feature image photo by PS Photography via Getty Images
As has been the case for the Trump administration before their second term began, we’ve once again entered a moment where they need to use trans people as a distraction from their own terrors and indiscretions. After a few weeks of almost no new anti-trans movement on the part of the administration, the last two have exploded with new attacks and new right-wing fictions about who we are and what we want. People are still fighting back in the ways they can, but there are some shifts happening that are going to be a lot tougher to fight. Let’s get into it.
Just two short weeks after another injunction was placed on the Trump administration’s order to prevent trans people from changing the gender markers on their passports, the Supreme Court sided with the Trump administration to overturn the injunctions.
As of now, the Trump administration technically has the “right” to prevent passport applicants from choosing any gender marker from their passports that doesn’t align with the sex they were assigned at birth. In an atrocious display of misreading the Constitution they swore to uphold, the justices who voted to uphold the ban wrote: “Displaying passport holders’ sex at birth no more offends equal protection principles than displaying their country of birth — in both cases, the Government is merely attesting to a historical fact without subjecting anyone to differential treatment.”
This move doesn’t come as a complete surprise given the far-right majority on the Court and their recent history of upholding many of the nefarious orders handed down by the administration.
Regardless, the Court’s decision has left some questions unanswered for trans people who are currently or about to apply for U.S. passports and trans people who currently have U.S. passports. In the case of a new application, trans people cannot choose a gender marker other than the one that matches the sex they were assigned at birth. So far, there is no definitive answer on whether or not this means trans people with updated birth certificates are impacted by this but experts are warning that the State Department will likely require them to file with their original birth certificate, not the updated one.
For trans people who currently hold unexpired U.S. passports, the State Department has updated their policy to say they can continue to use them until it’s time for them to be renewed. When those passports need to be renewed, however, the State Department now has the authority to revert the gender markers back to the one on renewal applicants’ original birth certificates. In an explainer for Them, Jon W. Davidson, a senior counsel for the American Civil Liberties Union, warned that “People who have a valid passport should not seek to renew it or to change the name on it unless they are willing to be given a passport with a sex marker reflecting their sex assigned at birth.”
The Court’s decision obviously puts all trans U.S. passport holders and those seeking U.S. passports in an incredibly precarious position. There is no way to know exactly how trans people with gender markers that don’t match their physical appearance will be treated at international customs and borders, but the potential legal issues and the potential for violence against people in this situation cannot be overstated. Since a U.S. passport is a legal document, the repercussions for trans people traveling to other countries — particularly countries that are as or more hostile towards trans people as the U.S. is — could result in being barred from entering the country or, worse, be grounds for detention if accusations of identity fraud are pursued. Right now, this is just speculation, but the uncertainty represents a litany of new concerns for trans people traveling outside of the U.S.
As Erin Reed writes, “…the bureaucratic whiplash is unlikely to abate as the administration continues to explore ways to harm the community,” and we should all be paying close attention to how these policy decisions continue to develop.
Some Good Trans News For Once
Parents demanded that a trans child be banned from sports. The town rejected their request. The good people of Maine have been out here fighting against anti-trans policies since the very beginning, and this story is another testament to their continued resistance.
Maine sues 5 school districts for refusing to comply with trans-inclusive policies. Speaking of Maine, the state is now suing school districts for their anti-trans policies. They’re in this shit, for real. Let’s go, Maine! Pour one out for these elected officials who actually take their jobs as public servants seriously.
“A stunning rebuke of anti-trans politics”—Dems win elections nationwide despite anti-trans ads. This is somewhat old news at this point and does go against my personal policy of giving much credence to electoral politics. However, it is important to highlight the fact that many pro-trans candidates across the country and one trans candidate in Downingtown, Pennsylvania won big in their electoral races earlier this month despite all of the anti-trans action we’ve seen over the last year.
House Dems unite to tell GOP to stop “demonizing” trans people with “dehumanizing” slurs. Again, I’m not trying to hand it to elected officials, but this action does seem like a step in a new and better direction for House Democrats overall. This week, 213 House Democrats signed a letter to Speaker Mike Johnson demanding him to stop allowing his fellow Republicans to publicly demonize trans people. As LGBTQNation reports, “The call to action follows 130 Democrats in Congress filing an amicus brief to the Supreme Court on Monday in two cases considering bans on trans student-athletes.” The vibe appears to be shifting dramatically.
