LGBTQ+ comedians are using humor to dilute fear

Esther Fallick wants her comedy to be an escape from the horrors. But that escape has a purpose: to make it easier to face these times for what they are. By poking fun at something that can feel so heavy, like the president pitting his administration against transgender people, Fallick wants to find ways to bring people together and laugh off the darkness creeping in on everyday life.

“We could be having a little more fun as a community, as a country. I just feel like so much of what we’re talking about as trans people right now is so dire. There’s reason for that, but I just wanted a space to be intentionally silly,” she said. Intentions aside, she still spent the first episode of her podcast — aptly titled, “Having Fun” — joking about fleeing anti-trans violence in America with fellow comedian Ella Yurman. The gallows humor is inescapable.

Her weekly variety show in Brooklyn, titled “While We’re Here,” is also a dark joke: We’re only here, alive and on this planet, for so long. And life is only getting harder. So what should we do in the meantime? Fallick suggests laughter, to start, followed by music, reading and teach-ins on topics ranging from transmisogyny — how trans women are hurt by both misogyny and transphobia — to demilitarizing New York City’s police force, especially in Brooklyn.

“It’s a very balanced breakfast,” she said — one that’s meant to nourish a community in the crosshairs of powerful political forces.

Fallick is one of many trans and queer comedians whose stars are rising at a time when LGBTQ+ rights are in peril across the United States. Trans people are being personally singled out by the Trump administration and depicted in a negative light, or even as anti-American, as part of a broader effort to deny them legal rights. LGBTQ+ teachers, parents and out trans people are frequent targets of right-wing harassment campaigns. After years of rising political attacks, the future of LGBTQ+ rights in America is so uncertain that more people are considering leaving the country, or have already left.

Fallick, a trans woman, knows the future is bleak. It feels like the government wants to make trans people afraid to leave the house, she said. Through policy, trans people are essentially being told to hide or shy away from the public eye.

“I’m dissociating just talking to you, because it’s so bleak. But it’s happening, and trans people are going to die, and they don’t care,” she said. “Humor helps us look at it. It’s a bit of a Novocaine, so we can continue to stare it in the face. We don’t have to look away if we can laugh at it.”

In the last year, Fallick’s approach to comedy has fundamentally changed. Her comedy used to be a plea for understanding. She wanted to build bridges with cisgender women to show them how their womanhood is not so different. She still believes in that idea, but it’s not what she cares about right now. Now, her jokes are angrier — and she has a greater purpose.

“I’m not worried about any cis feelings at all,” she said. “Their attitudes, their feelings, I just don’t really care. Right now I care about trans people, fortifying them emotionally.”

The 19th first spoke with Fallick and three other LGBTQ+ comedians in the summer before President Donald Trump was re-elected. One year later, with Trump now in office, we came back to talk with them again. They shared how they make people laugh when their audiences are both paralyzed and overwhelmed by the state of the world, what it’s like to get on stage when their identity is so politicized, and what it means to be an LGBTQ+ comic during the second Trump administration.

The short answer: It’s a lot of work to make the world seem funny right now, and it can come at a personal cost.

“I wonder if I’m putting a target on my back, by speaking up about certain things,” said Britt Migs, a queer comedian based in New York. As a bisexual woman dating a transgender man, she occasionally writes jokes about the more mystifying or fragile aspects of masculinity. For example, why do some men stuff their jean pockets to the brim instead of just carrying a bag? Why did men go feral in her DMs immediately after she got divorced? And is straight marriage as challenging as Crossfit?

Frequently, cisgender men respond to her jokes with anger. She’s been heckled on stage and online, and she’s used to receiving the same hateful or belligerent comments that all women comics seem to face. Throughout her career, she’s realized that many men simply do not believe that women are smart enough to be comedians — and she wonders what else that belief extends to.

With Trump back in office, thanks in part to young male voters, she’s become more pessimistic about the kind of misogyny that she sees up-close through her comedy.

“It’s crazy that so many Gen Z men are being radicalized. They do not see women as human or they see us as the reason that their lives are not the way that they want it to be. They glorify the ‘tradwife’ thing,” she said. “It’s just setting us back.”

