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In Kansas, the ACLU Is Challenging Anti-Trans Laws in Court, and by Building Community

pIn 2023, Kansas enacted a law attempting to define “transgender” out of existence by restricting the definition of a “woman” to the biological function of producing ova. Not only does this definition negate the experiences of trans women and girls, but it also excludes entire categories of women who are not transgender, such as post-menopausal women, women experiencing reproductive challenges, and intersex women./p pDespite being passed under the dubious title “Women’s Bill of Rights,” this law has not been used to create any new protections for women, nor improve support for women’s initiatives or resources. Instead, the law has been used to incite fear among transgender Kansans and limit their ability to live freely in our state./p div class=mp-md wp-link div class=wp-link__img-wrapper a href=https://www.aclu.org/cases/kansas-v-harper target=_blank tabindex=-1 img width=700 height=350 src=https://www.aclu.org/wp-content/uploads/2022/02/lgbtq-issue-image.jpg class=attachment-4x3_full size-4x3_full alt=LGBTQ issue image decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2022/02/lgbtq-issue-image.jpg 700w, https://www.aclu.org/wp-content/uploads/2022/02/lgbtq-issue-image-400x200.jpg 400w, https://www.aclu.org/wp-content/uploads/2022/02/lgbtq-issue-image-600x300.jpg 600w sizes=(max-width: 700px) 100vw, 700px / /a /div div class=wp-link__title a href=https://www.aclu.org/cases/kansas-v-harper target=_blank Kansas v. Harper /a /div div class=wp-link__description a href=https://www.aclu.org/cases/kansas-v-harper target=_blank tabindex=-1 p class=is-size-7-mobile is-size-6-tabletFive transgender Kansans are challenging an effort by Kansas Attorney General Kobach to require the state to issue driver’s licenses with a.../p /a /div div class=wp-link__source p-4 px-6-tablet a href=https://www.aclu.org/cases/kansas-v-harper target=_blank tabindex=-1 p class=is-size-7Source: American Civil Liberties Union/p /a /div /div pKansas Attorney General Kris Kobach has claimed the new law restricts trans Kansans from updating the gender marker on their state IDs. For years, Kansas had allowed transgender residents and those born here to change the gender marker on their driver’s licenses and birth certificates. Despite having these affirming policies without any identified administrative, public safety, or other concerns, the attorney general took to the courts to pressure state agencies into removing these policies./p pIn response, the Kansas Department of Health and Environment announced a policy change banning trans Kansans from updating the gender marker on their birth certificates. The Kansas Department of Revenue, which issues driver’s licenses, declined to change its policy — prompting Kobach to sue KDOR to force a policy change in ia href=https://www.aclu.org/cases/kansas-v-harperKansas v. Harper/a./i/p pThe a href=https://www.aclukansas.org/enACLU of Kansas/a, along with ACLU’s LGBTQ amp; HIV Project and local partners, intervened in that lawsuit on behalf of five transgender Kansans to assert their right to a driver’s license that does not forcibly out them. Unfortunately, three days after the suit was filed and prior to our intervention, the judge issued a temporary order blocking trans Kansans from changing their license’s gender marker. The order, which remains in force, also requires a previously changed gender marker to revert back to the inaccurate marker when the license expires or is amended in the future./p pThis means trans people are not currently able to access accurate and affirming state identity documents in Kansas. Having an ID that reflects a trans person’s lived identity is crucial to their safety, privacy, and bodily autonomy. The research shows that lack of access to an affirming ID harms trans people, making them vulnerable to forced outing and increasing their chances of experiencing discrimination, harassment, and violence./p pThe ACLU of Kansas is going to keep fighting in iKansas v. Harper /ias long as necessary. But we also understand that trans people cannot wait months (or years) for a ruling from the courts affirming their basic constitutional rights. They must use their IDs in daily life for countless reasons, from picking up mail to purchasing items at the store. That’s why we began to partner with local LGBTQ advocates to uplift an alternative option for trans Kansans — gender-affirming ifederal/i IDs, like passport cards and passport booklets./p pTrans people can self-attest their gender when applying for a federal ID, meaning they do not need a state ID that verifies their selected gender. For trans Kansans, this means they can still obtain a federal ID that reflects the gender they live as. The ACLU of Kansas and our community partners are thrilled that despite legislative and political attacks on trans Kansans, we are still able to support our community and reduce the harm flowing from anti-trans policies in our state./p pThe ACLU of Kansas has hosted numerous Know Your Rights events and Federal ID Clinics to provide resources and reassurance to trans Kansans. People who come to these events have been relieved and overwhelmed by the community support they experience. In the face of discriminatory laws trying to erase their existence, trans Kansans are coming together to share information and support each other. The power of community persists./p pIn the wake of nationwide anti-trans legislation and rhetoric over the past few years, events where trans Kansans can come together are even more important. In a rural state like Kansas where people can feel isolated, these events are not only an opportunity for people to access the assistance they need, but they also allow folks to connect and share in their pain and in their joy. One mother I met at a virtual event was ecstatic to know she could get her child a gender-affirming federal ID before they started college. She feared that her child would not be able to enroll for college with the correct name and gender marker because of the new anti-trans law./p pDespite efforts by anti-trans extremists to try to deny our humanity, to isolate us, trans Kansans are not going anywhere. Thousands of trans people call Kansas home, and we will remain. We will continue to define our own lives, support each other, and build power. These laws may have produced a wide unknown but the power of our community is deeply rooted./p

