

Sadly, we have seen a new addition to “worst states” in Mississippi. Mississippi was originally ranked medium risk on the very first risk assessment map, but as soon as the governor declared that transgender issues were a top priority, it was raised to high. Mississippi passed an extremely cruel gender affirming care ban for trans youth which would result in their forced medical detransition.

We have also seen a new improvement in risk profile. Wyoming has improved to medium risk for anti-trans legislation. Although a sports ban did make it through the state, the state beat back its anti-trans medical ban as well as its Don’t Say Gay or Trans bill.

The Worst States

• Alabama
• Arkansas
• Florida
• Mississippi
• Oklahoma
• South Dakota
• Tennessee
• Texas
• Utah

These states have passed the worst anti-transgender legislation or enforced existing laws against transgender already. The worst laws appear in these states. Texas is home to the weaponization of DFPS against transgender people and 34 anti-trans bills proposed this cycle. Alabama, Arkansas, Florida, Mississippi, South Dakota, Tennessee, and Utah have all also passed gender affirming care bans for trans youth. Tennessee recently passed a bill banning drag in public that could even target pride. Oklahoma currently has the most anti-trans bills of any state proposed. Florida has banned medicaid coverage for trans adults and has some of the worst anti-trans bills proposed right now – including one that would allow the kidnapping of trans kids. These are the states I get the most questions from people asking where they can flee.

High Risk States

• Idaho
• Indiana
• Iowa
• Kentucky
• Louisiana
• Missouri
• Montana
• Nebraska
• Ohio
• South Carolina
• Virginia
• West Virginia

This list includes states that have seen proposed anti-trans bills last year that nearly passed, states that have already seen proposed bills that may pass this year, or states that otherwise have shown a willingness to target transgender people. Many states on this list are currently proposing bills that will send them into the ranks of the “worst states.” Mississippi, South Dakota, and Utah all moved off this list because of laws passed in those states.

The Rocky Mountain West has seen extreme bills moving through at breakneck speeds. Montana has multiple bills that would make it very hard to exist as a transgender person, such as drag bans, healthcare bans, and bans defining transgender people out of the law entirely. Similar legislation is moving through other states in this region, with Wyoming being a notable exception – Wyoming is no longer in this risk category because it defeated the worst of its anti-trans legislation.

Appalachian and Midwestern states are also seeing movement, with some states at imminent risk of moving up a risk category level. West Virginia, Kentucky, and Indiana all have medical bans and other broad reaching bills moving through the legislature. Kentucky’s HB470, for instance, is one of the harshest bills moving through a state legislature in the entire United States. This bill would ban name changes for trans youth. Other states on this map like Missouri, Nebraska, and Iowa have healthcare bills moving through committee, though they have not passed a full legislative chamber vote as of the time of the making of this map.

Virginia is also at high risk even though it’s anti-trans bills were beaten this cycle. That is because Glen Youngkin is using the powers of the governorship to directly target transgender youth. Recently he released model anti-trans school policies that will result in forced outing of trans students, bathroom bans, pronoun bans, and more should they be adopted.

Moderate Risk States

• Alaska
• Georgia
• Kansas
• New Hampshire
• North Carolina
• Wyoming

This list of states has grown by one – Wyoming defeated most of its anti-trans laws and moves down into a moderate risk category. The rest of the states on this list represent special circumstances that make them hard to predict. North Carolina’s anti-trans medical care ban did not even get a committee hearing last year and it was the site of the famous bathroom ban, which has made them hesitant to pass further legislation. There are bills that are moving there and the veto override margin is very tight, should the Democratic governor veto them. Georgia is Republican controlled, but candidates have failed heavily on anti-trans stances. New Hampshire has a Republican majority, but one that has been more liberal than other states and has stayed away from passing anti-trans laws. Alaska has been relatively quiet on this front as well.

Kansas has a Democratic governor, but the veto margin is similarly small there. Kansas deserves a special mention though as well as an exclamation point because several anti-trans bills have passed at least one legislative chamber there. This makes the state particularly risky, especially if any of the bills get sent to the governor.

Low Risk States

• Arizona
• Delaware
• Maine
• Maryland
• Michigan
• Minnesota
• Nevada
• New Jersey
• New Mexico
• Pennsylvania
• Rhode Island
• Wisconsin

These states have a low risk of enacting extreme anti-transgender legislation within a single election cycle. Still, these states are unified by a lack of the strongest transgender protections. States like New Jersey, Rhode Island, and Delaware all lack major healthcare protections for transgender people and are not currently considering refugee bills protecting trans people who are fleeing the aforementioned unsafe states.

Some states like Minnesota maintain strong cultural acceptance of transgender people but still lack the legal protections of safe state laws and full medical coverage that the top states have, and a right-leaning election cycle could change the tide. Some states like Arizona and Wisconsin saw positive election results that make them likely low risk as Democratic governors have taken over.

Three states – Minnesota and Maryland – are potentially next in line to move to the “Most Protective States” category if they successfully pass their landmark transgender protection bills. Minnesota currently has a bill that would protect transgender refugees and providers fleeing from other states. Maryland is considering a bill that would give those on Medicaid coverage for FFS, hair removal and more. If these bills pass, they will be elevated into the “most protective states” category. New Mexico is considering a bill that would protect the right to gender affirming care.