Men are the gatekeepers of her industry, Migs said. Great comics with potential have been ostracized or bullied out of the field because of men with power, she said, including disgraced kings of comedy like Louis C.K., who confirmed in 2017 that the multiple sexual misconduct allegations against him were true. The women who accused him feared career repercussions for speaking out, according to the New York Times.

The sitting president has a long history of sexual misconduct and has been found liable in civil court for sexual abuse, defamation and fraud. None of the criminal charges, indictments or evidence brought against Trump have barred him from office. At this point, Trump’s many scandals as a candidate and politician have been fodder for late night talk shows, radio and podcast hosts, and comedians for nearly a decade. But public ridicule has not forced change — which, for some comics, calls into question whether comedy can truly be used as a tool to afflict the comfortable and comfort the afflicted.

“I do think that Trump broke comedy a little bit. I don’t think that pointing out hypocrisy — they know that they’re hypocritical,” Fallick said. “They don’t care.”

Last September, late-night host Jimmy Kimmel recapped “all the crazy stuff Donald Trump did over the summer,” including selling sneakers themed around his first assassination attempt. John Oliver recently reminded “Last Week Tonight” viewers of when the president appeared to yell at a child mowing the White House lawn, when he asked a 7-year-old girl if she believes in Santa Claus, and more recently, when he used dolls as a metaphor to discuss tariffs.

“All of culture and all of comedy pointed everything that it had at Trump, but it didn’t do anything. He still got in,” Fallick said. “It removed any illusion that, like, ‘The Daily Show’ will save us.”

Meanwhile, on the 2024 campaign trail, Trump sat down to interviews with plenty of conservative male comedians, streamers and podcasters that may have helped him win re-election. To Kai Choyce, a trans comedian based in Los Angeles, right-wing comedians played a key role to getting Trump re-elected — not with their comedy, but by using their enormous platforms to endorse and normalize him.

“Comedy is not changing any legislation, but rich comedians with access to politicians might,” he said.

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A second Trump term would double down on erasing trans rights. How advocates are preparing

This article was originally published by The 19th.

LGBTQ+ advocates are gearing up for a possible second Trump administration by planning future litigation, deepening relationships in Congress and mobilizing voters.

If former president Donald Trump is re-elected, advocacy groups expect him to enact anti-LGBTQ+ policies that are more far-reaching and extreme than those he put in place during his first term — based on his campaign promises and policies suggested by the Heritage Foundation, a conservative think tank that has shaped the GOP’s agenda for decades.

Trump is focused specifically on rolling back transgender rights, as he detailed in a campaign video last year. His proposals would terminate Medicare and Medicaid funding for hospitals that provide gender-affirming care to trans youth, attempt to charge teachers with sex discrimination for affirming students’ gender identities and order federal agencies to “cease all programs that promote the concept of sex and gender transition at any age.” Trump also pledged to ask Congress to halt the use of federal funds to promote or pay for gender-affirming care, without distinguishing between care for adults or minors.

Some of these policies mimic state anti-LGBTQ+ laws, which frequently run into enforcement issues as state agencies tasked with monitoring school bathrooms and classrooms are unable to find consistent ways to carry out restrictive laws. Several of Trump’s proposed anti-trans policies would also require congressional approval. However, as a new report from the American Civil Liberties Union details, even if Trump gains the presidency without Republicans taking power in Congress, he would be able to take action against LGBTQ+ rights on his own — and has said that he plans to.

“We’ve seen over the last several years a militant effort in red states by the government to discriminate against trans folks, in particular, and the broader LGBTQ community, and even to go so far as to try to deny trans people's existence,” said Mike Zamore, national director of policy and governmental affairs at the ACLU. “The danger in the Trump administration is seeing the federal government using its massive reach and resources to do something similar on a national scale.”

The federal government could use its civil rights enforcement capabilities to argue that institutions trying to protect LGBTQ+ rights are violating the rights of people with certain religious beliefs, Zamore said, or it could threaten to withhold funding from universities that receive federal money if they do not discriminate against transgender students.

