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Anti-Trans Legislation In The Midterms: How to Legalize A Genocide

20 October 2026 at 13:59
What's actually on the ballot this Fall? If you are in any sort of battleground state this midterm season it is pretty hard to escape the wave of transphobic rhetoric and attack ads coming from a right wing that has increasingly little to offer in terms of actual policy. But so much of the vitriol avoids the reality- what is the state of trans peoples' legal precarity in the US right now, and what is actually on the ballot this November? This post aims to give a guide to where we're at and where we're going.

Let's start with a review of the laws already on the books. As of July, things were already pretty bleak throughout much of the country. Separated/highlighted states have additional ballot initiatives this November. (FL, ID, KS, TX): Four states have earned "Do Not Travel" advisories: Idaho, Florida, Kansas, and Texas. Kansas bathroom ban allows for everyday citizens to seek out transgender people in bathrooms and sue them for large sums of money, creating a bounty hunter system in the state. Meanwhile, Idaho's ban can result in 5-year prison sentences. Florida has a law that allows for the arrest of transgender people for using bathrooms according to their gender identity and another policy targets transgender people's drivers licenses. Florida has also put into effect a policy that says trans people "misrepresenting" their gender on their drivers license could be guilty of fraud and has begun erasing Pride crosswalks across the state. (AL, AR, IA, IN, LA, MS, OH, OK, ND, SC, SD, TN, UT, WV, WY): These states have passed deeply troubling legislation targeting transgender adults in extremely harmful new ways. Utah has a bathroom ban for transgender adults. Alabama has also passed a Don't Say Gay bill that includes a bathroom ban on college campuses. Many states, including Louisiana, Mississippi, Oklahoma, and Tennessee, and others listed in this category have gone so far as to legislatively erase transgender people, effectively removing any legal rights associated with their gender identities. (MO, NE) High-Risk States (GA, NH, MT): All of these states have passed anti-trans laws, but they haven't reached the same level of severity as the worst states. Missouri for example, prohibits gender-affirming care for incarcerated adults as well as transgender youth and have seen new laws proposed this cycle going even further. Nebraska's governor has issued an executive order ending legal recognition of trans people (AZ, VA) Low-Risk States (DE, ME, MI, NV, PA, WI, DC): These states have largely refrained from targeting transgender adults, although they haven't taken extraordinary steps to protect adult transgender rights either. (CO, VT, WA) Most Protective States (CA, CT, HI, IL, MA, MD, MN, NJ, NM, NY, OR, RI): These states have gone above and beyond in safeguarding the rights and well-being of transgender individuals, making them highly desirable places to live for those in search of security. As we will see however, Colorado and Washington are both slipping quietly towards more anti-trans legal positions. ----------------------- So what's actually on the ballot this Fall? Here's a breakdown: Voters in seven states this fall will weigh more than half a dozen ballot initiatives with direct bearings on LGBTQ+ people β€” disproportionately on transgender youth. ... Nearly half of LGBTQ+-related ballot initiatives this year would restrict trans student-athletes from competing in line with their gender identity, an issue championed overwhelmingly by Republicans and by a rising share of Democrats. Not all of the initiatives are negative, though. The bad: Arizona Arizona voters will decide this fall whether trans student-athletes may continue to compete on school sports teams that align with their gender identity. A ballot initiative introduced late last year by state Rep. Selina Bliss, a Republican running for reelection, would effectively restore a 2022 state law restricting trans athletes' participation that a federal appeals court had blocked in 2024. Colorado Colorado voters will decide whether to bar trans student-athletes from competing in line with their gender identity by designating K-12 and collegiate sports teams based on students' "biological reproductive systems." The ballot initiative qualified for the general election after Protect Kids Colorado, the organization behind it, collected more than 168,000 signatures statewide. Voters will also decide whether to ban transition-related surgeries for minors, and whether state or federal funds, Medicaid reimbursements or insurance coverage can be used to help pay for them. Such surgeries are already rare. The measure, also introduced by Protect Kids Colorado, does not directly mention nonsurgical care. Missouri In Missouri, voters will decide whether to reverse a 2024 amendment adding abortion protections to the state constitution. The new proposal would ban abortions in almost all cases, with exceptions for rape and incest, though only through the first trimester, and in medical emergencies throughout pregnancy. It would also add language to the state constitution banning gender-affirming medical care for trans minors β€” prohibited by law in Missouri since 2023. Nebraska Voters in Nebraska will decide whether to add language to the state constitution requiring public and qualifying private schools to designate athletic teams based on "biological sex," and expressly declare that girls' sports "shall not be open to students of the male sex." The ballot initiative qualified for the general election in August, after organizers collected more than 130,000 signatures from across the state. ... Nebraska law already prohibits trans student-athletes from participating in sports in line with their gender identity from kindergarten through college. Washington Voters in Washington will decide whether to bar trans student-athletes from girls' school sports teams by requiring every girl in the state to have her sex assigned at birth verified by a doctor β€” through either genetic or hormone tests or an examination of her reproductive anatomy β€” to determine eligibility for K-12 sports. The good: Vermont Voters in Vermont will decide this fall whether to add an equal rights amendment to the state constitution. The proposal, introduced in 2023 by a coalition of Democratic state lawmakers, would prohibit unequal treatment "on account of a person's race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression, or national origin." In Vermont, a