Most Protective States

• California
• Colorado
• Connecticut
• Hawaii
• Illinois
• Massachusetts
• New York
• Oregon
• Vermont
• Washington
• Washington, D.C.*

Transgender people in these states are better protected culturally and legally than in other states. States like Hawaii, Colorado, and Washington maintain explicit transgender healthcare policies that cover surgeries that often go without coverage in other states. Washington, D.C., Massachusetts, Connecticut, and California are currently considering policies or have passed policies that protect transgender refugees fleeing from other states.

Other states in this category like Illinois, Oregon, New York, Massachusetts, and Vermont maintain a strong history of transgender protections and show yearly legislation proposals to further protect transgender residents.

******************************************************************************************

Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

Follow her on Twitter (Link)

Website here: https://www.erininthemorning.com/

******************************************************************************************

The preceding article was first published at Erin In The Morning and is republished with permission.

By Alyssa Tirrell & Ari Drennen | WASHINGTON – At the Conservative Political Action Conference, Daily Wire host Michael Knowles stated that “transgenderism must be eradicated from public life entirely.” 

His sentiments were echoed on the CPAC stage by another Daily Wire host, Candace Owens, who claimed that “there is no middle ground on transgenderism,” and applauded on Twitter by Daily Wire host Matt Walsh, who urged for “transgenderism” to be “destroyed completely.” 

While this level of violent rhetoric may have surprised the mainstream media, it’s fully representative of the content available to consumers of Daily Wire podcasts, available through the DailyWire+ app on both Apple and Google, despite terms of service that appear to ban targeted hate against marginalized groups.

The Daily Wire’s bigotry against LGBTQ people ranges from episodes that sport anti-LGBTQ slurs in their titles to editor emeritus Ben Shapiro’s continued attacks on gay marriage. As recently as in late February, several Daily Wire podcast hosts, including Walsh, Knowles, Owens, and Jake Crain, have encouraged violence against trans people, claimed that violence against trans people is inevitable, or urged the eradication of transgender people from public life. 

In September of 2018, Apple removed Infowars, the podcast hosted by conspiracy theorist Alex Jones, from its platform for violating terms of service. The move spurred other tech companies to do the same, and severely limited the reach of Jones’ harmful rhetoric — rhetoric which also cost him a defamation suit and his financial solvency. In spite of this precedent, and repeated violations of Apple and Google terms of service, Daily Wire podcasts remain accessible through the Apple App Store, Apple TV, Google Play, and through Google TV via Chromecast.  

The Matt Walsh Show

Last month, Walsh attacked trans TikTok star Dylan Mulvaney, telling her, “You are weird and artificial, you are manufactured and lifeless, you are unearthly and eerie.” In response to backlash, Walsh doubled down on his extreme anti-trans sentiments, stating that he would “rather be dead” than have a trans child. He added: 

MATT WALSH: When it comes to my children, the children that I cherish more than my own life, if you think mean words go too far, then you would be very shocked to hear how far I would really go to protect them. Trust me, words are the least of it. So, yes, my words reflect anger because I am angry. But the problem is not that I’m angry, the problem is that you aren’t nearly angry enough.

In a similar statement elsewhere, Walsh said that having a transgender child is a “fate worse than death.”

Walsh has blamed trans people for the higher rates of violence perpetrated against them, claiming that they participate in “those high-risk activities more than average,” and has praised anti-LGBTQ legislation that would force LGBTQ people to flee the country. He has also encouraged violence or other aggression against drag performers, saying that progressive attitudes that allow them to perform are “just like cancer,” in that “stopping it is not a gentle or a painless process. The farther along the cancer is, the more aggressive you have to be in fighting it.” He continued: 

MATT WALSH: I don’t want to share a country with you. I don’t want to share a planet with you. That’s how much I despise everything you represent. 

So, with this, this is not compromise. All we can do is crush it. Destroy it. That’s what you do with evil. And that’s what we have to do with this. That should be our objective. Because this is very plainly the mass sexual abuse of kids happening in plain sight.

These statements have spilled out into the real world, as Walsh organizes anti-LGBTQ campaigns and rallies that encourage the violent sentiments of other extremists. In the wake of the mass shooting at Club Q in Colorado Springs, Walsh excused the violence, asking, “if it’s causing this much chaos and violence, why do you insist on continuing to do it?” 

From the November 22, 2022, edition of Daily Wire’s The Matt Walsh Show:

Walsh has also led campaigns against individual trans people that involve harassment, misgendering, and targeted deadnaming, and some of his targets have responded by temporarily withdrawing from public platforms. 