Groundbreaking study could revolutionise HRT for trans women. Just as they’re trying to prevent us from getting the gender affirming care we so rightly deserve, scientists are discovering new ways of making hormone replacement therapy more effective and more accessible.
These cities are stepping up to provide sanctuary to trans people. This is a great example of how communities can help move and shape policies in their cities. I hope to see more of it.
Trans news from across the pond:
More than 7,000 people in the UK write to MPs to voice fears about trans toilet ban. In response to a possible move by the UK government that would ban trans people from all public restrooms, people are banding together to demand the government cease drafting and pursuing this extremely dangerous policy.
60,000 cisgender women write powerful open letter in support of trans community: ‘We have had enough’. In addition to the action above, a letter written by Not in Our Name, a collective of cis women fighting for trans rights, in collaboration with the Good Law Project has been published “calling out the [UK] media and politicians [in the UK] for disseminating anti-trans rhetoric.”
Trans News I Wish I Didn’t Have to Report
Trump administration ‘inadvertently’ deported transgender woman to Mexico despite judge’s concern she may face torture there. The Trump administration’s terroristic use of Immigrations and Customs Enforcement continues to get worse every single day.
Olympics organisers moving towards blanket ban on transgender women from women’s sport. A decision has not yet been made yet about whether or not this will happen, but a disturbing, disinformation report from a medical chief in the International Olympics Committee appears to be gaining influence in how this decision will play out.
Trump just nominated an anti-trans lawyer to become a federal judge. This move is unsurprising, but Trump’s nomination of Indiana attorney Justin Olson to the Indiana Southern District Court will definitely aid in continued attacks on collegiate trans athletes across the country.
RFK, Jr., releases report attacking medical care for trans children. Although a report by the Department of Health and Human Services (HHS) on gender-affirming released earlier this year was widely criticized by the medical and scientific communities for how incorrect the HHS’s “findings” were, the Secretary appears to be doubling down on their disputed research in a new report released this week. RFK, Jr. has been on my enemies list for a long time now, and he’s climbing the ranks to the top.
U.S. bishops officially ban gender-affirming care at Catholic hospitals. I didn’t expect these people to stand up and do the right thing, but it is somewhat surprising they made the decision to cease gender-affirming care at this very moment. Luckily, religious organizations from around the country (and the people who run them) are attempting to challenge this decision.
Conversion therapy is quietly rebranding — and targeting trans youths. Don’t have much to say about this except that it’s wildly disturbing. And I know many people are averse to violence, but I’m not sure how we fight back against these kinds of initiatives without it.
International Trans News:
NZ right-wing government bans puberty blockers: “Sacrificing a generation of trans youth”. Far-right trans-panic has officially hit the Southern Hemisphere in a big way. What a bunch of losers.
USAID cuts shutter India’s first clinic for transgender people. While this is wholly unsurprising considering all of the attacks happening in the U.S., it is still absolutely heartbreaking. The Mitr Clinic has only been opened since 2021, meaning their work was just truly beginning.
Last Bits of Trans News
Human Rights Campaign cuts ties to weapons manufacturers after 2-year activist campaign. Not exactly trans-specific news, but worth celebrating regardless. This is the result of a two-year campaign by a coalition of organizations — ACT UP New York, Writers Against the War on Gaza, Gender Liberation, Adalah Justice Project, and many others — demanding that the HRC divest from corporations aiding the genocide in Gaza. And the campaign finally worked.
“He’s a revolutionary”: These famous parents of trans kids embody unconditional love. This is a really touching round-up of short profiles of celebrities with trans kids who continue to show up for their children and stand up for them in the public eye. Major publications should be running these kinds of stories on everyone — not just the famous people we know — who does this as often as they can.
Trailblazing trans actress Candis Cayne warns: ‘Studios aren’t writing new trans characters’. I wasn’t sure what category to put this in, so I’m putting it here. It’s of the utmost importance that we pay attention to how our media culture is shifting as a result of the ongoing attacks on trans people. This story is a good start.
‘For the Dolls’ whisky fights transphobia with support for trans charity. I’ll admit it: I want to drink the transgender scotch. OK, all jokes aside, whatever people can do to raise money for trans people in our current moment is as valuable as the money itself. I hope they sell a ton of this stuff.
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Thank you Stef, yet again for another update on the misery that is the present-day USA <3 :(