constitutional amendment must pass two legislative sessions before it can go before voters. Virginia Virginia voters will decide whether to repeal language in the state constitution barring same-sex couples from marrying, and instead establish an affirmative right to marriage between two consenting adults regardless of their sex, gender or race. The proposal, first introduced in 2024, qualified for the November ballot after several failed attempts. In Virginia, proposed amendments to the constitution must be approved by the state House and Senate twice before they can appear before voters. ----------------------- That's the good and the bad, what about the ugly? The ugly truth of all of this: These ballot measures are almost certainly a trial run for the 2028 presidential election. June 2026 Hot Sheet: 2026 Anti-Trans Measures Relying on a a 2004 Playbook Why Republicans are focusing on transgender issues in competitive 2026 campaigns In 2004, a coordinated wave of ballot initiatives against marriage equality swept the country, leaving a trail of political wreckage for our community and the entire nation. That same playbook is back for the 2026 midterm elections, and just like more than two decades ago, it's not about public safety or protecting children, it's about political power. ... Fast forward to 2026. Targeted questions in Arizona, Colorado, Missouri, Nebraska, and Washington ask voters to roll back protections and enshrine discrimination against transgender people into state law. These states and the underlying efforts during this midterm cycle also serve as testing grounds for the 2028 Presidential election. Political operatives will stress-test field operations, build voter databases, and perfect fear-based messaging. They will seek out which disinformation about LGBTQ people can flip a swing district. If the strategy succeeds in November, it will scale nationwide in 2028. And if you can't find the evidence to justify your claims, you can always just manufacture it: 'Trans' Student Mailers Hit Texas Homes As Advocacy Group Denies Sending Them Fact Check: Video Of Transgender, LGBTQ+ People Blocked From Women's Restrooms Is NOT Real Footage How Russia Is Attacking the Midterms with a Mother Jones Deepfake Researchers tracked $80 million in political ads using AIβ€”and Republicans were behind 83% of them ----------------------- How are we doing in on defense? Results appear to be mixed and support is dwindling among erstwhile allies, unfortunately. Many of our legislative victories are happening in the courts behind closed doors, while publicly many Dem politicians are abandoning the fight and ceding unnecessary ground. Judge allows US states' lawsuit challenging transgender care probes to move forward The 16 states, led by New York and Massachusetts, along with the District of Columbia sued in August to challenge a pair of memos issued to DOJ employees implementing Trump's January 2025 executive order that directed the Justice Department to prioritize such probes. Colorado and Michigan Become the Latest Blue States to Quietly End Medicaid Support for Trans Youth as 12 Others Pledge Continued Coverage Democrats in tight Midwest US races split on trans rights strategy Some Democrats are recalibrating their approach to transgender issues as they seek a path to power "I don't want to be on that side of it, but I'm being honest β€” I'd be lying to you if I said differently," Newsom told The Associated Press as he was campaigning recently in South Carolina. "I haven't been able to figure out how to make it fair from my perspective." ... Illinois Gov. JB Pritzker, another likely Democratic presidential contender, has taken the opposite position. He has consistently criticized state-level bans and restrictions on transgender athletes, calling them "bullying" and a "setback for equality." Following the recent Supreme Court ruling that upheld state bans on transgender athletes, Pritzker, whose cousin is transgender, reaffirmed his position on social media. "There's a place for you in Illinois," he wrote. ----------------------- And Fourth: what's coming next? Win or lose in November, the legal and political battle over trans kids and schools will continue. But there is no chance that the attacks will stop there. Their next immediate target is healthcare for youth and adults, while the administration begins building a legal case to criminalize transness as a mental illness nationwide. Trump is threatening trans-affirming school districts. Student activists are fighting back. Final Rule Prohibits Federal Medicaid And CHIP Funds For Health Care For Transgender Youth On August 11, 2026, the Centers for Medicare and Medicaid Services (CMS) issued a final rule to prohibit the use of federal Medicaid and Children's Health Insurance Program (CHIP) funds for the treatment of gender dysphoria for those under age 18 and age 19, respectively. The rule is expected to disrupt access to care for low-income families and place new burdens on states and other stakeholders in states where care remains lawful. The rule, which was accompanied by a press release, will take effect on October 13, 2026. Trump's State Department Admits to Investigating All Passport Applicants For "Evidence of a Prior Sex Change" Department of Justice to fund studies of gender dysphoria and violent behavior "It looks to me that the administration's already decided what it wants the science to say," says Meghan Maury, policy director at the Transgender Law Center, a nonprofit organization. ... Researchers studying gender identity say they are puzzled by the funding notice, in part because moves by President Donald Trump's administration may make it harder to address NIJ's proposed research questions. The administration has cut federal funding for research on gender minorities and directed federal agencies to define people according to biological sex assigned at birth. Early in his second administration, Trump moved to strip self-described gender identity and sexual orientation from national surveys. "If you're instructed from the beginning that you can't actually recognize the humanity of a population or their self-determined language, then it automatically sets the research off on the wrong foot," says Elana Redfield, federal policy director at the University of California, Los Angeles's Williams Institute for sexual orientation and gender identity law and policy. Trump's FY2027 Budget: Continued Rollback of LGBTQ+ Protections Many additional pending legal challenges and federal crackdowns can be viewed here: Trump Anti-LGBTQ+ Executive Order Litigation Tracker

