A legal decision has added a major wrinkle to the movement to adopt gender-affirming care bans for transgender youths. It's unclear how it might affect North Dakota's new law, but LGBTQ advocates have taken notice.

This week, a federal judge issued a permanent injunction against a law in Arkansas - the first state to ban such care - declaring it unconstitutional. Earlier this year, North Dakota joined other conservative-led states in adopting their own bans.

Samantha Chapman, advocacy manager at the ACLU of South Dakota, said the court's decision is significant because it sets a legal precedent in challenging these laws. She noted that the judge said Arkansas' defense relied on testimony grounded in ideology, not science.

"There is, I think, more than 300 factual findings included in that ruling," she said, "and a lot of them were about the lack of credibility on the specific subject matter by the state's expert witnesses."

Opponents of gender-affirming care have contended it's too risky for minors, arguing they might regret the decision. However, advocates for trans youths have said these decisions often involve a lot of planning with parents and doctors. Meanwhile, Arkansas officials have said they plan to file an appeal.

Faye Seidler, a suicide-prevention advocate who specializes in LGBTQ populations in North Dakota, said these conversations are complex and it's hard to label all the motivations behind North Dakota's ban, but suggested it too lacked an evidence-driven approach.

"A lot of the in-favor testimony to try to ban care - it didn't seem like it really had a central place it was coming from, at least from a medical or scientific standpoint," she said. "It was just kind of folks putting their feelings out there, about feeling like this was harmful care."

Seidler said opponents of these bans often cite established medical groups, such as the American Medical Association, that lay out research on the importance of this type of care. Meanwhile, she said laws restricting care can be scary not just for trans youth, but their parents, too.

"Regardless of how affirming or accepting or anything that parent is, they're going to know that if their kid is trans, that is going to be, maybe, a pretty tough life," she said. "And there's going to be a lot of things they have to contend with, a lot of things they're going to have to deal with."

She urged families to avoid feeling hopeless and said a good first step is ensuring access to therapy.


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Some New Hampshire businesses and educators say legislation targeting LGBTQ+ students is harming both kids and the state's economy as it faces a critical worker shortage.

More than two hundred businesses recently signed on to a letter to Gov. Chris Sununu saying the steady drumbeat of bills targeting transgender youths in particular is tarnishing the state's reputation.

Michelle Veasey, executive director of New Hampshire Businesses for Social Responsibility, said the bills are shortsighted.

"When our families don't feel comfortable and aren't happy, our employees are moving to other areas," Veasey pointed out. "We felt it was important to help them to understand the economic side of these decisions."

Veasey argued discriminatory policies make it harder for companies to recruit new workers to the state or convince young people to remain in New Hampshire to pursue their careers.

The New Hampshire Senate has advanced legislation to ban transgender girls from playing on girls' sports teams as well as a measure requiring teachers to inform parents about their child's behavior at school.

While the bill does not single out LGBTQ+ students, educators say it would require them to share information regarding a student's gender identity or sexual orientation.

Linds Jakows, communications and digital director for Granite State Progress and 603 Equality, said too often, such students are forced into homelessness by disapproving parents.

"This bill could have really dangerous consequences for students for whom home is not a safe place right now," Jakows emphasized.

Jakows pointed out it meant the world to have a teacher in high school to come out to when it wasn't possible at home and schools should be a safe space for all students. Jakows added forcing teachers to record what they see and hear in the hallways erodes trust among students and could drive more teachers from the profession.

A new study suggests laws in New Mexico and 22 other states to protect school-aged LGBTQ youth are having a positive impact.

According to research by the Trevor Project, suicide attempts in states with specific protections for LGBTQ youth were 18% lower, and physical violence reported by those youth was 3% lower.

Katalina Hadfield, a member of Equality New Mexico's board of directors, said she believes the state's progressive protections are due to a community-centered culture.

"Where folks are really willing to help each other out, and look out for one another," said Hadfield. "And I think that is part of what helps students in a lot New Mexico schools feel more included."

In recent decades, New Mexico has seen prominent advances in gay and lesbian rights, where same-sex sexual activity has been legal since 1975.

Last year, a bill passed in the New Mexico Legislature to remove loopholes - and explicitly include local entities and counties to prevent discrimination and human rights violations.

The Human Rights Campaign says in 2023, more than 550 - a record number - of anti-LGBTQ bills were introduced across 43 states, and more than 80 were passed into law.

Both Florida and Texas are among the top ten for introducing and passing hostile laws.

Hadfield, who grew up in New Mexico, knows several people who have left those states because they feel unwelcome and scared.

"And when you travel there," said Hadfield, "even if you run into some nice people - if you get for some reason wrapped up in the criminal justice system there, or even something as simple as a speeding ticket, you get sucked into this government system that has legislated and made a policy choice to not respect trans people."

Results from the Trevor Project were published in the online journal LGBT Health. The findings are based on responses from more than 27,000 students ages 13 to 24, in 44 states.

After 30 years of championing the rights of LGBTQ+ people, Equality New Mexico has its finger on the pulse of supportive legislation and has made its earliest endorsements ever for the 2024 election.

Marshall Martinez, executive director of the group, said the advocacy organization has come out early for candidates he calls equality "rock stars," those who have demonstrated proactive leadership in the fight for LGBTQ+ issues. He believes New Mexico and a handful of other states serve as models in supportive legislation.

"Queer and trans people deserve to be happy and healthy in the community they live in," Martinez pointed out. "But until we can make that happen at the national level, we want to make sure that those in New Mexico can have that life, and that others folks could consider coming to New Mexico for that life."

Last year the New Mexico Legislature passed the Reproductive and Gender Affirming Health Care bill, protecting individuals who seek such care from discrimination by public bodies.

In addition to LGBTQ+ issues, Martinez said Equality New Mexico also makes endorsements based on legislators' positions on economic policies such as paid family and medical leave. Another issue is abortion access, which he noted has become especially important since the U.S. Supreme Court overturned abortion as a constitutional right in the 2022 Dobbs v. Jackson Women's Health Organization decision.

"First and foremost, we can't rely on the federal government to uphold our protections," Martinez contended. "We will continuously point to the Dobbs decision as an indication that the federal judiciary is no longer the backstop that we used to think it was."

Martinez added the LGBTQ+ rights organization has endorsed 15 candidates for New Mexico's House and Senate seats and expects a second round of endorsements before November.