State Legislative Sessions: How They Impact Your Rights

State legislation is crucially connected to our civil liberties, and can either expand our rights or chip away at them. These bills touch nearly every aspect of our lives. From Roe v. Wade and the Dobbs case that overturned the right to an abortion, to Loving v. Virginia, which struck down laws banning interracial marriage, and Obergefell v. Hodges, which recognized marriage equality across the country — many Supreme Court cases that address all of our civil rights come from laws that were passed in state legislatures.

With an increasingly conservative Supreme Court and federal court system, as well as a Congress whose members are constantly in gridlock, state legislatures offer a more accessible way to enact meaningful change. State lawmakers are easier to contact regarding policies that should be passed, and also frequently go on to run for federal office, or become governors. What’s more, state actions can lead to national impact if many similar policies are passed around the country, signaling national trends.

With many state legislative sessions currently underway, learn more about this important political process, how it affects your rights, and how to get involved.


What Are State Legislative Sessions?

Each state has its own legislative body in which lawmakers work together to pass policies — just like Congress does at the federal level. Every state except for Nebraska has a legislature composed of two chambers, or a ​​bicameral legislature — which must work together to get a majority of favorable votes and pass bills in both chambers. While the exact names and powers of these entities depend on the specific states, once a bill is passed, it will be sent to the governor to be signed into law or may face a veto.

Most state legislatures are made up of lawmakers who meet to pass laws during legislative sessions each year. If circumstances arise that require lawmakers to address legislation outside of these regular sessions, a special session can be called. There are also several states with full-time legislatures whose lawmakers meet year-round. Lawmakers often engage in this work part time, and are often not adequately paid.


When Are State Legislative Sessions Held?

The length and timing of state legislative sessions differ from state to state. Some legislatures are in session for many months, while others only take a few. The sessions that aren’t full time usually take place in the first half of the year, traditionally beginning in January.


How Do They Impact Our Rights?

The laws that are passed during state legislative sessions run the gamut and can affect a number of constituents’ rights, including reproductive freedom, voting protections, access to gender-affirming care, and others. But this influence goes both ways. Presumably, the prospective laws should reflect the majority opinions of individuals in the state, with lawmakers acting as advocates for these interests. Many bills and policies that make it to state legislatures are promoted by advocacy organizations or interest groups who work with lawmakers to get them passed. The ACLU is among these entities, and is the only organization focusing on civil rights and civil liberties that has an office with staff in every state, working with local policymakers.


What To Watch As Sessions Are Underway

There are many decisions happening in states around the country that put our rights in the balance. Without the federal protections from Roe v. Wade, many lawmakers are attacking abortion rights at the state level. There has also been a surge of state laws introduced that block trans youth from receiving gender-affirming care, censor student free speech, and suppress people’s voting powers.

But the ACLU will never stop fighting for your rights. We have taken on countless state-level legal battles to protect people’s liberties — and have seen many victories along the way.


How Do I Engage/Get Involved in the Process?