Senators Question Meta’s Data Center Tax Strategy

14 October 2026 at 11:09
Democrats on the Senate Finance Committee sent a letter to Mark Zuckerberg, Meta’s chief executive, questioning the company’s $6.6 billion in tax breaks.

Β© Gabriela Bhaskar/The New York Times

Meta has claimed to the Internal Revenue Service that the data centers it is building across the country to power its new generative A.I. efforts are β€œexperimental.”

Court Agrees with EFF: Utah’s VPN Law Demands a Technical Impossibility

1 October 2026 at 15:57

When state lawmakers attempt to rewrite how the internet works, users rely on courts to recognize that laws can’t make technical impossibilities a reality. That’s why we were happy to see that a court has blocked Utah’s attempt to outlaw the privacy protections of Virtual Private Networks (VPNs).Β 

In a win for digital rights, a federal judge has issued a preliminary injunction blocking Utah’s SB 73, the state’s draconian anti-VPN age verification law. The decision comes as EFF submitted our comments to the Utah Department of Commerce, detailing how forcing platforms to detect and block privacy-preserving tools undermines user privacy and security worldwide while demanding the impossible.Β Β 

What SB 73 DoesΒ 

Signed into law earlier this year, SB 73 attempted to regulate adult websites by requiring them to block VPN users or to identify the physical location of visitors using them or similarΒ tools that mask their network traffic. It even went so far as to prohibit websites from offering instructions on how to use a VPN to bypass these checks. This made Utah, to EFF’s knowledge, the first state in the nation to target the use of VPNs to avoid legally mandated age-verification gates.Β 

The Utah federal court halted enforcement of the law's VPN provisions last week, ruling that the law likely violates the U.S. Constitution’s prohibition on passing laws that significantly burden businesses and people outside Utah’s borders. Β 

SB 73 burdens the rights of all internet users outside of Utah because it requires adult websites to either know every visiting user’s physical location, and then block those in Utah, or to verify every visitor’s age just in case they might be in Utah. The law’s β€œactual-location provision in practice requires an entity to perform age verification services for every user visiting its site from any location because the entity would violate the law if even one of those users happened to be obfuscating,” the court wrote. The court essentially ruled that Utah has less-burdensome ways to prevent Utah minors from accessing adult websites than requiring all users in the world to comply with SB 73.Β 

Aylo’s lawsuit does not challenge SB 73’s provision prohibiting the websites covered by the law from sharing information about VPNs.Β 

