A chilling new bill in Texas would define the parents of trans kids who consenting to their affirming healthcare as “child abusers”.
Texas Senate Bill 1646 was filed on 11 March, 2021, and is sponsored by 13 Republican state senators.
The bill states that a person will be considered guilty of child abuse by “consenting to or assisting in the administering or supplying of, a puberty suppression prescription drug or cross-sex hormone to a child, other than an intersex child, for the purpose of gender transitioning or gender reassignment” or “performing or consenting to the performance of surgery or another medical procedure on a child, other than an intersex child, for the purpose of gender transitioning or gender reassignment”.
The bill places Texas parents consenting to gender-affirming care for their trans kids alongside those who create child porn, sexually abuse children, give illegal drugs to children and those who facilitate forced child marriages.
Penalties for child abuse in Texas include jail time, fines, and removal of the child.
American Civil Liberties Union (ACLU) staff attorney Chase Strangio wrote on Twitter: “This bill in Texas, SB1646, would remove trans kids from their homes if a parent affirms their gender. Truly barbaric.”
In response, the Texas charity Doctors For Change wrote an open letter to state senator Bryan Hughes, who chairs the Senate State Affairs Committee, condemning the bill and its implications for both parents and healthcare providers.
It wrote that its “more than 1,000 healthcare provider members… vehemently oppose SB1646”.
The letter continued: “We care for Texans of all ages, including transgender and non-binary children, youth, and adults, and we are appalled by the blatant intention of SB1646 to characterise the provision of our compassionate, evidence-based care as ‘child abuse’ and to levy criminal penalties against providers who are putting the health and wellbeing of patients first, as is our duty to do, as well as parents/ guardians who are properly ensuring their children receive necessary care.”
The group also pointed out that because of mandatory reporting of child abuse, the bill would “mandate any healthcare provider report minors receiving certain care which would irreparably damage the trust and confidentiality of patient-provider relationships”.
The White House is not ruling out any legal action being taken in the future against states in which lawmakers are pushing anti-trans laws, including banning transgender athletes from female sports teams.
Press secretary Jen Psaki said Thursday (8 April) that president Joe Bidenwould continue to advocate for LGBT+ rights amid the flurry of new state laws against trans youth. But she stopped short of committing to any legal action against them.
Chris Johnson, the White House correspondent for the Washington Blade, asked Psaki if Biden would “reach out to the attorney general” to begin legal action against states which enacted anti-trans bills. He pointed out that state legislatures had been ‘warned’ that “anti-transgender bills are an illegal form of sex discrimination”.
Johnson specifically cited the actions of the Arkansas legislature, which overrode its governor’s veto to pass an anti-trans healthcare bill. The cruel ban, which passed into law on Tuesday (6 April), makes it illegal for healthcare professionals in Arkansas to offer gender-affirming care like puberty blockers and hormone treatment to trans youth.
Arkansas has also become the second state to ban transgender athletes from female sports teams. Mississippi’s governor has also signed a law banning transgender athletes from girls’ school sports.
Psaki said she can’t “stand here and predict legal action” as the ultimate decision on if action would go forward lies with the Justice Department and attorney general, Merrick Garland. However, she said Joe Biden remains committed to advocating for LGBT+ rights and transgender equality in the US.
“What I can say is that the president’s view is that all persons should receive equal treatment under law, no matter their gender identity or sexual orientation,” Psaki said.
“That’s fundamental to how he will make laws — advocate for laws, I should say; how he will communicate about his views on the rights of transgender individuals in the country; and certainly, you know, what his view is as it relates to any actions by the government.”
In a follow-up question, Johnson asked if Biden would engage in communication with Garland about the anti-trans legislation. Psaki said the president “certainly can”, but she reiterated: “I don’t have anything to predict for you at this time.”
Garland has said he will advocate for stronger protections for trans Americans. In a hearing before the Senate about his nomination to the office of the attorney general, he promised to combat violence against the trans committee, especially Black, trans women, in the US.
He said it was the “job of the Justice Department to stop” the murders of transgender Americans and protect trans youth. Garland said: “It’s clear to me that this kind of hateful activity has to stop, and yes, we need to put resources into it.”
But in the same hearing, Garland dodged questions about bans on transgender athletes being included in girls’ and women’s sports. He declined to comment on questions, saying he hasn’t had the “chance to consider these kinds of issues” in his career.