From the March 3, 2023, edition of The Daily Wire’s The Matt Walsh Show:

The Michael Knowles Show

Before appearing on the CPAC stage, Knowles made the claim that “you have to ban transgenderism entirely” on his podcast. In response to concerns that this statement reflected genocidal rhetoric, Knowles replied: 

MICHAEL KNOWLES: I don’t know how you could have a genocide of transgender people because genocide refers to genes, it refers to genetics, it refers to biology. And the whole point of transgenderism is that it has nothing to do with biology. That’s what the transgender activists say. They say, forget about biological sex. My gender expression doesn’t have to have anything to do with my biological sex. OK, well, then there can’t be a genocide. It refers to genetics.

But furthermore, nobody’s calling to exterminate anybody because the other problem with that statement is that transgender people is not a real ontological category. It’s not a legitimate category of being. There are people who think that they’re the wrong sex, but they’re mistaken. They’re laboring under a delusion. And so we need to correct that delusion.

Following the speech at CPAC, the Daily Wire printed the transcript on their website and Knowles released an episode reading his commentary on “transgenderism” word for word again. He continued to promote the idea that the inclusion of transgender people in society is unacceptable, saying that “if you want to deal with the transgender issue, it’s kind of all-or-nothing.” In past episodes, Knowles has also encouraged conversion therapy as a solution for keeping transgender people from appearing in public.

Knowles’ other past statements include claims that gay couples who use egg donors are engaged in slavery and that demons are “always trans.”

Michael Knowles tells CPAC that "there can be no middle way in dealing with transgenderism. … Transgenderism must be eradicated from public life entirely." https://t.co/57hJF4frgq pic.twitter.com/szvnC1qWrP

— Right Wing Watch (@RightWingWatch) March 4, 2023

Candace Owens 

Owens has claimed that “the trans agenda is demonic” and previously spread an anti-trans conspiracy theory about the Uvalde, Texas, shooter: 

“Let’s not talk about any of the symptoms leading up to all of the glaring, obvious signs that this person was, perhaps, mentally unstable because right now, we’re living in a society where we have accepted the narrative that men can become women and women can be men. And what was once acknowledged formerly as a mental illness, gender dysphoria, just a few years ago, was acknowledged officially in the DSM-5 as a mental illness, is now today considered something perfectly normal.” 

She has repeatedly stated that LGBTQ people and allies are pedophiles, even calling for parents of transgender children and parents who allow their children to attend drag queer story hour to have their children taken away. She recently stated that, if she had a trans grandchild, she would beat them with a cane. 

Candace Owens says she would beat her trans grandchild with a cane pic.twitter.com/e049BbfgOy

— Jason Campbell (@JasonSCampbell) February 16, 2023

Crain & Company 

While his podcast is usually dedicated to sports commentary, Jake Crain predicted violence against trans athletes throughout a recent episode. While claiming that he was “advocating for not transgender violence” he nevertheless predicted what was “going to happen” when fathers found out that trans women were in the locker rooms with their cis daughters. While refusing to check the direct encouragements of violence from callers into the show, he cited his own male biology as the source that would eventually drive fathers to protect their cis daughters from trans women, claiming that this was “not a threat” but a “forewarning” and a “foreshadowing.” 

From the February 15, 2023, edition of the Daily Wire’s Crain & Company: 

Terms of service

The Apple App Store and Apple Podcast content guidelines clearly state that objectionable content includes “defamatory, discriminatory, or mean-spirited content, including references or commentary” about sexual orientation and gender, particularly if the app or content “is likely to humiliate, intimidate, or harm a targeted individual or group.” 

Similarly, the Google Play terms of service don’t allow “apps that promote violence, or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, caste, immigration status, or any other characteristic that is associated with systemic discrimination or marginalization.” 

Labeling members of a group “demonic” and accusing them of being “groomers,”  while platforming the idea that any public accommodation of that group would be an intolerable compromise, is a clear promotion of  hatred. That hatred bears terrible consequences: According to one study by the Williams Institute, trans people are four times more likely than cisgender people to be the victims of violent victimization, including rape and assault. By providing a platform for vile anti-LGBTQ rhetoric, Apple and Google are making themselves silent partners in this violent campaign against trans life. 

******************************************************************************************

The preceding article was previously published by Media Matters for America and is republished by permission.

By Erin Reed | WASHINGTON – I have tracked anti-transgender legislation for 3 years @erininthemorn on Twitter and TikTok. Every day, I’ve gotten messages from worried people wondering how they are supposed to assess their risk of staying in their home state.

The messages range from parents of trans youth wondering if their children will be taken from them to trans teachers wondering if their jobs will be safe in coming years. Sometimes people just want to know if there is a safer state they can move to nearby.

I created the legislative risk map specifically to help answer that question. Now more than ever, it is a question that needs answering for so many transgender people facing forced medical detransition, bans on the use of our names, pronouns, and identification documents, and many other curtailments of our rights to exist in public life.

Methodology

The methodology I use is qualitative. I know the partisan breakdowns of the various states. I have watched hundreds of hours of hearings on anti-trans legislation and am fully aware of all of the players nationally as well as where they are making their pushes against trans rights. I have followed the vote count and talk to activists on the ground in each state. I also take into account election results – the last election shifted several states into lower risk due to Democratic victories at the state level. I am looking at how similar states are moving in their legislative cycles. Lastly, I watch for statements by governors and bill drafts to see if the Republican party in various states seems to be pushing anti-trans legislation heavily – you can see many examples of such legislation on this Substack.

