If legislation is on anyone’s mind right now, it’s likely focused on the coronavirus pandemic. As countless people lose their jobs, the general public is hoping for economic relief, especially for small business owners, restaurant employees, and people who rely on the gig economy to survive. Some people are hoping for a variation of Universal Basic Income (UBI), while others advocate suspending rent and student loan payments.
In the state of Idaho, however, some Republican legislators are working hard to discreetly push anti-transgender bills. Two bills are at play in the state, both decidedly anti-trans, but technically different. Let’s break them down below.
One measure, HB 500, which aims to ban transgender girls and women from playing in women’s sports, passed the Idaho state Senate on Monday, as reported by Vox. The next step? Several procedural moves, then Republican Gov. Brad Little’s desk. Notably, this sort of law is likely unconstitutional (as well as dangerously unethical), but Republicans don't seem worried about wasting time and money to fight it out in court. Oh—and perpetuating dangerous anti-trans ideas while they’re at it.
The bill applies to girls’ and women’s teams at public colleges and schools, and it’s dangerously broad. If a girl’s gender identity was disputed, she would have to come up with a note from a physician confirming that her sex is defined either by genetic testing or anatomy, either of which is obviously invasive, as well as expensive and hard to access. This legislation also applies to intersex girls and women.
Even if all of that wasn’t a stressful barrier, just the question in itself is offensive and othering. In a world where transgender women are especially susceptible to gender-based violence, making it legal for people to ask for “proof” of one’s sex is chilling. Trans youth are disproportionately likely to be bullied and harassed at school, making it an especially cruel measure.
The other anti-trans bill passed the state Senate on Tuesday and is now barreling toward the governor’s desk. This bill would ban people from being able to change the sex listed on their birth certificate after one year from birth, as reported by NBC News. This bill is likely unconstitutional, too, making this an expensive and time-consuming battle, not to mention a clearly hateful one. Still, House Bill 509 quietly passed the state House late last month, and here we are.
As Daily Kos has covered, anti-trans measures against student-athletes have been somewhat of a trend lately. One group of high school girls sued to stop transgender athletes from competing in girls' sports, for example, while a bill in Tennessee seeks to block transgender students from playing on teams that match their gender identity. Disturbingly, bills along the same lines have cropped up in Missouri, Georgia, New Hampshire, and Washington state. Anti-trans bills that limit both patients and physicians are popping up, too.
These anti-trans measures are becoming a dangerous norm. You might remember when the Trump administration considered having people’s sex and gender defined based on the genitalia at birth—and making that categorization unchangeable. Along with being hateful, a lot of biology and science is lost when people base arguments around genitalia or genetics.
What does all of this come down to? Trying to erase trans people. What can we do? Outside of contacting state representatives, protesting, and generally raising awareness, supporting the trans people in your life and in your local trans community are great places to start. Trans people face higher rates of discrimination and violence (especially if those trans people are also people of color) and while the trans community absolutely needs more legal protections, the impact of micro-level support and care can’t be overstated, either.