As his administration has done in years past, President Joe Biden issued a presidential proclamation marking March 31st Transgender Day of Visibility. This shouldn’t have been especially controversial, and yet…
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On Friday, the White House issued proclamations marking Transgender Day of Visibility, Second Chance Month, Month of the Military Child, Care Workers Recognition Month, National Child Abuse Prevention Month, National Public Health Week, Arab American Heritage Month, National Cancer Prevention and Early Detection Month, Cesar Chavez Day, National Donate Life Month, and National Sexual Assault Awareness and Prevention Month.
As anyone who pays attention to presidential actions knows, these types of proclamations are plentiful (again, 11 were issued on Friday alone) and largely meaningless. Still, somehow, this became a controversy this year. Why? Because Transgender Day of Visibility, which has been observed on March 31st of each year since its inception in 2009, happened to coincide with Easter, and this — the concept of calendars and linear time — made people on the right really angry.
Easter, as you may know, is a floating holiday held on the first Sunday following the first full moon after the Spring Equinox. In other words, there’s no fixed date. I’ll be honest with you: seeing all of these posts from conservative politicians, personalities, and their followers made me feel like absolute garbage. “Demonic,” “degenerate,” “freakish,” and more. That’s what I was called as the result of this controversy. The general consensus among people worked up over this is that Biden should have skipped issuing a proclamation for TDoV out of respect for Easter. Honestly, looking at the backlash and how much it’s made me feel like absolute garbage, I almost wish they would have.
I don’t want or need a “day of visibility.” I want a day where I can live my life without being demonized for who I am. I want a world where I don’t have to check individual state laws to see if my existence is functionally illegal somewhere before I travel. Is that really so much to ask?
Just look at this rundown of the state of anti-trans legislative attacks, via the pro-LGBTQ Movement Advancement Project:
Defining “sex” to allow discrimination
7 states define “sex” throughout state law to allow discrimination against transgender people.
So far this year, states have introduced at least 38 bills that aim to regulate the definition of sex in this way.
24 states ban transgender students from participating in school sports.
37% of trans youth live in a state with this kind of ban.
5 states have laws that force schools to out transgender students to their families, often without regard for whether this may put the child at risk of harm.
An additional 6 states have laws that promote, but don’t explicitly require, outing of transgender youth.
ID documents: Changing gender markers on driver’s licenses
2 states don't allow people to update the gender marker on their driver's license; 9 states have overly burdensome requirements to do so.
Just this month, Arkansas became the first state to rescind the option for a gender-neutral marker on driver’s licenses, after previously offering that option.
22 states and D.C. allow a gender-neutral marker on driver's licenses.
ID documents: Changing gender markers on birth certificates
5 states do not allow someone to update the gender marker on their birth certificate.
12 states require sex reassignment surgery in order to change a gender marker, which can be a significant barrier for many people.
26 states issue new birth certificates with an updated gender marker without overly burdensome requirements.
10 states ban transgender people from using bathrooms and facilities consistent with their gender identity in K-12 schools.
Of those, 4 states ban transgender people from using bathrooms and other facilities consistent with their gender identity in at least some government-owned buildings and colleges, in addition to K-12 schools.
Two of those states’ laws include potential criminal penalties.
7 states have policies defining “sex” in ways that may impact transgender people’s access to bathrooms or facilities according to their gender identity.
17% of transgender people live in states with some form of bathroom ban.
Bans on medical care for transgender people
24 states ban some form of medical care for transgender youth.
Nearly 2 in 5 transgender youth (38%) live in a state that has enacted a law banning this care that has been prescribed by their doctor.
Note: Lawsuits have been filed against these bans in 17 states. The bans are not in effect in several of these states. Details about those states and more is available here.
5 states make it a felony crime to provide best-practice, medically-necessary transition related care for transgender minors, even with the support of their parents.
14 states and D.C. have enacted “shield” laws that protect access to health care for transgender people.
For more information on medical care for transgender people see MAP’s 2023 report on the topic.
2 states explicitly allow health insurance companies to refuse to cover transition-related medical care. However, 22 states prohibit health insurance discrimination based on gender identity.
25 states explicitly include gender affirming care in health plans for state employees. 13 states specifically exclude this care.
9 states have laws that allow medical professionals to refuse many kinds of health care to LGBTQ people – including transgender people – if they say it conflicts with their religious beliefs.
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