Changes Since Last Map

New symbols that were added on the last map, the exclamation point and the green plus sign, indicate that a state has an imminent possibility of moving up or down in a risk category. If your state has a yellow exclamation point, there is a bill that has been engrossed and has passed one legislative chamber that I have identified as extremely dangerous towards transgender people.

States that have been identified as in imminent danger of moving up a risk category remain mostly the same, with a few exceptions. Indiana and Kentucky have been added due to anti-trans bills that are moving quickly in these two states. The states that are indicated as potentially moving down in risk category still include Minnesota and Maryland, both of which are advancing extremely protective bills such as Maryland’s Trans Health Equity Act and Minnesota’s Safe State bill for trans people seeking refuge from unsafe states. New Mexico has been added as well due to a number of protective bills that are moving through there including a right to gender affirming care and a safe state bill.

Sadly, we have seen a new addition to “worst states” in Mississippi. Mississippi was originally ranked medium risk on the very first risk assessment map, but as soon as the governor declared that transgender issues were a top priority, it was raised to high. Mississippi passed an extremely cruel gender affirming care ban for trans youth which would result in their forced medical detransition.

We have also seen a new improvement in risk profile. Wyoming has improved to medium risk for anti-trans legislation. Although a sports ban did make it through the state, the state beat back its anti-trans medical ban as well as its Don’t Say Gay or Trans bill.

The Worst States

• Alabama
• Arkansas
• Florida
• Mississippi
• Oklahoma
• South Dakota
• Tennessee
• Texas
• Utah

These states have passed the worst anti-transgender legislation or enforced existing laws against transgender already. The worst laws appear in these states. Texas is home to the weaponization of DFPS against transgender people and 34 anti-trans bills proposed this cycle. Alabama, Arkansas, Florida, Mississippi, South Dakota, Tennessee, and Utah have all also passed gender affirming care bans for trans youth. Tennessee recently passed a bill banning drag in public that could even target pride. Oklahoma currently has the most anti-trans bills of any state proposed. Florida has banned medicaid coverage for trans adults and has some of the worst anti-trans bills proposed right now – including one that would allow the kidnapping of trans kids. These are the states I get the most questions from people asking where they can flee.

High Risk States

• Idaho
• Indiana
• Iowa
• Kentucky
• Louisiana
• Missouri
• Montana
• Nebraska
• Ohio
• South Carolina
• Virginia
• West Virginia

This list includes states that have seen proposed anti-trans bills last year that nearly passed, states that have already seen proposed bills that may pass this year, or states that otherwise have shown a willingness to target transgender people. Many states on this list are currently proposing bills that will send them into the ranks of the “worst states.” Mississippi, South Dakota, and Utah all moved off this list because of laws passed in those states.

The Rocky Mountain West has seen extreme bills moving through at breakneck speeds. Montana has multiple bills that would make it very hard to exist as a transgender person, such as drag bans, healthcare bans, and bans defining transgender people out of the law entirely. Similar legislation is moving through other states in this region, with Wyoming being a notable exception – Wyoming is no longer in this risk category because it defeated the worst of its anti-trans legislation.

Appalachian and Midwestern states are also seeing movement, with some states at imminent risk of moving up a risk category level. West Virginia, Kentucky, and Indiana all have medical bans and other broad reaching bills moving through the legislature. Kentucky’s HB470, for instance, is one of the harshest bills moving through a state legislature in the entire United States. This bill would ban name changes for trans youth. Other states on this map like Missouri, Nebraska, and Iowa have healthcare bills moving through committee, though they have not passed a full legislative chamber vote as of the time of the making of this map.

Virginia is also at high risk even though it’s anti-trans bills were beaten this cycle. That is because Glen Youngkin is using the powers of the governorship to directly target transgender youth. Recently he released model anti-trans school policies that will result in forced outing of trans students, bathroom bans, pronoun bans, and more should they be adopted.

Moderate Risk States

• Alaska
• Georgia
• Kansas
• New Hampshire
• North Carolina
• Wyoming

This list of states has grown by one – Wyoming defeated most of its anti-trans laws and moves down into a moderate risk category. The rest of the states on this list represent special circumstances that make them hard to predict. North Carolina’s anti-trans medical care ban did not even get a committee hearing last year and it was the site of the famous bathroom ban, which has made them hesitant to pass further legislation. There are bills that are moving there and the veto override margin is very tight, should the Democratic governor veto them. Georgia is Republican controlled, but candidates have failed heavily on anti-trans stances. New Hampshire has a Republican majority, but one that has been more liberal than other states and has stayed away from passing anti-trans laws. Alaska has been relatively quiet on this front as well.

Kansas has a Democratic governor, but the veto margin is similarly small there. Kansas deserves a special mention though as well as an exclamation point because several anti-trans bills have passed at least one legislative chamber there. This makes the state particularly risky, especially if any of the bills get sent to the governor.