The ACLU always encourages our community to play a hands-on role in the fight for our freedoms. Across the country, we implement strategies that empower voters around the country to stay informed about local races and elect candidates whose interests align with theirs. We’re also mapping state-level attacks on LGBTQ rights so you can keep track of your own area’s legislation — and fight back accordingly.

Supporters can get in touch with the ACLU affiliate offices in their state to learn about local issues they are taking action on. Many affiliate websites offer primers on state legislatures. Our grassroots effort People Power also allows volunteers to engage with state-level actions in their area.

To learn about your state’s legislature, identify the lawmakers who represent you and what their stances are on the issues you care about most. State lawmakers and governors will usually highlight the issues they care about, and the legislative work they’ve done, wherever they are able. With most state legislative sessions underway right now, you can also keep track of policies that are being voted on. This will let you know your legislature’s priorities and if your lawmakers are fulfilling their campaign promises to constituents. Remember, the key players involved in the legislative process are voted into office by you. You have the power in numbers to elect or replace representatives based on whether they are advocating for your interests.

A Teenager’s Fight Against Idaho’s Harmful Ban on Gender-Affirming Health Care

By: Anonymous
29 February 2024 at 15:53
piTwo transgender adolescents and their families are challenging Idaho#8217;s 2023 law, HB 71, which criminalizes gender-affirming medical care for trans youth. Signed by Governor Brad Little, HB 71 prohibits widely accepted treatments for gender dysphoria, despite their endorsement by leading medical organizations like the American Medical Association. In a lawsuit filed by the ACLU and legal firms, plaintiffs argue that the law violates constitutional rights. The law bans puberty blockers, hormone therapy, and certain surgeries for transgender youth, threatening medical providers with felony charges and up to 10 years in prison. /i/p pi /iiIn February 2024, Idaho filed an application to the Supreme Court of the United States for a partial stay against an injunction currently blocking enforcement of HB 71. Jane Doe, a 17-year-old transgender girl living in Idaho and plaintiff in the case alongside her parents, shares her story. /i/p div class=wp-heading mb-8 h2 id= class=wp-heading-h2 with-standardAll I Want is to Just Be a Teen /h2 /div pDespite everything, I know I’m lucky. Despite having to watch as politicians in my home state of Idaho and across the country spread lies targeted at transgender youth like me, I know I’m blessed with a family that loves me, friends that support me, and a school that protects my right to be treated like every other student. Despite my governor signing a law threatening to put my doctors in prison just for providing me with medical care I need, I know I’m lucky to have those doctors who, with the support of my parents, have helped me get the hormone therapy I need to address my gender dysphoria, which had been making my life unbearable. And despite needing to join a federal lawsuit against that law that threatens to uproot my entire life and family, I know my parents and my siblings would do anything to protect me no matter what./p pAs a 17-year-old girl, I haven’t even graduated high school. I should be planning for college, hanging out with my friends, and playing video games with my brother. Instead, politicians in my state have forced me to go to court to stop them from denying me the medical care my doctors, my parents, and I all know has saved my life. Now, that fight is at the Supreme Court where the Idaho Attorney General has asked the court to intervene and allow the ban on gender-affirming medical care to go into effect while the case goes forward. I do not want to be doing this. I just want to be a teenager and continue receiving the health care that has made the life I am now living possible./p div class=mp-md wp-link div class=wp-link__img-wrapper a href=https://www.aclu.org/cases/poe-v-labrador target=_blank tabindex=-1 img width=700 height=350 src=https://www.aclu.org/wp-content/uploads/2024/02/8edf82b64b3db092af443732c95ebc3d.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/8edf82b64b3db092af443732c95ebc3d.jpg 700w, https://www.aclu.org/wp-content/uploads/2024/02/8edf82b64b3db092af443732c95ebc3d-400x200.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/8edf82b64b3db092af443732c95ebc3d-600x300.jpg 600w sizes=(max-width: 700px) 100vw, 700px / /a /div div class=wp-link__title a href=https://www.aclu.org/cases/poe-v-labrador target=_blank Poe v. Labrador /a /div div class=wp-link__description a href=https://www.aclu.org/cases/poe-v-labrador target=_blank tabindex=-1 p class=is-size-7-mobile is-size-6-tabletA 2023 Idaho law criminalizing gender-affirming medical is being challenged in federal court by two transgender adolescents and their families./p /a /div div class=wp-link__source p-4 px-6-tablet a href=https://www.aclu.org/cases/poe-v-labrador target=_blank tabindex=-1 p class=is-size-7Source: American Civil Liberties Union/p /a /div /div pFor as long as I can remember, I knew that something felt off about living as a boy. I have always naturally related to