The NCAA Board of Governors released a statement Monday that it will not host championships in places that discriminate against transgender athletes.
“The NCAA Board of Governors firmly and unequivocally supports the opportunity for transgender student-athletes to compete in college sports. This commitment is grounded in our values of inclusion and fair competition,” the statement read in part.
A spokesperson said the NCAA has not made decisions about specific championships at this point in time but is monitoring the situation.
Heather Hughes, a music and math teacher at a private school in Eureka Springs, Arkansas, said a 16-year-old student pulled out her phone Monday afternoon and announced that Gov. Asa Hutchinson had vetoed a bill that would have banned transgender minors from accessing gender-affirming medical care.
Hughes said it shows that young people understand the national conversation about trans youth, who are the focus of a wave of state bills that seek to restrict their access to transition-related medical care and sports.
“They get that something’s up, and they understand enough to be like, ‘This is a bad idea,’” Hughes said of her students. “They think it’s asinine. They don’t understand why it’s a big deal in the first place, like why bother making these bills, and so then anytime it’s brought up, they’re mostly infuriated.”
Another student, who is 15, talked to Hughes last week about how they wanted to start testosterone soon. But on Tuesday, the Arkansas Legislature overrode Hutchinson’s veto, and the state is now poised to become the first to ban gender-affirming care for trans minors.
The law bans insurance plans from covering or reimbursing the cost of transition-related care for minors, including puberty blockers and hormones. After it takes effect this summer, Hughes’ student won’t be able to use testosterone unless they pay out of pocket, which Hughes said is “not that likely given their situation.”
Heather Hughes.Courtesy Heather Hughes
Hughes, who is also trans, called the Arkansas law “ridiculous” and said it “opens up the door to more restrictions.” She said her doctor informed her that part of the law will also explicitly allow private insurance companies in the state to refuse to cover gender-affirming care for trans people of any age.
“We’re already getting priced out of so many things and already face enough — why make it worse?”
Hughes is one of 17,300 educators in the U.S. and Canada who signed an open letter to President Joe Biden Monday calling on him to do more to directly address the wave of state bills targeting transgender young people. There are currently 20 states that have introduced bills that would prohibit or restrict transition care for trans minors, according to the ACLU, and more than 30 that have introduced measures that would ban trans student athletes from competing on school sports teams that align with their gender identity. According to the Movement Advancement Project, five states — Arkansas, Idaho, Mississippi, Tennessee and South Dakota — have passed such legislation, though a federal judge stopped Idaho’s law from taking effect last August.
Harper Keenan, an assistant professor in the department of curriculum and pedagogy at the University of British Columbia, helped organize the letter.
Keenan taught elementary students in New York City public schools for five years, and said the bills create a dangerous power dynamic. Legislation that bans transgender student athletes from competing on the sports teams that align with their gender identity, for example, positions transgender girls “as predators invading girls’ spaces,” he said.
Harper Keenan.Courtesy Bonnie Chan
“This is a violation of some of our most fundamental responsibilities as educators, which is to support and protect the young people that we work with,” Keenan said. “When we position young people as predators, especially a particular group of young people as predators, we really put them in danger.”
The letter from educators calls on the Biden administration to protect transgender young people’s access to health care, school facilities and activities, and school records and identification that reflects their self-identified gender.
“Anti-trans bills are merely the tip of a much larger iceberg of anti-trans sentiment, gender misunderstandings, and the scapegoating of trans youth that serves to mobilize a conservative base,” the letter states.
The Biden administration did not respond to NBC News’ request for comment on the letter, but an official did confirm that Biden issued an executive order this month stating that Title IX of the Education Amendments of 1972, which protects students at schools receiving public funds from sex-based discrimination, also protects them from discrimination based on gender identity or sexual orientation. The Department of Justice supported Biden’s order in a memo released Monday, which said it interprets Title IX to protect LGBTQ students.
The official also said the Department of Education’s Office of Civil Rights announced on Tuesday that it will conduct a comprehensive review of Title IX regulations to fulfill Biden’s recent executive order.
Lawmakers who support restrictions on trans student athletes have said these measures are necessary to protect cisgender girls’ opportunities in sports. However, legislators in almost all the states considering bans could not cite any known cases where trans girls’ participation in sports caused a problem in their state or region, according to an Associated Press report published last month.