Low Risk States

• Arizona
• Delaware
• Maine
• Maryland
• Michigan
• Minnesota
• Nevada
• New Jersey
• New Mexico
• Pennsylvania
• Rhode Island
• Wisconsin

These states have a low risk of enacting extreme anti-transgender legislation within a single election cycle. Still, these states are unified by a lack of the strongest transgender protections. States like New Jersey, Rhode Island, and Delaware all lack major healthcare protections for transgender people and are not currently considering refugee bills protecting trans people who are fleeing the aforementioned unsafe states.

Some states like Minnesota maintain strong cultural acceptance of transgender people but still lack the legal protections of safe state laws and full medical coverage that the top states have, and a right-leaning election cycle could change the tide. Some states like Arizona and Wisconsin saw positive election results that make them likely low risk as Democratic governors have taken over.

Three states – Minnesota and Maryland – are potentially next in line to move to the “Most Protective States” category if they successfully pass their landmark transgender protection bills. Minnesota currently has a bill that would protect transgender refugees and providers fleeing from other states. Maryland is considering a bill that would give those on Medicaid coverage for FFS, hair removal and more. If these bills pass, they will be elevated into the “most protective states” category. New Mexico is considering a bill that would protect the right to gender affirming care.

Most Protective States

• California
• Colorado
• Connecticut
• Hawaii
• Illinois
• Massachusetts
• New York
• Oregon
• Vermont
• Washington
• Washington, D.C.*

Transgender people in these states are better protected culturally and legally than in other states. States like Hawaii, Colorado, and Washington maintain explicit transgender healthcare policies that cover surgeries that often go without coverage in other states. Washington, D.C., Massachusetts, Connecticut, and California are currently considering policies or have passed policies that protect transgender refugees fleeing from other states.

Other states in this category like Illinois, Oregon, New York, Massachusetts, and Vermont maintain a strong history of transgender protections and show yearly legislation proposals to further protect transgender residents.

******************************************************************************************

Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

Follow her on Twitter (Link)

Website here: https://www.erininthemorning.com/

******************************************************************************************

The preceding article was first published at Erin In The Morning and is republished with permission.

By Media Media Matters Staff | WASHINGTON – Daily Wire host Michael Knowles told his audience on his Tuesday show that “there can’t be a genocide” of trans people, reasoning: “Transgenderism, ultimately, is a lie. It’s a deception. It’s a fraud. Fraud is not protected by the First Amendment. Fraud is not a category protected by the principles of free speech. You have no right to fraud.”

From the February 28, 2023, edition of The Daily Wire’s The Michael Knowles Show:

Transcript:

MICHAEL KNOWLES (HOST): This transgender issue, it’s all anybody wants to talk about. In fact, I got in trouble for this issue yesterday. I, your beloved host, whom everybody loves so, I got in trouble for this issue. It was my publicists over at Media Matters, they were working overtime yesterday, publishing multiple articles about the allegedly egregious things I was saying on this show — which I always encourage. I just retweet them when they put those articles out because those articles and videos tend to be the highlights from my show. So I thank them for going through, clipping it out, making it look really nice, and then they put it out into the world.

The big issue that they had yesterday, which was then picked up in other media outlets as well, is that I called to ban transgenderism entirely. I made the point that if you want if women to have their own bathrooms, if you think women ought to be able to have their own locker rooms and not have to look at gigantic gross men while little girls are getting changed, if you want any of those things, you have to ban transgenderism entirely. It’s not enough to say, well, you have to wait until you’re 12 or whatever people are saying now. It has to be the whole thing because if men have the right to behave as women and identify as women for the purposes of public life, then women can’t have their own spaces and we as a society cannot have our own standards and norms and we’re not allowed to live according to reality. We have to live according to the delusions of these troubled people. And I think we, the people, have a right to reality. And I think women have a right to their own spaces. And so, that means you’ve got to ban the thing entirely.

And, oh, my goodness, what these people say. They said that I was calling for the extermination of transgender people. They said I was calling for a genocide against – I said, what? I must have missed that part of my show. When did I -– did I say that? I don’t – one, I don’t know how you could have a genocide of transgender people because genocide refers to genes, it refers to genetics, it refers to biology. And the whole point of transgenderism is that it has nothing to do with biology. That’s what the transgender activists say. They say, forget about biological sex. My gender expression doesn’t have to have anything to do with my biological sex. Okay, well, then there can’t be a genocide. It refers to genetics.

But furthermore, nobody’s calling to exterminate anybody because the other problem with that statement is that transgender people is not a real ontological category. It’s not a legitimate category of being. There are people who think that they’re the wrong sex, but they’re mistaken. They’re laboring under a delusion. And so we need to correct that delusion.

People said, well, what does it mean to ban transgenderism entirely? Well, it means that we return to the way that American society operated until approximately five minutes ago when we said that men do not have a right to present themselves as women in public life, and women don’t have a right to present themselves as men in public life. You have some limits on that. We have all sorts of limits on our speech and behavior. 

…

And transgenderism, ultimately, is a lie. It’s a deception. It’s a fraud. Fraud is not protected by the First Amendment. Fraud is not a category protected by the principles of free speech. You have no right to fraud. So if you’re a man and you dress up like a woman and you rename yourself Sally, you have no right to go to the gym and go into the women’s locker room and say, no, I’m really a woman. That’s a fraud. And you have no right to that.