In the Heritage Foundation’s Project 2025, a purported roadmap of executive actions that a future Republican president could take on various issues — including abortion access — several of the policy suggestions align with Trump’s promises to roll back LGBTQ+ rights. Project 2025 advocates for the deletion of the terms “sexual orientation and gender identity” from all federal rules and for prohibiting teachers from affirming trans students.

One of the more extreme proposals in Project 2025 equates the act of being transgender, or “transgender ideology,” to pornography, and declares that it should be outlawed. The conservative think tank recommends that educators and public librarians who spread the concept of being transgender should be registered as sex offenders, and that telecommunications and technology firms that facilitate the spread of ideas about transgender people should be shuttered.

The ACLU says that a second Trump administration would not be able to implement such a policy without Congress — and that if such a policy did go into effect, using criminal laws to outlaw the concept of being transgender would violate the First Amendment.

Overall, the ACLU expects the federal government under a second Trump presidency to rescind federal regulations that prohibit discrimination on the basis of sexual orientation and gender identity, and to weaponize federal law against transgender people in ways that would also harm cisgender and gender-nonconforming people, by attempting to enforce strict definitions of gender expression.

“This election has huge ramifications for the future of trans rights across the country,” said Josie Caballero, director of voting and elections at Advocates for Trans Equality. “The future is going to be incredibly difficult if we allow for a second Trump presidency. That will have ramifications that will affect the trans community for decades,” she said.

Caballero, a Texas-born granddaughter of Mexican immigrants who is also a military veteran and a queer trans woman, joined other advocates in Congress this week to lobby lawmakers in support of trans rights. If Trump is elected to another term, she believes that deepening relationships in Congress will help. But her focus ahead of the 2024 presidential election is getting as many trans people registered to vote, and ready to vote, as possible.

Building a substantial trans voting bloc is crucial to demonstrate to lawmakers that trans people are a formidable political force, she said; and it provides a concrete way to show how many trans people are getting involved in the political process.

“If you vote against trans issues, well you’re going to lose a massive amount of votes and have those votes go against you,” she said.

Caius Willingham, senior policy advocate at Advocates for Trans Equality, led the organizing for the group’s lobbying on Capitol Hill. Building strong relationships with lawmakers in Congress is key to a unified strategy to fight back against anti-trans attacks expected during a potential Trump 2025 administration, he said. When Congress is functioning properly, it is meant to check presidential overreach — and much of Project 2025 focuses on consolidating presidential power, he said. Project 2025 includes authors from Trump’s former administration and campaign.

“Their aim is to consolidate as much power in the White House as possible, and so it's very key to make sure that Congress remains a vital check. So that's why this is a huge priority for Advocates for Trans Equality,” he said. There are strong allies for trans rights in Congress, he said — like Rep. Pramila Jayapal of Washington, author of a congressional bill that aims to recognize federal protections for transgender Americans.

Caballero met on Wednesday with staff from Massachusetts Democrats in Congress, including Reps. Ayanna Pressley and Katherine Clark and Sens. Ed Markey and Elizabeth Warren. Other staff at Advocates for Trans Equality, as well as the constituents that they brought to meet lawmakers, also met with Republicans in Congress.

“We actually ended up with more than 90 meetings scheduled, and these meetings really ranged the political spectrum. We did not turn down a meeting with a single office,” Willingham said. “We met with Ted Cruz's office. We scheduled something with Mitch McConnell’s office, that one fell through. But we were here and we were happy to meet with anybody who would make the time to listen to us.”

Whether congressional Republicans have been responsive to those meetings remains to be seen. Within the past few years, anti-trans rhetoric and attempted policymaking have only continued to grow on Capitol Hill. But the rising number of federal anti-trans bills introduced by Republicans in Congress have been unable to pass, due to a Democratic-controlled Senate. In November, that could change.

If “a pro-equality opposition” controls either or both chambers of Congress in a second Trump administration, pro-LGBTQ+ members of Congress could still use the appropriations process to hinder Trump’s ability to enact anti-trans laws, the ACLU writes in its report. The appropriations process refers to how the House and Senate fund the federal government, which is often derailed by “riders” — provisions that dictate policy not directly related to the federal budget.