Still, Hutchinson said the state’s ban on trans athletes in sports, which he signed March 25, “will help promote and maintain fairness in women’s sporting events.”
Supporters of the gender-affirming care restrictions argue that they’re protecting minors who are too young to make medical decisions. The sponsor of Arkansas’ recently passed trans health bill, state Rep. Robin Lundstrum, a Republican, compared it to laws that prevent minors from purchasing alcohol until they’re 21.
“They need to get to be 18 before they make those decisions,” Lundstum said, according to The Associated Press.
Some teachers believe the debate over trans minors’ access to care is really a debate over their existence. Elizabeth-Marie Helms, a trans middle school social studies teacher in Fort Wayne, Indiana, said legislators “don’t really have any interest in science-based medicine.” She noted that lawmakers in Indiana, like those in Arkansas, want to ban trans minors’ access to puberty blockers, even though they have long been used to treat precocious puberty in cisgender youth and wouldn’t be banned for cisgender young people.
“I try to teach my students, ‘Listen to others with empathy. Even if you don’t agree with them, try to understand their points of view,’” Helms said. “In these cases at the state level, it’s just really unclear what a sincere approach to these Republican talking points would even look like, because it just nakedly looks like they’re trying to erase trans people.”
Some cisgender educators like Melissa Tracy, who teaches at a high school in Delaware, said they’re worried about the effects of the bills on trans students at school.
“It’s personal for me, because I think of every trans student who has ever sat in my classroom, and, frankly, they deserve better,” she said. “They are not political pawns.”
Tracy said she participated in a workshop 10 years ago that changed her understanding of the needs of LGBTQ youth. The presenter said that 30 to 40 percent of LGBTQ students will experience suicidal ideation. (That number is higher for trans youth: Fifty-two percent reported that they seriously considered suicide from December 2019 to March 2020, according to the Trevor Project’s 2020 National Survey on LGBTQ Youth Mental Health.)
“Since then, I’ve tried to really do right by the students that I teach,” Tracy said.
Several states, including Alabama and Iowa, are considering bills that would force state employees, including teachers, to out students to their parents if they believe a student is questioning their gender. Being forced to “out” a student takes away their agency and jeopardizes one of the few places that some trans youth feel safer, according to Tracy.
“Why wouldn’t we want to do whatever we can to create safe spaces for our students, because, frankly, some of the students that I have taught have not been accepted at home, and literally the only place where they might feel accepted is at school,” she said. “And then you remove that space of acceptance, and they can’t be who they want to be, and that’s just not right.”
Some teachers and advocates say they’re already seeing the national conversation affect trans students.
Julia Cuneo, a youth organizer and educator who helps high school students in Detroit with advocacy campaigns, said a few students have reached out to “express fear and concern” after Republican lawmakers in Michigan introduced a trans athlete ban.
“We have some students who are trans and genderqueer and who are really worried about the ways that their school will target them, and the ways that they won’t be able to express themselves in their classes,” Cuneo, who uses gender neutral pronouns, said. Some students fear their identity could be both disrespected and used against them or that they could be outed.
“They don’t know exactly how this will manifest,” Cuneo said. “The legislators write the law but then it’s kind of up to schools how it gets enforced, and so that uncertainty is really really scary.”
Cuneo said the bills put students and teachers against each other. They said they don’t know of any teachers who openly support Michigan’s athlete ban, but “I’ve definitely talked to teachers who feel like, ‘Well, the law is the law, and I have to do it or I’ll get in trouble.’”
Currently, both teachers and students want to create a safe environment for learning, but if the bills become law, their interests would clash, according to Cuneo.
“I think that’s really the end goal of the GOP in this moment, is to try and put that wedge between supporters and allies, people who are in solidarity with queer people, and the young people who are coming out,” they said.
Tracy said she wonders whether the sponsors of the bills know any trans youth or have spoken with any.
“I guarantee you that if they took even just 10 minutes out of their busy schedule to talk to somebody that perhaps their viewpoint might change,” she said. “Ultimately, I think this is just what I want to tell those legislators: It’s not about you. It’s not about you. It’s about the kids of America. It’s about the kids in your state.”