other girls, felt the most like myself around other girls, and had similar interests as other girls. When I was younger, I did not have the words to express my feelings related to my gender identity or being transgender. But I knew it even before I knew the words for it. When I would play “make believe” with my friends, I was always a girl character. When I would play video games, I would always choose a girl avatar. My mom and dad even told me that, when I was little and my mom was pregnant with my younger sibling, I would lie down and place a doll on my stomach and tell them that I wanted to be a mom./p pWhen I started middle school and my body started changing, the sense that something was “off” gradually became a devastating level of distress. My mental health began to deteriorate as the changes to my body made me look more like my older brother and less like the girl I knew myself to be. I avoided anything social and my grades began to fall. There were times that I simply just did not want to exist because the physical changes to my body were trapping me in an existence I knew was causing me immense mental pain./p div class=wp-heading mb-8 h2 id= class=wp-heading-h2 with-standardFamily, Friends and Community/h2 /div pAt 14, I shared these feelings with my parents who, by then, could tell something was gravely wrong. Without hesitation, they told me they loved me, would always love me, and just wanted me to be happy and healthy no matter what. Soon after, I started “socially transitioning”#8211;I started going by a new name at home and at school and my friends began using feminine pronouns to refer to me. I wore a feminine hairstyle and I started wearing girls’ clothes. I told my mom I wanted to wear makeup and, as part of how she supported me when I asked for her help, she taught me about makeup and how to apply it./p pAll of this helped my gender dysphoria, but I was still experiencing male puberty, which was causing significant physical changes to my body that I could not hide or cover up with makeup or clothes. The changes to my body caused me so much pain that sometimes I wished I did not even exist. My parents took me to see our family doctor, a pediatrician who’s known me all my life./p p“From the moment you were born,” my doctor told me, “my job has been to make sure you’re healthy and happy, and this doesn’t change anything.” She referred us to a specialist with expertise in gender dysphoria and I started seeing a therapist. The specialist evaluated me, including an extensive conversation about my struggles with my gender. He also provided my parents and me information about gender affirming medical care, including the potential risks, and options to preserve fertility. At 15 and with my mom and dad’s support, I started medication that prevented further changes to my body from puberty, causing immediate relief to my anxiety and giving me much-needed hope. A few months later, I started estrogen, which has allowed me to go through puberty consistent with my gender identity./p div class=alignfullwidth mb-8 wp-pullquote div class= wp-pullquote-inner p#8220;It’s hard to overstate how impactful gender-affirming medical care has been for me.#8221;/p /div /div pIt’s hard to overstate how impactful gender-affirming medical care has been for me. Before treatment, I was isolating myself, depressed, anxious, and I regularly felt trapped and scared. I could not see a future for myself. I am so grateful that when I told my parents about what I was experiencing, they listened to me, trusted me, and took me to providers who could give me the gender-affirming health care that I needed to be who I am. Combined with the support of my friends and school, the love and support I’ve received from my family is what every transgender kid needs and deserves./p pAt the start of 2023, the Idaho State Legislature began debating HB 71, a law that would ban my medical care and even threaten to put my doctors in prison for the “crime” of supporting me. It was both terrifying and infuriating to watch as something so important to me and my life was debated by people who obviously didn#8217;t know anything about us. They didn#8217;t seem to care at all about all the testimonies from parents like mine, the expertise of doctors like mine, and the pleas from trans kids like me begging the state not to take away the care that has saved my life and the lives of so many others. When Governor Brad Little signed the law, my parents and I were terrified for our future./p pWhen HB 71 passed, my parents talked to my siblings and me about trying to travel out of state for care or selling our house and leaving Idaho-the only home I#8217;ve ever known. Having to move would mean losing my friends, my family, my home, my community, my school–everything that I have always known./p pI don’t want politicians trying to control my body, my life, and my family’s lives. And I don’t want any other trans kids to be faced with the same. I’m so fortunate to have the support I have-especially when so many trans kids are denied the same opportunity to thrive–and I wake up every day thankful for the love of my parents and my siblings. But if the Supreme Court allows this law to take effect, my family and my doctors understand that this health care is so central to my well-being that not receiving it is not an option. I ask that the Court please help me and my family. Please do not let my health care be taken away./p