Since many of the anti-LGBTQ+ policies proposed by Trump’s campaign or Project 2025 would violate the Constitution and federal law, the ACLU says that litigation would be a significant part of its response to a second Trump term. As the last few years have seen a dramatic increase of anti-LGBTQ+ rhetoric and laws, the civil rights group has mounted dozens of consequential lawsuits against those policies — and at least a dozen on health care bans within the last year. During Trump’s first term, the ACLU took on the former president’s order to ban trans people from the military amid hundreds of other lawsuits against the former administration.

Although the ACLU is confident in its ability to fight anti-LGBTQ+ policies in court, and several judges appointed by Trump have actually granted wins for LGBTQ+ advocates, the organization says that the political atmosphere has still changed since Trump’s first term.

“Getting courts to understand the experience of transgender people and the impact of discriminatory policies on their lives was difficult even before Trump reshaped the judiciary. It is that much harder now,” the report reads. It was co-authored by Ian Thompson, senior legislative advocate at the ACLU, as well as James Esseks, attorney and project director for the ACLU’s LGBTQ+ HIV Project, and Leslie Cooper, deputy director of the ACLU LGBT & HIV Project.

“What we know is that the courts are not as friendly as they once were,” said Zamore, who contributed to the report. “I don't think any of us can assume that a position that was successful in the first Trump administration would necessarily prevail this go around, but we will obviously be doing everything we can.”

The ACLU is also urging states to act now to prepare for a possible second Trump presidential term. Local elected officials should start planning how to protect their transgender constituents, and states should create funding streams for gender-affirming care to protect access for those who would lose health care without federally funded programs. The organization cites policies created to protect abortion access as examples, like California’s reproductive health equity program and Maryland’s abortion clinical training program.

The ACLU is working with its state affiliates to organize ideas and potentially necessary resources, Zamore said. Under a hostile administration, states with LGBTQ-friendly governments will need to fill in the gaps for access to gender-affirming care while also standing up for their residents, he said.

Trans Americans and parents of trans youth can also prepare by updating their identity documents, said Gillian Branstetter, communications strategist at the ACLU’s women’s rights project and LGBTQ & HIV Project, who also contributed to the report. Approving name changes, updating birth certificates, and filing for a new passport are all steps that should be taken now, she said.

The ACLU’s report aims to communicate a way out if some of these policies are implemented, she said, and to organize LGBTQ+ groups around a common focus.

“We’re not out of options. We are not without power here,” she said.

The 19th is an independent, nonprofit newsroom reporting on gender, politics and policy.

A Kansas Republican voted for a gender-affirming care ban. But then she flipped.

When Kansas state Rep. Susan Concannon learned that the state’s proposed gender-affirming care ban would gut mental health services for kids across the state, she knew she would have to break from her party. Concannon, a Republican who has represented Beloit and the surrounding counties in the Legislature for 11 years, would have to change her vote and oppose the ban.

Two hospitals — Stormont Vail in Topeka and Children’s Mercy in Kansas City — told Concannon and her Republican colleague Rep. Jesse Borjon that if the state banned gender-affirming care for trans youth, they would be forced to halt behavioral and mental health services for at-risk kids. The bill’s language was ambiguous enough to make the hospitals concerned that they would be held liable if they didn’t stop those services.

Concannon had already been in conversations with parents of transgender kids, therapists, and medical providers about the harms of the bill. But she knew she could not allow mental health services for Kansas children to be cut.

“That’s when I just decided somebody needs to take a stand,” she said.

On April 29, Concannon and Borjon, who had both voted for the bill in March, voted against overturning Democratic Gov. Laura Kelly’s veto of the proposed ban on gender-affirming care. Those two votes prevented Republicans from getting the two-thirds majority they needed to overturn Kelly’s veto. Conannon believes it was the right decision — but it has opened her up to more backlash than she expected. She’s received dozens of hate emails and text messages, primarily from people who don’t live in Kansas, alongside messages of gratitude from local clinics and hospitals.