So, banning transgenderism, what that would mean is telling people who are a little confused that they need to get psychological help, that they probably need to get a little bit of spiritual help and they need to be normal. Be normal. That’s my — I think that’s my main political message these days.

******************************************************************************************

The preceding article was previously published by Media Matters for America and is republished by permission.

Editor’s Note: As of Tuesday, Mississippi became the fifth state in the country and the third state in the past month to ban gender-affirming care for transgender youth

WASHINGTON – Anti-trans bills are proliferating throughout the United States – 367 in total – making it daunting to keep track of them all. Rather than inundate readers with details, this overview will provide a bird’s eye view of the major trends we are seeing.

Seven states have already passed or carried over highly detrimental healthcare bans, but this week marks the first major defeat of such legislation. In several states, drag bans with ambiguous and unconstitutional definitions are also gaining traction, though we’re beginning to see cracks in the Republican Party’s willingness to pass them after some bans failed.

A handful of states are targeting the transgender community in new and cruel ways, but some states are taking protective measures to push back against these bills. Let’s take a closer look at the significant anti-trans bills currently making their way through the United States.

Medical Care Bans

Gender affirming care bans mostly target transgender youth with a forced withdrawal of their medication. Because many of these youth have been transitioned for a long time, this amounts to forced medical detransition – an extremely cruel fate for transgender people. We entered into 2023 with two states having such a ban: Alabama and Arkansas. Both of these states continue to have their bans temporarily blocked in court. Late in 2022, Florida’s Board of Medicine convened by Ron DeSantis and packed with anti-trans doctors created their own “standards of care” that banned gender affirming care for transgender youth. Utah, South Dakota, Mississippi, and Tennessee all proceeded to pass their own bans this year, with organizations vowing to challenge the bills in court. Some of these bans even go as far as to spell out exactly how doctors must medically detransition their trans teens.

Bans are imminent or quickly moving through state legislatures in several other states. Some of the most significant fights currently are happening in Idaho, Indiana, Kansas, Kentucky, Missouri, Nebraska, North Dakota, Oklahoma, and West Virginia. Each of these states has seen significant progress in their bills, and activists are working tirelessly to push back against them. Nebraska senators have already announced a filibuster to block the state’s anti-trans bill after extremely emotional hearings. Missouri’s bill was recently pushed through committee after a clearly politically motivated “whistleblower” attacked a local gender affirming care center – this bill was also amended to target transgender adults in prison as well as to remove exceptions for medical threats to the life of the child. Oklahoma, Nebraska, and Indiana all saw heavy protests and rallies – as did a number of other states with such bills moving.

This week we also saw our first major victory on medical bans. In Wyoming, activists managed to push back and defeat both a medical ban and a “Don’t Say Gay Or Trans” bill. One Wyoming activist drove ahead of a snowstorm to deliver 200 postcards from LGBTQ+ people and allies to the committee. Speaker Sommers relayed why he allowed the bills to die: “these are not Wyoming solutions for Wyoming problems.”

Drag Bans See Mixed Results

Drag bans target drag artists as well as transgender people who are performing in public. Many of these bans fail to differentiate between transgender individuals and drag performers, using phrases such as “male and female impersonator” or “dressing in a manner not in accordance with your assigned sex at birth” that are unconstitutionally vague and infringe on First Amendment rights. In addition, these bans often focus on performances that include elements such as dancing, singing, or monologuing. Such bans usually specify that it applies to any drag in public that “appeals to the prurient interest,” which is a subjective term that could refer to anything that incites lustful thoughts. Some police officers may view drag or transgender people as inherently sexualized, enabling them to deem a performance as “prurient,” as evidenced by several testimonies. These bans may also ban pride and ban gay clubs from hosting drag events. While various states have introduced drag bans, only a few have seen significant legislative progress. Tennessee has passed a drag ban, while Arkansas and South Dakota removed all references to drag from their proposed bills, defanging them.

Oklahoma, Montana, and Arizona have drag bills progressing through their state legislatures that have already passed at least one committee vote. Due to Arizona’s governor, it is unlikely that any drag bill would be signed into law. Oklahoma recently passed an extremely broad drag ban that would ban “any male or female performer” with “extravagant costumes and makeup” through a committee – essentially banning clowns, Dolly Parton, and professional wrestling. Montana’s drag ban recently passed a full house floor vote and could be used to ban Pride or target transgender people. Transgender representative Zooey Zephyr recently went viral speaking on this bill before it passed a House floor vote in Montana. Several other states are considering drag bills but have not heard them in committees yet.

See Rep. Zephyr’s speech:

Must watch.

Trans Rep Zooey Zephyr just gave one of the fiercest speeches on the Montana House floor against a bill that bans drag and could target Pride.

They interrupted her several times to stop her when she spoke about how it affected the trans community.

She persisted. pic.twitter.com/h9zIwBmkyc

— Erin Reed (@ErinInTheMorn) February 24, 2023

Must watch.

