Human Rights Campaign Condemns Alabama Senate Passage of Anti-Transgender Youth Medical Care Ban

by Delphine Luneau

SB 184 Would Impose Felony Penalties on Providers of Gender-Affirming Care, and Would Require Educators To Out Transgender Students To Their Parents

MONTGOMERY – Today, The Human Rights Campaign (HRC) — the nation’s largest lesbian, gay, bisexual, transgender and queer (LGBTQ+) civil rights organization — condemned the passage by the Alabama State Senate of legislation, S.B. 184. The legislation, passed this evening by anti-equality legislators imposes criminal penalties on medical professionals who offer evidence-based, age-appropriate, gender-affirming treatment to children, backed by the American Academy of Pediatrics and other leading medical authorities; strip away parents’ right to make decisions, in consultation with their doctor, about providing their child with best practice medical care; and, it would require school personnel to out transgender children to their parent(s). This bill is an outrageous violation of privacy. If passed into law, Alabama would become only the second state in the country to have passed a ban on transgender youth being able to access affirming care. The first was Arkansas, which passed such a law last year over the Governor’s veto and then was immediately enjoined in federal court.

Following today’s vote, Human Rights Campaign Alabama State Director Carmarion D. Anderson-Harvey issued the following statement:

“Denying best practice medical care and support to transgender youth can have life-threatening consequences, and is morally wrong. Delaying and denying care have shown to contribute to depression, social isolation, self-hatred, risk of self-harm and suicidal behavior, and more. The passage of this legislation would restrict critically important care that transgender youth need to thrive and to access best practice, age-appropriate, evidence-based gender-affirming health care. Instead of focusing on legislation to better the communities they serve, the anti-eqaulity members of the Alabama State Senate have chosen to take steps to deny transgender youth from accessing best-practice, age-appropriate, medically necessary for no reason other than discrimination against them. Health care decisions should be made on a case-by-case basis, in careful consultation with a medical team, and with the goal of reducing the physical and emotional distress experienced by many transgender children. This bill makes it a Class C felony, punishable by up to 10 years in prison, and forces doctors to violate existing standards of medical care endorsed by the American Academy of Pediatrics, the American Medical Association, and other leading medical authorities. By criminalizing care, the Alabama State Senate is leaving our most vulnerable kids unable to get help they need and left suffering alone.”

Across the country, transgender people, and especially transgender children, are under attack like never before. In the last three years, anti-LGBTQ groups and politicians have singled out transgender kids to deny them access to gender-affirming medical treatment, prevent them from participating in sports teams consistent with their gender identity, and deny access to bathrooms. 2020 set a record number for anti-transgender bills filed with 79 bills, largely focused on attacking transgender youth; 2021 surpassed that record with 147 such bills filed in 34 states. For transgender youth – who are simply trying to navigate their adolescence – to bear the weight of these attacks year after year, these bills take a toll. Politicians are culpable for the harms they inflict by continuing to consider bills that target transgender youth.

Across Alabama, anti-equality politicians are working to pass bills, like yesterday’s House passage of HB 322, to discriminate against and disrupt the lives of transgender people. These pieces of legislation come as a new national study showing the high number of LGBTQ+ people experiencing depressive symptoms in many of the states considering these types of bills. According to data from the Trevor Project, 42% of LGBTQ+ youth nationwide seriously considered attempting suicide in the past year, including more than half of transgender and nonbinary youth. Last month, the Trevor Project also released the results of a poll that found more than 60% of LGBTQ+ youth said their mental health had deteriorated as a result of recent anti-transgender legislation, including anti-trans sports bans, medical care bans, and bathroom bills.

The nation’s leading child health and welfare groups representing more than 7 million youth-serving professionals and more than 1,000 child welfare organizations released an open letter calling for lawmakers in states across the country to oppose dozens of bills that target LGBTQ+ people, and transgender children in particular.

Anti-Transgender Attacks As A Political Talking Point

Legislators in a record 34 states introduced 147 anti-transgender bills in 2021, focusing on discriminatory anti-equality measures to drive a wedge between their constituents and score short-term political points. In 2021, legislators in twelve states enacted anti-LGBTQ+ bills despite failing to provide examples of what exactly they were legislating against.

Merely introducing anti-transgender bills and peddling anti-transgender rhetoric has already had a damaging impact, leading to LGBTQ+ youth resources being surreptitiously removed from a government website, 11-year-old kids literally having trouble sleeping, and a school district banning graphic novels with a transgender character after a parent's complaint. 2021 and 2020 were the deadliest and second-deadliest years on record for trans & gender non-conforming people, respectively, with the Human Rights Campaign tracking at least 50 violent deaths in 2021 alone. A new Trevor Project survey shows that a startling 85% of transgender or gender non-binary youth say their mental health has been negatively affected by these legislative attacks.