“As you can imagine, I’ve been called everything you can think of,” she said. “But my reasoning is absolutely because I care about these kids. If we’re going to pass a bill like that, we owe it to them to get it right.”

When Concannon took the House floor to explain her vote to her colleagues, she depicted the bill to prevent health care professionals from prescribing puberty blockers and hormone treatment to trans youth as government overreach. She still believes that gender-affirming surgeries should not be performed on minors. Most transgender youth receiving gender-affirming care do not undergo surgery.

“We hear bullying and ask authorities to make it stop. We hear about mental health, about suicide, and ask why. We’re not listening to the impacted youth,” she said. “Government involvement is not the answer. I voted for this bill in the past, due to concerns about the surgery. With further consideration, this bill is vague beyond the surgery. These decisions belong between the team of professionals and the parents.”

Decisions about transgender youth taking hormone therapy and puberty blockers should be left to parents and medical professionals, Concannon told The 19th. And, she said, hospitals have told her surgeries are not being performed on minors in Kansas as part of gender-affirming care.

“As a Republican, I support smaller government and parental rights. This just seems like it goes against core Republican beliefs,” she said.

The bill would have banned hospitals or any other entity that receives state funds from being able to “pay for or subsidize the treatment of children for psychological conditions, including gender dysphoria.” The bill also bans state employees who take care of children from promoting social transitioning, which refers to using new pronouns or wearing new clothes to match one’s gender expression.

Concannon asked the statehouse legislative legal department, which writes bills and drafts amendments, for an opinion on what impact the bill would have on hospitals’ counseling and mental health services. The department agreed that there was enough gray area in the bill to cause potential liability concerns for Kansas hospitals.

The bill’s language also caused social workers and teachers to worry that they would lose their jobs for helping the kids under their care explore their gender identities, the Associated Press reported.

For LGBTQ+ advocates in Kansas, the stakes of allowing the state to pass a gender-affirming care ban were incredibly high — especially because of how many losses LGBTQ+ Kansans took last year.

In 2023, four of Kelly’s five vetoes against anti-transgender bills were overridden by Republican lawmakers, enabling those bills to become law. State lawmakers redefined “sex” to exclude transgender people from nondiscrimination protections, which allowed Kansas to be the first state in the country to ban transgender people from being able to update their driver’s licenses. They also enacted one of the most expansive anti-trans bathroom bans in the country and passed a school sports ban for transgender youths over the governor’s veto.

Concannon voted with her party in support of those bills and to override Kelly’s vetoes, enabling them to become law.

But last year, the state’s gender-affirming care ban failed to gain enough support in the Kansas Senate to overturn Kelly’s veto; which local LGBTQ+ advocates attribute to less political pressure to get a health care ban into law.

After last year’s legislative session, LGBTQ+ advocates felt like underdogs.

Two other Republicans in the state House, Kansas Reps. Mark Schreiber and David Younger, had been against the gender-affirming care bill from the beginning. But to uphold Kelly’s veto, LGBTQ+ advocates needed at least one House Republican to flip their vote.

During April recess, advocates launched a pressure campaign on a list of Kansas House Republicans who they thought could be swayed to change their vote. That list, which included Concannon and Borjon, a legislator since 2021, was eventually narrowed down to 11 target districts.

Advocacy groups bought radio and social media ads and sent mailers and doorknockers out in these Republicans’ districts. They recruited constituents to submit testimony at legislative hearings and speak at news conferences about harms to state employees; brought teachers, medical providers and parents to the statehouse; met directly with House Republicans; and directed volunteer phone banks, trying to connect the lawmakers with constituents.

“This is one of the hardest campaigns I’ve ever worked on. To defeat it, it took everything we had,” said Melissa Stiehler, advocacy director at Loud Light, a Kansas-based organization focused on issues like LGBTQ+ rights and voting rights.

“We felt like we were fighting an uphill battle,” said D.C. Hiegert, LGBTQ+ legal fellow at the ACLU of Kansas. Hiegert said they hoped that work helped to move Republican lawmakers against the gender-affirming care ban. The ultimate goal, they said, was to convey to lawmakers that Kansans did not want this bill to go into law — especially after the number of anti-LGBTQ+ bills that passed last year.