Trans Rep Zooey Zephyr just gave one of the fiercest speeches on the Montana House floor against a bill that bans drag and could target Pride.

They interrupted her several times to stop her when she spoke about how it affected the trans community.

She persisted. pic.twitter.com/h9zIwBmkyc

— Erin Reed (@ErinInTheMorn) February 24, 2023

Disclosure: Representative Zephyr is my partner and I am active in pushing back against Montana’s anti-trans laws.

States Fielding Cruel New Bills

Several states are fielding cruel new anti-trans bills that target transgender people in new ways. These bills represent possible future avenues for attack that we may see later in the 2023 legislative cycle as well as in the 2024 cycle, which I expect to be especially harsh due to 2024 being a presidential election year. Kentucky, Florida, Tennessee, Montana, and Texas have all been fielding particularly bad anti-trans measures with new harmful ways that they target transgender people.

Kentucky has proposed a bill that combines every anti-trans youth bill into one and also effectively bans social transition as well as mental health care for transgender people. This particular bill would force every therapist in Kentucky to become a conversion therapist. Florida has targeted companies for providing gender affirming care insurance coverage for adults with a bill that mandates perpetual liability and also has released a bill that would allow people to sue you for $35,000 if you call them transphobic. Tennessee is considering a bill that may have national insurance implications by banning companies that offer gender affirming care insurance nationally from TennCare. Montana is currently considering a bill that would lead to a complete writing out of transgender people from all laws that would also ban drivers license updates and even amends a vestigial gay marriage ban in case the Obergefell decision ever falls. Lastly, a Texas bill could end all gender affirming care for trans adults by removing malpractice insurance from doctors.

Some States Pushing Positive Legislation

We have seen a number of states pushing positive, pro-transgender legislation in the last few weeks. The Maryland Trans Health Equity Act recently had a hearing – this bill would mandate Medicaid to cover modern gender affirming care such as hair removal and facial feminization surgery. Oregon has released a similar bill that would also apply to private insurance companies – should this bill pass, Oregon will join Washington, Hawaii, and Colorado in fully covering gender affirming care. Minnesota’s House Committee recently approved a transgender refugee protection bill for trans youth and their families fleeing anti-trans states that criminalize their care – it also protects transgender youth from custody disputes where one parent wants to detransition them. New Mexico has likewise recently passed a provider protection bill out of committee. Utah and Minnesota appear poised to pass conversion therapy bans and Michigan may pass a statewide version of the Equality Act, protecting transgender people and all LGBTQ+ people.

Final Thoughts

Many bills are currently moving around the United States, but we have seen our first cracks in the Republican armor this cycle. The victory in Wyoming was truly impressive, and seeing drag bills fall in a number of states can give some people cause for hope. Nevertheless, anti-trans bills are moving with force in many red states and I am anticipating a minimum of 10 states to have gender affirming care bans in place by the end of this year.

Soon, I anticipate the narrative around anti-trans laws to begin to shift. Court battles will begin and I anticipate many of these laws will start to get blocked in court. Once they do, there will be lengthy court fights and families may be protected from the impact of some of these laws for quite some time – Arkansas’ court battle has been ongoing for nearly two years, for instance. This will not prevent many transgender youth from being hurt in the meantime.

It remains to be seen how bills targeting drag and Pride get weaponized against the community. Activists have spoken out about how broad these bills are and how they can be used to target our community. Some lawmakers have indicated that they are OK with this, while others have pretended that the bills would not affect the community at all. I think most transgender people and drag artists do not trust that these bills will not be used to target transgender people and drag artists in many public settings.

One thing I am extremely heartened by are the large protests that seem to be happening as these bills continue to be heard around the United States. To leave my readers on a good note, watch a few of these wonderful gatherings of people opposing anti-trans laws and groups targeting transgender people. We’ll keep fighting together until all transgender people have full liberation:

Hundreds of supporters gathered in the Nebraska State Capitol building earlier this afternoon to oppose LB574 and rally around trans youth. 🏳️‍⚧️📣 pic.twitter.com/pDokv9aT6L

— OutNebraska (@OutNebraska) February 8, 2023

The message from Hoosiers is loud and clear:

Trans youth are LOVED. 🏳️‍⚧️

Trans youth BELONG. 🏳️‍⚧️

Trans youth are NOT ALONE in this fight. 🏳️‍⚧️ pic.twitter.com/Z8ggwrnEBR

— ACLU of Indiana (@ACLUIndiana) February 22, 2023

Yesterday in Oklahoma, supporters of trans rights came out in and occupied the Capitol Building.

This is what we need everywhere.

Oklahoma is pushing some of the worst bills that would force many trans people to medically detransition.

I’m so damn proud of the activists here. pic.twitter.com/5kR3SR6COJ

— Erin Reed (@ErinInTheMorn) February 7, 2023

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

Follow her on Twitter (Link)

Website here: https://www.erininthemorning.com/

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The preceding article was first published at Erin In The Morning and is republished with permission.