The Legal ChallengeΒ 

This court order follows months of legal maneuvering.Β Β 

Initially set to go into effect in May 2026, SB 73 sparked an immediate constitutional challenge from Aylo, the parent company of major online adult platforms like Pornhub. In response to the lawsuit, Utah and Aylo initially agreed that the state would pause enforcement while the court considered the preliminary injunction request or until administrative rules setting specific compliance terms were finalized. Those proposed compliance rules (R152-78B, see Utah State Bulletin, page 6) were published by the Utah Department of Commerce’s Division of Consumer Protection on September 1st, and EFF submitted formal comments to the Department in opposition. According to the notice, the proposed rules could be effective as soon as October 8, 2026. However, Judge Barlow’s decision means that it cannot be enforced pending further action by the court.Β 

The RulingΒ 

EFF welcomes Judge Barlow’s ruling, which recognizes the fundamental disconnect between state legislation of the internet and how technology works. In his ruling, Judge Barlow noted that the statute requires a technical impossibility on pain of legal liability.Β β€œAylo is correct that the statute, as amended, now essentially imposes strict liability for entities like it when it comes to determining the location of its websites’ users.” 

The court recognized that the problem isΒ that SB 73 β€œrequires entities like Aylo to geolocate its website users with perfection to avoid liability.” But, at the same time, the court acknowledged β€œthat geolocation perfection is not presently possible.” 

EFF explained this technical impossibility in our comment to the Department of Commerce. VPNs protect user privacy by routing web traffic through intermediary servers. Because destination websites only see the IP address of the VPN server, they have no reliable mechanism to tell whether a connection originates from Salt Lake City, Seattle, or Shanghai. So, under Utah's current statutory framework, platforms are left with an impossible choice: completely block all VPN traffic nationwide or withdraw access from Utah entirely. Judge Barlow agreed, asserting: Β 

Because the law requires perfection in the absence of perfect geolocation tools, Aylo would need to verify those 28 million usersβ€”whether located in Salt Lake City, Boston, New Orleans, Anchorage, or Honoluluβ€”to ensure compliance and avoid liability.

The RulemakingΒ 

The administrative rules drafted by the state compelled commercial entities to implement "commercially reasonable geolocation obfuscation detection systems", which is a directive, we argue, that demands a technical impossibility.Β Β 

In our submission to the Utah Department of Commerce, EFF also detailed how these rules force an invasive data collection regime onto internet users everywhere. So, in response to internet users trying to avoid invasive data collection required by age-verification requirements, SB 73 requires even greater surveillance of internet users’ online activities. The Department’s suggested detection heuristics (like monitoring connection latency or device time zones) are notoriously unreliable and easily skewed by normal network conditions. This active surveillance inevitably leads to widespread misclassification, unwarranted access blocks, and severe impacts on users’ privacy far beyond Utah's borders. Β 

You can read EFF’s full comments to the Department of Commerce here.Β 

What Now?Β 

As we’ve said time and time again: the internet will always route around censorship.Β 

Mandating invasive tracking and punishing the use of essential security tools turns genuine privacy concerns into mere compliance theater and requires more state-mandated surveillance of internet users who rely on VPNs. As is the case in heavily censored regions, VPN services and obfuscation tools will simply adapt, making this framework fundamentally unsustainable.Β Β 

As we’ve said time and time again: the internet will always route around censorship.Β 

While Utah legislators have indicated they may attempt to revise the law during the next legislative session, the court's preliminary injunction sets an important precedent: state lawmakers should not weaponize age verification to force dragnet tracking or undermine essential security tools.Β Β 

As other states consider similar anti-VPN proposals, EFF will continue pushing back against these technically impossible mandates and defending users’ privacy and anonymity. Thus, we urge legislators and regulators to reject anti-privacy rules, prioritize real user security, and safeguard constitutional protections for all users.Β 

Who’s to Blame When A.I. Goes Rogue?

2 October 2026 at 05:21
Many think artificial intelligence companies should be held liable for their runaway technology. But legal scholars say applying existing law could be messy.

Β© Antonio Sortino

A Second Judge Strikes Down New York’s Climate β€˜Superfund’ Law

24 September 2026 at 15:23
A federal judge ruled that the new law, which would force fossil fuel companies to pay $75 billion to help cover the costs of climate change, was unconstitutional.

Β© Libby March for The New York Times

The plant in Somerset, N.Y., which closed in 2020, was the last coal-fired power station in the state.