Kansas’ 2024 legislative session has now ended without the passage of any anti-LGBTQ+ bills. One law, meant to shield minors from sexual content online, has been portrayed as anti-LGBTQ+, but local advocates don’t think it will be used to curtail LGBTQ+ content in schools or libraries.

Across other states this year, anti-LGBTQ+ bills have repeatedly failed to become law — in Florida, West Virginia, Georgia, and Kentucky. Like Kansas, Kentucky in 2023 passed one of the most extreme anti-trans laws in the country; this year, Republicans failed to pass anything to restrict LGBTQ+ rights.

Still, reaching that point has not been easy for LGBTQ+ advocates. At one point during this year’s Kansas legislative session, Hiegert and other trans and queer activists were kicked out of a committee hearing while lawmakers debated banning gender-affirming care. And the ACLU of Kansas has legal fights ahead; five transgender Kansas are challenging the state attorney general’s effort to prevent trans people from obtaining accurate gender markers on their driver’s licenses.

“There is a lot of uncertainty and fear when bills like this are being debated in your state. And I think it causes a lot of pain and anxiety and angst in our community. But there’s also beautiful moments of togetherness in the advocacy,” Hiegert said. Those moments at the statehouse after anti-trans bill hearings, when queer and trans Kansans and their loved ones hugged each other, laughed and talked, are the little moments that kept him afloat this year.

For changing her vote and halting a gender-affirming care ban from taking effect in Kansas, Concannon has received messages and emails accusing her of being “despicable,” “evil” and “sick.” She has spent her legislative career trying to make kids safer, working to overhaul the state’s foster care system. The accusations that she’s somehow harming kids have been hard for her to read. They’ve also made her think about the youth who would have been most hurt by the legislation.

“If I’m hearing these kinds of responses from people for a week, I just can’t imagine what these kids have to deal with on a day-to-day basis,” she said.

More states are pushing to stop legally recognizing trans people in public life

This article was originally published by The 19th. Sign up for The 19th's daily newsletter.

States across the country are taking new steps to stop transgender adults and minors from being legally recognized in public life. Proposed legislation would prevent trans people from being able to update driver’s licenses, hold public office, use public restrooms, or take shelter from domestic violence unless they do so according to their sex assigned at birth.

If passed, these laws would require trans people to be misgendered in order to participate in day-to-day life — which increases the risk that they face violence and harassment, or are simply excluded from basic services, advocates say. Such laws are likely to be challenged in court; a route that has repeatedly halted anti-trans laws from going into effect.

Lawmakers in at least 10 states want to implement laws that redefine sex to exclude transgender and nonbinary people from accessing public services and to deny them equal legal protection. Arizona, Illinois, Missouri, Oklahoma, South Carolina, Utah, Virginia, Wyoming are all considering these bills, alongside Indiana and Florida, which have brought forth uniquely far-reaching legislation.

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The core premise of these bills is not new. Many anti-trans laws create restrictions based on separating people — like students, athletes, or other groups — by their sex assigned at birth, and impose penalties if they are not kept separate in public or private spaces. These laws exclude people who live as a gender that is different from the one that they were documented as at birth.

However, the bills filed this month go beyond similar laws enacted last year by redefining sex based on reproductive capacity or “role,” and by attaching that definition to explicit restrictions on identity documents and civil rights that have not been proposed on this scale before.

LGBTQ+ advocates see sex redefinition bills as a clear indication of the ultimate goal of anti-trans legislation: to make it near-impossible for transgender people to safely participate in public life. These bills would also enable further restrictions on transgender rights in ways that could also harm LGBTQ+ and cisgender people, advocates say.

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“These are a new and rapidly evolving area of policy,” said Logan Casey, director of policy research at the Movement Advancement Project, which tracks LGBTQ+ legislation. These kinds of laws only began to emerge last year, and have only continued to grow broader in reach.