A Plan to Block Trans Health Care in Ohio Was Stopped — But the Fight Isn’t Over

pOn January 5, Governor DeWine introduced draft rules that, if implemented, would have resulted in thousands of transgender people in Ohio going without the health care they need, and forcing many to move out of their home state — including my friend, Emma. Due to an outpouring of dissent from the trans community, those proposed rules will not go into effect./p pFor years, politicians across the nation have been pushing legislation that would block critical gender-affirming medical care for transgender people, taking life-saving health care decisions out of the hands of trans people, their doctors, and their families, and putting it in the hands of politicians. Much of this legislation has focused on spreading inaccuracies and stoking fear specifically about care for trans youth. But the Ohio government tried to take it even further. DeWine’s proposed rules were the most extreme regulations on medical treatment for transgender adults anywhere in the United States, and would have prevented children and adults alike from receiving medically-necessary care. These changes were not based in any medical science, and were proposed against the recommendations of every major medical organization in the nation, despite the outcries from the trans community./p pEmma and I are both born and raised Ohioans. We have frequently shared our fear and disappointment in the actions of Ohio’s political leaders and how out of touch they are with the wants and needs of Ohio communities. We were both part of the thousands of people who submitted comments in opposition to the opposed rules, and we both know that this is a victory worth celebrating — but also that these planned attacks against the trans community in Ohio are not in the past. I sat down with Emma to talk through what these proposed bans would have meant for her and her trans community, and how we can continue working to defend trans rights in Ohio and across the nation./p div class=wp-sizing-container sizing--half alignment--right figure class=wp-image mb-8 img width=1080 height=1316 src=https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1.jpg class=attachment-original size-original alt=A photo of Emma M. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1.jpg 1080w, https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1-768x936.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1-400x487.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1-600x731.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1-800x975.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/02/Screenshot_20240202_153023_Instagram-1-1000x1219.jpg 1000w sizes=(max-width: 1080px) 100vw, 1080px / figcaption class=wp-image__caption is-caption mt-3pEmma M./p /figcaption /figure /div pbHanna:/b iHow would the proposed changes to transgender health care access in Ohio have impacted you? How would they have impacted your friends and other trans people in the state?/i/p pbEmma/bbi:/i/b I#8217;ve lived my whole life in Ohio. It#8217;s my home, somewhere I can be myself and be supported by my friends and family. Since the proposed changes were announced, I#8217;ve seen the future I envisioned for myself here change drastically. If trans health care access was restricted for adults, many of us would be forced to move. Friends had told me all the places they#8217;re considering moving to, and others were planning on leaving the country entirely. I know plenty of others, myself included, who want to stay and fight it. It#8217;s hard though. To make it through the day, you have to have some sort of plan about what to do when things get bad. If I am ever forced to [leave], I know I#8217;ll be able to move somewhere and be okay, but not everyone can move; it#8217;s expensive, and it#8217;s daunting to have to find a job somewhere else away from our friends and families./p pbHanna:/b iHow do the limits on health care for trans youth tie into the proposed restrictions for the care you receive? /i/p pbEmma:/b If you#8217;re a trans kid in Ohio, you#8217;re being told that you can#8217;t be who you want to be until you#8217;re an adult. You reach adulthood, and then the state still is trying to put laws in place to limit your access to health care. It#8217;s just cruel because it makes it that much harder to be hopeful as a trans kid. Suicide rates among trans youth are already frighteningly high, and we know how to lower them. This is why we spread mantras like Protect Trans Kids, they#8217;re in an increasingly difficult situation and need support. The proposed changes made me more concerned for trans youth in particular, because I think it would be really difficult to remain hopeful in the face of these extra barriers. You#8217;d have to make it to adulthood, save money not just for the myriad of expenses that are typical for transition, but also to move out of state. To all trans kids, I want you to know that things will get better. It#8217;s up to the rest of us to fight back and make sure we#8217;re providing a future to look forward to for the trans youth of Ohio./p pbHanna:/b iWhat can people do to help, whether they’re in Ohio or wanting to support from afar when these kind of attacks on trans care are introduced by politicians? /i/p pbEmma:/b People can do a couple things to show support. First, check in on your trans friends and family. It#8217;s pretty hard on our mental health when laws like this are proposed or passed, even if they’re eventually defeated, and it#8217;s helpful to know that our loved ones are here for us. It is incredibly stressful thinking about how these changes would impact our access to health care. Outside of that, we