A devastated same-sex couple say they were turned away from a popular wedding venue “under the guise of Christianity”.
McCae Henderson and Ike Edwards got engaged on Valentine’s Day and began searching for wedding venues in North Carolina. They settled on Highgrove Estate, a romantic estate overlooking Lake Laurel in Fuquay-Varina.
The first red flag came when the couple filled out an intake form on the estate’s website, which only provided spaces for the name of the “bride” and “groom.”
“In the notes section I just said we were a groom and groom,” Edwards told ABC11. “It’s not like we can ignore that and then show up.”
Two days later, their application was refused. A Highgrove Estate employee told them the venue’s owners “have chosen not to participate in same-sex weddings at this time”.
The couple were dismayed by the decision. “Disheartening is the word I would use,” Henderson said. “We had not had anything like this throughout the process or really in our lives.
“This is us. We are gay and we did not choose to be gay,” he continued. “The fact that we don’t have access to things other people do is discrimination in my eyes.
“I think everyone has the right to believe what they want to believe to an extent. I don’t think you get to be racist because your religion tells you to be racist. I don’t think you get to be homophobic because your religion tells you to be homophobic.”
In a statement to ABC11, the venue insisted that it does not discriminate against any people or group as it welcomes LGBT+ employees and vendors.
However, the owners added: “We believe in the sanctity of marriage as God says in the Bible that marriage is between a man and a woman and we choose to honour Him above what the world decides what marriage should be.”
This explanation didn’t fly with Henderson and Edwards. The couple say they have many friends who grew up Christian, and Highgrove Estate’s sentiment isn’t shared by them.
President Biden, unveiling on Friday his initial budget request to Congress in the first year of his administration, called for ramping up funds to beat the HIV/AIDS epidemic in the United States, signaling he’d continue the PrEP-centric initiative that began in the previous administration.
In the preliminary budget request for fiscal year 2022, known in Washington parlance as the “skinny budget” in anticipation of broader request at a later time, Biden seeks an increase of $267 million for Ending the HIV Epidemic, building on the more than $400 million Congress has appropriated for the program since 2019.
As it was launched in the Trump administration, the initiative sought a 90 percent decrease in new incidents of HIV infections across the United States by 2030, although Biden campaigned on beating that goal by five years and ending the domestic HIV epidemic by 2025.
Carl Schmid, executive director of the HIV+Hepatitis Policy Institute, hailed in a statement the proposed increased funds for the initiative, but said it falls short of the amount advocates in the fight against HIV/AIDS were seeking.
“While it falls short of what the community has requested, if this funding is realized it will continue the momentum already created and make further progress in ending HIV in the U.S. Efforts to end HIV will help eradicate an infectious disease that we have been battling for the last 40 years and help correct racial and health inequities in our nation,” Schmid said.
Counterintuitively, Trump had sought more funds to beat HIV/AIDS in his final year in office than Biden has in his first year in office. Last year, President Trump’s budget called for an increase of $412 million for the second year of the initiative for a total of $716 million while Congress settled on an increase of approximately $137 million.
Biden seeks increased funds for HIV/AIDS at a time when advocates in the fight against HIV were at a crossroads at the start of a new administration. Questions had persisted about whether or not the Biden administration would continue the initiative, which was the brainchild of health officials in the Trump administration.
An exorcist has claimed he has “prayed the gay away” from more than 500 LGBT+ people in Pakistan.
Tineenullah Fahad, who works from a clinic above a discount store in the country’s capital, Islamabad, explained to Vice World News that queer people are possessed by lustful demons.
The cure, he claims, is reciting verses from the Quran.
Since 2012, the 35-year-old has been offering so-called spiritual healing on a case-by-case basis. Such treatments include beating LGBT+ people in an effort to expel so-called evil spirits.
Around “60 per cent of the homosexual cases that come to me are the results of black magic and demonic possession,” Fahad claimed, explaining his belief that LGBT+ people are possessed by demons.
In one disturbing case, Fahad “was on top of [a victim] beating him and he had no scars on his body” for “four hours, until two o’clock at night”, he recalled.
Conversion therapists are often considered in Pakistan to be spiritual healers, with no federal laws banning the practice – meaning that such brutal beatings under the guise of spirituality continue.