Last year, states including Montana, Tennessee and Nebraska either passed legislation to narrowly define sex, or had Republican governors sign executive orders to do so. In Kansas, a campaign by the Republican attorney general led to Kansans being unable to update their birth certificates to reflect their gender identities; his campaign was to get the state to enforce a new law that narrowly defines men and women based on their sex assigned at birth.

Cathryn Oakley, senior director of legal policy at the Human Rights Campaign, the country’s largest LGBTQ+ advocacy organization, expects to see more bills that attempt to redefine sex in the coming year. Such legislation, she said, runs afoul of Bostock v. Clayton County, the 2020 case in which the Supreme Court found gender identity to be a protected class of sex.

Protesters holding transgender pride flags demonstrate in front of the Utah Captiol.Protesters demonstrate against a ban on transgender youth athletes playing on girls teams outside the Capitol in Salt Lake City in March 2022. (Spenser Heaps/The Deseret News/AP)

“By defining sex to be, in their view, consistent with ‘biological sex,’ they are trying to undo the Bostock decision,” Oakley told reporters during a January 18 press call.

So far this year, one of the more extreme examples of a sex redefinition bill is in Florida — which has become an increasingly hostile state for LGBTQ+ people to live in. A bill currently being discussed in Florida’s health and human services committee would drastically change life for the thousands of trans adults and minors who live in the state, on top of restrictions that have kept trans Floridians from accessing gender-affirming care.

The bill under discussion would ban original or replacement driver’s licenses from being issued with gender markers that match one’s gender identity, instead of sex assigned at birth. This is a major departure from state law across the country.

Currently, only one state, Kansas, does not allow driver’s licenses to be updated after someone transitions to another gender. That happened because of the state’s sex definition law.

Harper Seldin, staff attorney for the ACLU’s LGBTQ & HIV Project, said that sex definition bills are the foundational framework for other anti-trans bills.

“I think it’s meant to be the beachhead for those later restrictions,” he said. “These kinds of bills are interrelated, whether they come in a single package or not.”

Florida’s bill would enable the state’s department of motor vehicles to revoke driver’s licenses or identification cards if applicants don’t follow the rules. Updating identification documents to reflect one’s current gender identity is a routine, and crucial, part of transition for many trans people. Without it, trans people face higher risks of violence and harassment, and have more trouble accessing public spaces, according to the Movement Advancement Project.

Florida’s bill would also require that committee members in political parties serve in accordance with the sex listed on their birth certificate, rather than their current gender. It would mandate that anyone applying for a disabled parking permit provide their sex assigned at birth rather than gender identity.

Nikole Parker, a trans woman and chief operating officer of the LGBT+ Center Orlando, said that such laws would negatively affect a lot of trans and nonbinary people — and put them in danger. These bills also attempt to make it sound far-fetched that transgender people have been living in the state with correct identification for years, she said.

“I have had ‘female’ on my documents for 11 years. Am I supposed to revert back now, because we're seeing politics play out? Because it wasn't a problem when I changed it the first time,” she said.

The simple act of walking into a bar could become dangerous for her, without the correct gender marker showing female on her driver’s license.

“If that thing says ‘male,’ and somebody looks at me and looks at that, that just puts a giant target on my back,” Parker said. “And I think that’s the intentionality behind it, is to be able to easily identify who the trans and nonbinary people are in the state.”

Another state has incorporated identity document restrictions into its sex definition bill: Indiana. A recently proposed bill there would require men and women to be identified by their “biological sex” across different areas of the state code — like student housing, voter registration information, opioid treatment programs, hospital discharge notices, and how missing persons are documented. The bill would also require that residents applying for driver’s licenses and other forms of official identification mark their sex assigned at birth instead of their current gender.

Several of these bills include a section that appears to be part of the state’s legal justification. They provide a basic definition of intermediate scrutiny, the standard that courts use to review laws that make classifications based on gender or sex. The proposed bills acknowledge that that standard “forbids unfair discrimination against similarly situated male and female individuals,” but allows the law to make such distinctions when they are “substantially related to important state interests.” The bills argue that it is an important point of state interest to enforce distinctions between the sexes in “areas where biology, safety, or privacy are implicated.”