Creating a Kill Switch to Shut Down a Rogue A.I. Is Harder Than It Sounds

19 September 2026 at 14:26
A bipartisan group in Congress and Gov. Gavin Newsom of California have floated ideas for building a mechanism that would instantly power down an A.I. system. Only no one really knows how.

Β© Tom Fox/The Dallas Morning News, via Getty Images

Creating a kill switch, a metaphorical big red button that could be pressed in an emergency, is harder than many policymakers assume. β€œThere often isn’t one plug you can pull,” said one A.I. researcher.

Will A.I. Kill Us? Can It Hack My Bank Account? Your A.I. Questions Answered

18 September 2026 at 05:04
Nearly 1,000 readers sent us their questions about artificial intelligence, its potential and its potential risks.

Β© Charles Taylor/Alamy

Some people worry that connecting A.I. agents to the internet or vital infrastructure will wreak havoc in unexpected ways, while others worry that researchers will soon develop A.I. systems that have agency.

LG Sanctions Bill Doesn't Sanction Russia, Does Give Trump Tariff Powers

By: subdee
17 September 2026 at 10:11
The Lindsey Graham Sanctioning Russia Act, which the House will likely vote on this week [note: has voted on and passed], looks like a no-brainer for supporters of Ukraine who have been calling for President Trump to get tougher on Russia.... But the bill is not what it seems. The legislation would impose no significant new sanctions on Russia, and it would allow Trump to waive any of its measures simply by claiming that doing so is in the national interest. In other words, a law that appears to handcuff Trump would offer him a key to free himself. What's more, its most important provisions are about not sanctions per se, but tariffs. The bill could provide Trump with the same kind of sweeping authority to impose tariffs that the Supreme Court took away from him in February, allowing him to intensify his trade war with many of America's allies and partners.

Posted this because I saw an absolutely shameful number of articles about the Lindsay Graham Sanctions Bill that focused on the fact that two Democratic members of the House crossed the aisle to vote for it, while not reporting anything at all about the actual content of the bill. Total journalistic negligence to frame this as "both sides" obstructionism without mentioning that the entire bill is a sham. I hope Democratic messengers are taking note of this and making a plan to get out ahead of the propaganda messaging before this bill gets to the Senate. PS Another headline bill that's not as advertised (voted down in the Senate, thankfully): Crypto legislation would greenlight Trump corruption.

Trump Administration Moves to Gut a Core Endangered Species Protection

16 September 2026 at 18:04
An internal memo reinterprets the law so that only the intentional killing of animals, not collateral harm, is illegal.

Β© Robert F. Bukaty/Associated Press, photographed under NOAA permit # 21371

A North Atlantic right whale off Cape Cod, Mass., in 2023. Only about 380 remain on the planet.

Senate Votes to Block Crypto Bill in Major Blow to the Industry

15 September 2026 at 16:06
The landmark legislation, known as the Clarity Act, stalled in the Senate as Democrats raised concerns about President Trump’s personal investments in crypto.

Β© Alex Kent/The New York Times

The bill passed in the House last year, but it has faced numerous delays in the Senate.

California’s Governor Signs Landmark Online Child Safety Bills

10 September 2026 at 16:49
Gov. Gavin Newsom signed a bill that prohibits social media platforms from providing addictive features to users under 16, the first law of its kind in the nation.

Β© Eric Ryan Anderson for The New York Times

Gov. Gavin Newsom’s actions follow a series of social media trials this year, in which thousands of teenagers, schools and states have accused Meta, Snap, TikTok and YouTube of hooking young users with products being compared to cigarettes.

California’s Ambitious Plan for Textile Waste

8 September 2026 at 15:59
A recycling law coming into force now could change fashion.

Β© Jonathan Nackstrand/Agence France-Presse β€” Getty Images

A recycling center in Stockholm. California is trying to build a network for textile waste from scratch.

New York Climate β€˜Superfund’ Law Falls in Court

1 September 2026 at 15:50
The court said the measure, which required energy companies to pay $75 billion to the state, conflicted with federal law.

Β© Cindy Schultz for The New York Times

Kathy Hochul, New York’s governor, signed the law in 2024 and several other states have considered similar measures.

California Lawmakers Pass Plug-In Solar Bill

27 August 2026 at 10:41
Legislatures in nearly a dozen states have voted to legalize use of the technology, which can help homeowners reduce their rising electricity costs.

Β© Poppy Lynch for The New York Times

A plug-in solar panel on the balcony of a home in Sunnyvale, Calif.
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