Types of conversion therapy, UN violence expert Victor Madrigal-Borloz said, range from “beatings, rape, electrocution, forced medication, isolation and confinement, forced nudity, verbal offence [to] humiliation”.
All these atrocities, he said, are “degrading and discriminatory and rooted in the belief that LGBT persons are somehow inferior, and that they must at any cost modify their orientation or identity to remedy that supposed inferiority”.
But to Fahad, homosexuality is nothing more than a symptom of “Ashiq Jinnat” which loosely translates to a kind of demon-lover. To him, this justifies such extreme acts.SPONSORED CONTENT
He believes that a spirit, or a “jinn”, settles into a body to exploit the possessed’s lust – the jinn places people under a spell, which some spiritual healers claim bewitches them into same-sex attraction.
“When Satan was banished from Allah’s darbaar [a ruler’s court] he vowed to take revenge on mankind by making them reject God’s commands so that they fall into such unnatural activities,” he added.
Other anti-LGBT+ penal code provisions compound the climate of religious conservatism that snarls the lives of queer Pakistanis, forcing many to live in secrecy and always be on their guard.
With such looming threats – and an uptick of violence bringing even greater urgency – lawmakers last year announced a long-sought “bill of protection“. As transphobic violence in particular soars, ministers are scrambling to enshrine greater protections for the embattled trans community.
The head of trans healthcare at one of the largest hospitals in the US has reminded the public that puberty blockers are an “incredibly safe” and “reversible” treatment for transgender children.
Dr Joshua Safer, executive director at Mount Sinai’s Center for Transgender Medicine and Surgery in New York City, was speaking to NPR alongside Republican Arkansas governor Asa Hutchinson – who recently tried and failed to veto a bill restricting gender-affirming treatments, including puberty blockers, for under-18s.
“The reason I vetoed the bill,” Hutchinson said, “is because we did not want to interrupt a treatment that the parents had agreed to, the patient agreed to and the physician recommended.”SPONSORED CONTENTWhat’s Huel’s Black Edition?By Huel
Hutchinson was overruled by Republican lawmakers, and Arkansas became the first US state to ban puberty blockers for trans kids. But Safer said that in his medical experience, puberty blockers are a “conservative options and they are reversible”.
“Puberty blockers are used in a number of medical situations, specifically so that hormones can be adjusted to a certain degree, and then they can be stopped, and things will revert to how they were,” he said.
“When we use these medications for transgender kids as well as for kids with precocious puberty, they’re incredibly safe,” Safer added. “That’s the reason why they are the conservative go-to medication for these kids.”
The American Civil Liberties Union (ACLU) is preparing litigation in Arkansas, stating that the anti-trans bill “will drive families, doctors and businesses out of the state and send a terrible and heart-breaking message to the transgender young people who are watching in fear”.
“This is a sad day for Arkansas, but this fight is not over – and we’re in it for the long haul,” said Holly Dickson, executive director of ACLU in Arkansas.
Dozens of similar bills attacking trans people, backed by the anti-abortion Christian law firm Alliance Defending Freedom, are making their way through legislatures across the US.
Malaysia is pushing for Sharia law to be tougher against LGBT+ Muslims even as it makes a bid for a spot on the UN Human Rights Council.
On Tuesday (6 April) the Malaysian government announced plans to move forward with an amendment to the Sharia Courts Act that would allow heavier punishments to be imposed on the LGBT+ community.
The country’s strict Islamic laws already penalise any form of anal or oral sex with up to 20 years in prison and mandatory caning – but ministers want to push it further still.
Religious affairs minister Datuk Zulkifli Mohamad has strongly endorsed the amendment, initially tabled by his deputy, which would drastically increase the maximum sentencing limits Sharia Courts can impose against Sharia offences.
LGBT+ people are “violating the norms” of human behaviour, the minister declared as he defended the proposal.
“We cannot accept such practices. We just need to manage the issue with wisdom, inviting and educating them to return to the right path,” Free Malaysia Today reported him saying.
The government’s insistence on draconian anti-LGBT+ laws was slammed by the Joint Action Group for Gender Equality (JAG), a coalition of 14 women’s rights organisations in Malaysia.
Speaking to Malay Mail, the group reminded Malaysia’s government of its intention to join the UN’s Human Rights Council, a body that opposes everything the Sharia law amendment represents.