need help pushing back on the laws themselves. Show up to protests, submit your feedback online, or call your representatives to let them know how you feel about anti-trans legislation. Right now, trans people are looking to our friends to speak up and speak out. We can#8217;t fight this battle alone. If you can, there are many great organizations worth donating to as well, like the ACLU, the ACLU of Ohio, or the TransOhio Emergency Fund, to both push back on harmful legislation and provide trans people with much needed assistance./p div class=wp-audio mb-8 div class=wp-audio__content span class=wp-audio__episode-title is-hidden-tablet is-hidden-desktop is-size-5 is-size-6-mobile The Way Forward for Trans Justice /span div class=wp-audio__metadata columns div class=column span class=wp-audio__episode-title is-hidden-mobile is-size-5 is-size-6-mobileThe Way Forward for Trans Justice/span p class=wp-audio__episode-description line-clamp-3 is-size-6 is-hidden-mobile Last year, states passed a record number of bills restricting health care, athletics, public accommodations, expression, and educational materials for trans people — trans kids, more specifically. With the turn of a new year, the situation continu... /p p class=wp-audio__episode-description line-clamp-5 is-size-7 is-hidden-tablet is-hidden-desktop Last year, states passed a record number of bills restricting health care, athletics, public accommodations, expression, and educational materials for trans people — trans kids, more specifically. With the turn of a new year, the situation continu... /p /div div class=wp-audio__thumbnail-wrapper column img class=wp-audio__thumbnail src=https://www.aclu.org/wp-content/themes/aclu-wp/img/at-liberty_500x500.jpg alt=Cover artwork for / /div /div /div div class=wp-audio__links is-flex is-align-items-center pl-none pl-4-tablet div class=wp-audio__links-episode is-size-7 has-text-grey has-text-weight-bold p-4 a href=https://www.aclu.org/podcast/the-way-forward-for-trans-justice class=visit-link p-none mb-none no-underline column span class=visit-link__textVisit this episode/spanspan class=icon caret is-dark right / /a /div /div /div pbHanna:/b iWhat would it mean for you and your community if DeWine’s proposed changes to trans health care had taken effect? /i/p pbEmma:/b It would have been devastating, because we#8217;ve fought for this to be our home. It would have been a very clear announcement that we aren#8217;t welcome here, and that legislators will keep trying to push us out. Not everyone can afford to move to the safety of another state. It#8217;s already a struggle for some trans adults to access medical care, largely because of long wait times. I think these proposed changes would have worsened that issue and placed an unfair burden on trans people that would have negatively affected our physical and mental health. I didn’t believe these changes were an accurate representation of what the people of Ohio wanted, and I#8217;m grateful that with enough awareness, people provided the support we needed to shut down these proposals. It was an immeasurable relief that the proposals were changed, thanks to a massive influx of comments from the community. I think there#8217;s more to be done, it#8217;s easy to fall into a false sense of security now that some provisions have been walked back, but the reality is trans youth is still actively affected and trans adults remain a political target. We need to keep this energy, this outpouring of support, to prevent future attempts by the state against trans rights./p pbHanna:/b iHow has access to gender-affirming care affected your quality of life?/i/p pbEmma:/b Unequivocally, I can say gender-affirming care saved my life. It#8217;s difficult for me to explain what it was like before I came out and had access to gender-affirming care. I had been dangerously depressed for a long time and didn#8217;t have hope that things were going to get better. It felt like I was living someone else#8217;s life, where none of the pieces fit. I think from the outside it seemed like I should have been happy. I had a loving family, a great group of friends, and did well in school. The reality was that I was disconnected from it, and tried desperately to hide how hopeless I felt. I was unaware that there were other people like me, and there were resources to help transition. Luckily, I came out and had support from friends and family. I#8217;m truly happy with my life now, and hopeful for my future. Gender-affirming care isn#8217;t just hormones or surgeries, it#8217;s a whole range of things that might not be the same for everyone. For me, the first thing was seeing a therapist who helped me work through my anxieties related to transitioning, then other medical professionals to start hormone replacement therapy. They made sure I was well informed through every step in the process. It lifted that weight off my shoulders, helped me feel at home in my body. Being happy in your body is fundamental, and because of that, I#8217;m able to find joy in things I didn#8217;t before. The reality was that before, hobbies were just a way to distract myself, and now they#8217;re things I choose to pursue for happiness. I#8217;ve picked up softball, reading, music, and even sewing. I attribute the change in my mental health completely to gender-affirming care, it#8217;s helped me to see myself and life in a new light. Gender-affirming care gave me the hope I needed to continue, and I#8217;m thankful everyday for it./p div class=rss-ctadiv class=rss-cta__subtitleWhat you can do:/divdiv class=rss-cta__titleProtect Trans Care Now/diva href=https://action.aclu.org/send-message/protect-trans-care-now class=rss-cta__buttonSend your message/a/div