Anti-transgender content on social media is also a radicalizing issue all by itself. This is in large part because transgender young people are among the most marginalized, voiceless, and defenseless communities in America, and because right-wing arguments play on long-standing misogynistic, racist, and sexist tropes about gender roles.

Anti-Equality Forces Are Spending Big

These bills are the result of a concerted effort by right-wing organizations that have been battling against LGBTQ+ progress for years. Across recent elections, one of the key anti-equality groups working to turn back decades of LGBTQ+ progress has been the American Principles Project (APP). APP and its chief underwriter Sam Fieler have invested millions of dollars in support of anti-LGBTQ+ candidates. In 2020, APP spent more than $2.6 million in ad spending in support of anti-equality candidates. In Virginia in 2021, APP spent at least $300,000 on digital advertising in support of Glenn Youngkin’s gubernatorial campaign.

Restoration PAC, run and funded by major anti-LGBTQ+ bankroller Dick Uihlein, spent at least $1.9 million in advertising across Virginia in support of Youngkin and donated $942,000 to the political arm of anti-abortion group Women Speak Out Virginia. Anti-equality group Free to Learn Action launched a $1 million ad campaign spreading widely debunked anti-transgender misinformation in support of Youngkin’s campaign.

Businesses, Advocacy Groups, and Athletes Oppose Anti-Trans Legislation

More than 150 major U.S. corporations have stood up and spoken out to oppose anti-transgender legislation being proposed in states across the country. Companies like Amazon, American Airlines, Apple, AT&T, AirBnB, Dell, Dow, Google, IBM, Lyft, Marriott, Microsoft, Nike, and PayPal have objected to these bills. Four of the largest U.S. food companies also condemned “dangerous, discriminatory legislation that serves as an attack on LGBTQ+ individuals, particularly transgender and non-binary people,” and the Walton Family Foundation issued a statement expressing “alarm” at the trend of anti-transgender legislation that recently became law in Arkansas.

Many are rightly protective of the legacy of women’s sports in this country, and a robust Title IX is central to that legacy. Importantly, advocates for women and girls in sports – such as the National Women’s Law Center, the Women’s Sports Foundation, Women Leaders in College Sports, and others – support trans-inclusive policies and oppose efforts to exclude transgender students from participating in sports. So do prominent female athletes including Billie Jean King, Megan Rapinoe, and Cheryl Reeve. That’s because while there are real issues facing women’s sports, including a lack of resources devoted to supporting them, transgender participation in athletics is not one of them.

The nation’s leading child health and welfare groups representing more than 7 million youth-serving professionals and more than 1,000 child welfare organizations released an open letter calling for lawmakers in states across the country to oppose dozens of bills that target LGBTQ+ people, and transgender children in particular.

Nearly 550 college athletes have stood up to anti-transgender legislation by demanding the NCAA pull championships from states that have enacted anti-trans sports laws.

Trans Equality Is Popular Across All Demographics

The reality is that however sensational and polarizing this issue may seem, public opinion polling across the country show strong support for trans-inclusive and pro-equality policies:

Recent PRRI data shows a large majority of Americans (82%) favor laws that protect LGBTQ+ people from discrimination in jobs, public accommodations, and housing, and majorities of Republicans (67%), independents (85%), and Democrats (92%) favor nondiscrimination protections for LGBTQ+ Americans.

A PBS/NPR/Marist poll states that 67% of Americans, including 66% of Republicans, oppose the anti-transgender sports ban legislation proliferating across 30 states.

In a 10-swing-state poll conducted by the Human Rights Campaign & Hart Research Group in 2020 showed:

  • At least 60% of Trump voters across each of the 10 swing states say transgender people should be able to live freely and openly.

  • At least 87% of respondents across each of the 10 swing states say transgender people should have equal access to medical care, with many states breaking 90% support

  • When respondents were asked about how they prioritized the importance of banning transgender people from participating in sports as compared to other policy issues, the issue came in dead last, with between 1% and 3% prioritizing the issue.

Another poll conducted by the Human Rights Campaign & Hart Research Group revealed that, with respect to transgender youth participation in sports, the public’s strong inclination is on the side of fairness and equality for transgender student athletes. 73% of voters agree that “sports are important in young people’s lives. Young transgender people should be allowed opportunities to participate in a way that is safe and comfortable for them.”

The Human Rights Campaign is America’s largest civil rights organizations working to achieve equality for lesbian, gay, bisexual, transgender and queer people. HRC envisions a world where LGBTQ people are embraced as full members of society at home, at work and in every community.

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