“It is ironic that these proposed discriminatory measures – a clear violation of human rights – coincide with the minister of foreign affairs, Datuk Seri Hishamuddin Hussein’s bid for Malaysia’s membership on the United Nations’ Human Rights Council,” they said.
“The government’s decision to move forward with a harsher sentence against Muslim LGBT+ persons would stand at odds with the UN Declaration of Human Rights.
“As such, JAG requests the cabinet of ministers to prevent the proposal from being tabled at the next parliamentary session and to refrain from persecution of the LGBT+ community.”
JAG said it is also concerned that religious affairs minister Zulkifli has openly endorsed government-run conversion therapy programmes by masking it as a softer approach.
The German government has pledged to do more to uphold the rights of lesbian, gay, bisexual, transgender, and intersex (LGBTI) people abroad, Human Rights Watch said today. The commitment is included in its multifaceted strategy for foreign policy and development cooperation, adopted on March 3, 2021.
Among its many goals, the LGBTI Inclusion Strategy aims to further Germany’s role in promoting LGBTI people’s rights at international and regional human rights institutions. It commits Germany’s diplomatic missions to do more to engage in dialogue on LGBTI issues with host countries and, where appropriate, with religious, business, and other sectors. The policy also highlights the importance of monitoring human rights abuses and collaborating closely with civil society.
“The German government’s important policy comes at a time when the Covid-19 pandemic has exacerbated the discrimination that many LGBTI people experience around the world,” said Cristian González Cabrera, LGBT rights researcher at Human Rights Watch. “The policy’s focus on strengthening civil society organizations recognizes the crucial role they play as front-line human rights defenders and the violence and harassment they face for their pro-LGBTI work.”
The policy says that Germany may provide assistance for at-risk activists by raising relevant issues with the host governments, expressing solidarity through official statements where needed, observing trials, and, in urgent circumstances, providing asylum.
In the area of development cooperation, the strategy says that Germany will pay “appropriate attention” to LGBTI rights, including by expanding funding and technical support, capacity building, and networking opportunities for organizations serving LGBTI populations abroad.
As a member of the Equal Rights Coalition, the Global Equality Fund, and the UN LGBTI Core Group, Germany already plays an important role in advocating LGBTI rights abroad, Human Rights Watch said. The LGBTI Inclusion Strategy formalizes and expands upon those activities, including by aiming to streamline LGBTI rights support through “appropriate initial and continuing training measures” for public servants working on foreign policy and development cooperation.
With the adoption of the Inclusion Strategy, Germany joins other countries like the Netherlands, Canada, and Sweden in setting LGBTI rights as a priority in their foreign policy. In February, US President Joe Biden issued a memorandum on advancing the rights of LGBTI and queer people around the world. As Germany is one of the European Union’s most influential members, its added support for a pro-LGBTI foreign policy agenda is significant.
The LGBTI Inclusion Strategy is noteworthy for highlighting the importance of improving access to comprehensive sexuality education, children’s right to age-appropriate learning material that can help foster safe and informed practices when it comes to sexual development, relationships, and safer sex. It can also prevent gender-based violence, gender inequality, sexually transmitted infections, and unintended pregnancies. Expanding access to such information can be a key tool to combat violence and discrimination on the basis of sexual orientation, gender identity, and sex characteristics.
The policy is also significant in noting that “[l]ocal history and the life stories and traditions of LGBTI people, including relevant aspects of mission and colonial history, are essential considerations” in carrying out the policy. A representative of the Hirschfeld-Eddy Foundation told Human Rights Watch that they pushed for the inclusion of these concerns as a way to recognize the nefarious impact of European colonial and missionary interventions on questions of gender and sexuality in certain contexts in the Global South, such as in the case of colonial-era laws criminalizing same-sex conduct.
The implementation of the ambitious LGBTI Inclusion Strategy will require close monitoring in collaboration with civil society in Germany and beyond. The government proposes to evaluate the policy after three years, which may offer an opportunity to identify areas for improvement and expansion.
“Organizations working to advance the rights of LGBTI people worldwide need supportive governments, like Germany’s, to provide moral and material support in the face of national and transnational forces that aim to block or roll back advances,” González said. “Germany has taken an important step toward a holistic human rights-based foreign policy, and the authorities should ensure that the policy will be carried out.”