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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Advocates for the LGBTQ+ community want Connecticut lawmakers to consider bills that would help address a variety of this community's needs. They include legislation to ensure LGBTQ+ seniors in long-term care facilities aren't discriminated against, and expanding protections under no-fault eviction legislation.
William Ollayos, administrator with the LGBTQ+ Justice and Opportunity Network, noted that the group is also looking for funding to update a needs assessment that was first done in 2021.
"Something like that should be reciprocal and done every couple of years, because community needs change. If you're talking about any marginalized community - queer folks, people of color, immigrants - their needs are going to change year to year. And especially after COVID, we just really need that updated data to inform some of the additional legislation we're talking about," he said.
The current needs assessment finds 69% of people in this community have experienced discrimination. Ollayos said other issues legislators should work on include safe school initiatives that preventing queer kids from being bullied, and mental health care.
While the General Assembly's LGBTQ+ Caucus has grown, competing priorities are expected to be a challenge to passing these bills.
Matthew Blinstrubas, executive director of Equality Connecticut, predicts President-elect Donald Trump's incoming administration and Congress' Republican majority will harm the work they're doing.
"We are always concerned about the federal government maintaining its support for medical services, keeping our schools safe and welcoming, and making sure that our community is not used as a political tool to hold funding hostage," he said.
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A California nonprofit dedicated to helping transgender and gender-nonconforming people find good jobs is looking to expand its mission in 2025, back from the brink of closure last year.
Trans Can Work, based in Los Angeles, shut down last January when its funding fell through and reopened in June thanks to a 3-year grant from the James Irvine Foundation.
Toni Newman, board chair of the group, said the trans community suffers from extremely high rates of unemployment.
"Every American, regardless of who they are -- race, age, and gender -- should be able to get a job in America that they're qualified for and have some type of economic security," Newman contended. "Why are our numbers so high, at 65% living at the poverty level or below? Just because we are different? That's un-American, and it's wrong."
A 2021 study from the McKinsey company found transgender adults are twice as likely as their cisgender peers to be unemployed. When they do find a job, they make 32% less money per year, even with similar or higher education levels. They also found more than half of transgender employees said they are not comfortable being "out" at work. And two-thirds remain in the closet in professional interactions outside their own companies.
Newman noted the job center's goal for 2025 is to place at least 500 clients in new careers.
"We help you with your resume, help you with your clothing, help you to get ready for the interview, get you a laptop if you need a laptop," Newman outlined. "Then walk you into the interview and help place you in the job."
Trans Can Work also receives support from the Transgender, Gender Diverse, and Intersex Wellness and Health Equity Unit of the California Department of Public Health.
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The Nebraska Legislature kicks off its new session a few weeks from today and issues related to gender identity are likely to be part of the mix.
LGBTQ+ advocates said they are in familiar territory, trying to establish a voice in the debate. Last year, a Nebraska bill to ban transgender students from playing school sports consistent with their gender identity narrowly failed. Republican Gov. Jim Pillen said he will try again this year.
Grant Friedman, legal fellow for the ACLU of Nebraska, said anyone opposed should try to set aside time with lawmakers to explain their concerns. From his perspective, Friedman argued policymakers should know other matters need attention.
"Getting folks to realize they're there to make Nebraska a better place for everyone and focus on the issues that need to be dealt with," Friedman urged. "Not kind of these 'fringe' issues that are being blown out of proportion across the country."
With Nebraska's budget on shaky ground and the need to address affordable housing gaps, he said advocates can pinpoint a number of topics they want lawmakers to look at instead. Polls show most Americans oppose transgender restrictions but Republicans' recent campaign messages have found some captive audiences. Backers of the bills said their mission is to protect students and families.
The ACLU is part of a coalition including OutNebraska, serving as a guide for LGBTQ+ individuals navigating a divisive political environment. Friedman emphasized local government is an avenue to push for protections if state and federal lawmakers are not showing a collective interest in advancing the rights of the LGBTQ+ population.
"The three areas in which you tend to see your city protections are going to be workplace, housing and public accommodations," Friedman outlined.
Friedman added they have found some allies among faith leaders willing to push for unity as marginalized communities fall under the political spotlight. Groups like the Trevor Project said bills deemed hostile toward LGBTQ+ populations can have a damaging effect on the mental health of community members.
Disclosure: OutNebraska contributes to our fund for reporting on LGBTQIA Issues, Reproductive Health, and Social Justice. If you would like to help support news in the public interest,
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