By  Ruby Seavey & Jack Winstanley | WASHINGTON – After lawyers for the suspected Club Q shooter said last November that their client identifies as nonbinary, right-wing media emphatically claimed that the massacre could not be a hate crime because of the shooter’s gender identity. But new evidence reveals the shooter has a history of pushing anti-LGBTQ rhetoric and was entrenched in far-right, neo-Nazi online communities — and a judge this week concluded there is enough evidence to proceed with hate crime charges.

On November 19, 2022, a person opened fire inside Club Q, a nightclub in Colorado Springs, Colorado, that primarily catered to the area’s LGBTQ community. Five people were killed with another 26 wounded before the shooter could be subdued by patrons and taken into custody.

Despite little information being publicly known about the alleged shooter or their motivations in the aftermath of the massacre, right-wing media personalities were quick to deny that the mass shooting at an LGBTQ club could possibly be driven by hate. In fact, much of the initial coverage from both broadcast media and mainstream print and online outlets failed to properly connect the shooting to ongoing conservative and far-right campaigns of hateful anti-LGBTQ rhetoric.

In a court filing on November 22, 2022, the suspected shooter’s attorneys said their client is nonbinary and uses they/them pronouns. Conservative outlets quickly seized on these details to further downplay and dismiss the idea that the Club Q shooting was motivated by bigotry.

But as more information has emerged, it is becoming clear that right-wing media capitalized on incomplete information to continue pushing their anti-LGBTQ agenda even after the shooting. In December 2022, NBC News reported that the FBI was investigating two websites connected to the suspect, one of which was described as a “free speech” forum that hosted racist and antisemitic content. NBC News and The Daily Beast also spoke to the alleged shooter’s former neighbor and friend who said they often made racist and homophobic statements.

Details in those reports were seemingly confirmed this week during a preliminary hearing to decide whether to try the alleged shooter for hate crimes. A police detective testified that the suspect ran a neo-Nazi website and frequently used racist and anti-LGBTQ slurs — they even sent a photo of a gay pride parade shown through a rifle scope to a friend over Discord. Following this hearing, the judge ruled that there is enough evidence to proceed with the hate crime charges. As MSNBC’s Alex Wagner noted on February 23: “The fact of the matter is sometimes hate speech does inspire hate crimes.”

From the February 23, 2023, edition of MSNBC’s Alex Wagner Tonight:

Here’s a look at how right-wing media used the suspect’s gender identity in the wake of their arrest to argue that the Club Q shooting could not possibly be a hate crime.

• While discussing the shooter’s nonbinary identity on November 23, 2022, The Federalist criticized the “left-wing media establishment” for connecting the Club Q shooting to violent anti-LGBTQ rhetoric from the right, adding that those outlets need “to have an actual ‘come to Jesus moment’ over their hysterical coverage that immediately fomented outrage, fear, and division by blaming their political opponents. Now that we actually have a few facts, their narrative appears to be falling apart.”
• Discussing the shooter’s gender identity and pronouns during the November 28, 2022, edition of One America News Network’s Allison at Large, host Allison Steinberg said “the mainstream media continues to blame conservatives for trans hate and violence when the corporate media is twisting our words to their followers and the real hate and intolerance is being directed at conservatives, conspiracy theorists, and Trumpsters.” Steinberg later insinuated that LGBTQ individuals are engaged in “covert and overt attacks on the innocence of America’s children,” calling them “literal demons.” 
• On the November 23, 2022, edition of OAN’s Real America, host Dan Ball scoffed at claims that anti-LGBTQ hatred could have influenced the shooter, instead deflecting responsibility to blame the victims: “Really, us telling you that ‘stop grooming our kids for the transgender agenda’ … and you can’t figure out why a crazy guy like this guy went into a bar — who thinks he’s, I don’t know, nonbinary — and shot up some of his own people, but it’s our fault?” He later said, “You know what the Democrats are going to do with this one: It’s blame, blame, blame. Blame Trump. Blame Trump supporters. Blame America first. It’s what they do.” 
• In a November 23, 2022, article, National Review denied the possibility of violent rhetoric having any role in the attack, stating that “left-wing activists and their allies in the press have been blaming the shooting on conservatives” even though “the shooter’s attorneys also describe him as ‘non-binary’ and preferring ‘they/them pronouns.’” Repeating more baseless anti-LGBTQ talking points, the piece continued, “It is grotesque to lay the blame for this shooting at the feet of the millions of Americans who have legitimate questions about children being exposed to drag shows or undergoing irreversible sex-change surgeries.”
• On the November 23, 2022, edition of War Room, far-right host Steve Bannon attacked mainstream media for blaming the “hard right,” “MAGA hate,” and “extremism” for the shooting. Conspiracy theorist Jack Posobiec claimed the media changed the narrative about the shooter’s motivations once the suspect publicly declared they identify as nonbinary, and said, “We’re going to call it what it is. It is MAGA blood libel,” referring to an age-old antisemitic smear. Posobiec then went on a bigoted, anti-LGBTQ rant, saying, “It turns out it wasn’t Trump supporters. It was actually a nonbinary gunman — oh wait, we can’t say gunman any more.”  

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The preceding article was previously published by Media Matters for America and is republished by permission.