Anti-DEI Efforts Are the Latest Attack on Racial Equity and Free Speech

14 February 2024 at 16:23
pFirst, Donald Trump and right-wing extremists attacked government trainings on racism and sexism. Then the far right tried to censor classroom instruction on racism and sexism. Next, they banned books about BIPOC and LGBTQ lives. Today, the extreme right’s latest attack is aimed at dismantling diversity, equity and inclusion (DEI) programs./p pIn 2023, the far right introduced at least a href=https://www.chronicle.com/article/here-are-the-states-where-lawmakers-are-seeking-to-ban-colleges-dei-efforts?emailConfirmed=trueamp;supportSignUp=trueamp;supportForgotPassword=trueamp;email=lwatson%40aclu.orgamp;success=trueamp;code=successamp;bc_nonce=7dgurpqns0w1d7cyy44vqy65 bills/a to limit DEI in higher education in 25 states and the U.S. Congress. Eight bills became law. If this assault on our constitutional rights feels familiar, that’s because it is. It was last seen in 2020 when Trump-aligned politicians fought to pass unconstitutional laws aimed at censoring student and faculty speech about race, racism, sex and sexism. The ACLU challenged these laws in three states, but today, anti-DEI efforts are the new frontier in the fight to end the erasure of marginalized communities./p pDEI programs recruit and retain BIPOC, LGBTQ+, and other underrepresented faculty and students to repair decades of discriminatory policies and practices that excluded them from higher education. The far right, however, claims that DEI programs universally promote undeserving people who only advance because they a href=https://twitter.com/JDVance1/status/1742925449465135262check a box/a. Anti-DEI activists like Christopher Rufo consistently frame their attack as a strike against “identity politics,” and have a href=https://twitter.com/realchrisrufo/status/1371540368714428416?lang=enweaponized/a the term “DEI#8221; to reference any ideas and policies they disagree with, especially those that address systemic racism or sexism./p pThis attack on DEI is part of a larger a href=https://journals.law.harvard.edu/crcl/wp-content/uploads/sites/80/2023/09/HLC208_Watson.pdfbacklash/a against racial justice efforts that ignited after the 2020 killings of George Floyd, Ahmaud Arbery and Breonna Taylor. At the time, workplaces, schools, and other institutions announced plans to expand DEI efforts and to incorporate anti-racism principles in their communities. In response, far-right activists, led by Rufo and supported by right-wing think tanks such as The Manhattan Institute, The Claremont Institute, and The Heritage Foundation, went on the offensive./p pLeveraging Fox News and other mainstream media outlets, Rufo and his supporters sought to manufacture hysteria around the inclusion of critical race theory in schools and workplaces. After a 2020 appearance on Fox News where Rufo misrepresented the nature of federal trainings on oppression, white privilege, and intersectionality as indoctrination of critical race theory in our public spaces, Rufo convinced former President Trump to end federal DEI training. Rufo’s goal was to limit discourse, instruction, and research that refuted the false assertion that racism is not real in America – and he succeeded. Just three weeks later, a href=https://www.aclu.org/news/civil-liberties/the-trump-administration-is-banning-talk-about-race-and-genderTrump issued Executive Order 13950/a, which banned federal trainings on systemic racism and sexism. This Executive Order served as the template for most of the educational gag orders, or bills introduced to limit instruction on systemic sexism and racism in 40 states, 20 of which are now law./p pThe ACLU has consistently opposed efforts to censor classroom instruction on racism and sexism, including in Florida where some of the most egregious attacks on DEI, critical race theory and inclusive education have been mounted. Following the far right’s “anti-wokeism” playbook, in April 2022, Florida Governor Ron Desantis signed the Stop W.O.K.E. Act, which seeks to ban training or instruction on systemic racism and sexism in workplaces, K-12 schools, and higher education. The ACLU, the ACLU of Florida and our co-counsel challenged the law, claiming it violates the First and Fourteenth Amendments by imposing viewpoint-based restrictions on instructors and students in higher education, and fails to state explicitly and definitely what conduct is punishable. A federal judge has blocked it from being enforced in public universities across the state./p div class=mp-md wp-link div class=wp-link__img-wrapper a href=https://www.aclu.org/news/free-speech/lessons-learned-from-our-classroom-censorship-win-against-floridas-stop-w-o-k-e-act target=_blank tabindex=-1 img width=1200 height=628 src=https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad-768x402.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad-400x209.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad-600x314.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad-800x419.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/02/a826b64d446092dcdc923dd2a83f8cad-1000x523.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a /div div class=wp-link__title a href=https://www.aclu.org/news/free-speech/lessons-learned-from-our-classroom-censorship-win-against-floridas-stop-w-o-k-e-act target=_blank Lessons Learned from Our Classroom Censorship Win Against Florida’s Stop W.O.K.E. Act /a /div div class=wp-link__description a href=https://www.aclu.org/news/free-speech/lessons-learned-from-our-classroom-censorship-win-against-floridas-stop-w-o-k-e-act target=_blank tabindex=-1 p class=is-size-7-mobile is-size-6-tabletHere’s what the judge’s order could mean for challenges to censorship efforts nationwide./p /a /div div class=wp-link__source p-4 px-6-tablet a href=https://www.aclu.org/news/free-speech/lessons-learned-from-our-classroom-censorship-win-against-floridas-stop-w-o-k-e-act target=_blank tabindex=-1 p class=is-size-7Source: American Civil Liberties Union/p /a /div /div pInstead of ceasing to censor free speech, the far right pivoted to target DEI programs. For example, Florida passed Senate Bill 266 in April 2023. This law would expand the Stop W.O.K.E. Act’s prohibition on training and instruction on racism and sexism, seeking to eliminate DEI programs and heavily restrict certain college majors related to DEI. Just last month, the Florida State Board of Education moved forward with regulations to limit the use of public funds for DEI efforts in Florida’s 28 state colleges. The State Board also replaced the Principles of Sociology course, which was previously required, with an American History course to avoid “radical woke ideologies.”/p pLed by the same far-right leaders, including Rufo and various think-tanks, these anti-DEI efforts utilize the same methods as the attack on critical race theory. They represent yet another attempt to re-whitewash America’s history of racial subjugation, and to reverse efforts to pursue racial justice—or any progress at all. Anti-DEI rhetoric has been used to a href=https://twitter.com/JDVance1/status/1742925449465135262invalidate/a immunological research supporting the COVID-19 vaccine, conclusions by economists on mass migration, and even the January 6 insurrection. But these false claims are not what DEI is about. By definition equity means levelling the playing field so qualified people from underrepresented backgrounds have a fair chance to succeed. We cannot let a loud fringe movement convince us otherwise./p pIn its attacks on DEI, the far right undermines not only racial justice efforts, but also violates our right to free speech and free association. Today, the ACLU is determined to push back on anti-DEI efforts just as we fought efforts to censor instruction on systemic racism and sexism from schools./p div class=rss-cta__titleWe need you with us to keep fighting/diva href=https://action.aclu.org/give/now class=rss-cta__buttonDonate today/a/div
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