The purpose of including this legal standard in the law is to bake in a justification for the state to distinguish between sexes in a way that excludes transgender people, Seldin said. It may seem neutral to just reiterate existing law, he said, but it comes alongside a definition of sex that completely excludes transgender people — since these statutes are attempting to redefine sex based on reproductive capacity at birth.

“What it's meant to do is to lay the framework for … anytime the states want to distinguish between sexes and have sex-segregated spaces, that they can force trans people to either be with their birth-assigned sex, which for most trans people is not really an option, or they can not be there at all,” he said.

That’s not an option for many trans people simply due to gender presentation, Seldin said, including himself.

“I live my whole life as a man. Everyone knows me as a man. The idea that I, 17 years into my transition, in my 30s, can go into a women's bathroom, I think would be alarming to me and all the women I found there,” he said.

The language of the current sex definition bills has evolved over time, said Andrew Bales, founder of the Trans Legislation Tracker. For years, Republican lawmakers have attempted to put into law a so-called “biological” definition of what it means to be a woman to pass anti-trans sports bills and bans on gender-affirming care. But more and more frequently, lawmakers are trying to accomplish the same goals by defining sex based on reproductive capacity.

“I often feel like these bills are grasping to find a way to create a definition that can hold solid with what they want to implement,” Bales said. “It does feel like the purpose of the definition is to define trans people out of law, but … it starts to degrade and not hold up.”

Most of the newly proposed sex definition laws would mandate that the legal definition of a woman is someone with a reproductive system that can produce eggs. Such a limited definition ignores the existence of intersex people, many of whom are women, as well as women with conditions like primary ovarian insufficiency. Last year, bills that aimed to redefine sex in various states did not always define men and women based on their reproductive capacity; now, that has apparently become the defining feature of such legislation.

As Rashanna Lee, state policy analyst for the Equality Federation, has been tracking anti-trans bills — including bills that aim to redefine sex — she sees parallels to the bills that she monitored before Roe v. Wade was overturned, during her work in abortion rights.

“Particularly on gender-affirming care, they’re starting to get really tricky and sneaky, similarly to what they were doing with medication abortion,” she said.

Proposing new onerous requirements for health care providers and insurers on gender-affirming care, as Florida’s sex redefinition bill does, is a direct example of lawmakers using the same tactics they did to restrict abortion access, Lee said.

Florida’s proposed sex definition bill would require any health insurance policy issued after July 2024 that covers gender-affirming care to also cover any treatments to help someone detransition. This is an effort to dissuade insurers from covering gender-affirming care at all, Lee and other advocates said, by making it more complicated.

“Some states are trying to push requirements that providers disclose that you can reverse this and that there are certain risks associated with elements of gender-affirming care, and this is straight out of the playbook with what they did with medication abortion access,” Lee said.

More states are including restrictions styled after abortion bans in anti-trans bills, including in sex redefinition bills, Casey said. This is part of a broader trend that started to grow last year, he said: creating obstacles to gender-affirming care by simply making it harder for insurance companies and doctors to afford, instead of banning it outright.

Other kinds of anti-trans legislation that aim to keep trans people from living safely in public are also gaining traction this year, Bales said. In West Virginia, a bill introduced this year would make it a misdemeanor to commit “transgender exposure” to a minor, equating being transgender with exposing a minor to explicit content.

The ACLU and other civil rights groups are tracking a lot of anti-LGBTQ+ legislation this year, and expect another record-shattering year. However, advocates want the community to remember that although a record number of anti-trans bills were introduced last year, the majority of anti-trans bills — hundreds of them — never passed into law.

“The vast majority of these bills have been defeated. And that's been true for many years in a row,” Casey said. “And when they do go into law, we continue to fight them.”

In Florida, the fight against the state’s sex definition bill, alongside other anti-LGBTQ+ legislation, is well under way. Last week, LGBTQ+ Floridians and their families went to the state capitol in Tallahassee to speak with lawmakers as part of an annual lobby day.

“We had 300-something people walking the halls, looking for the legislators who are supposed to represent them,” said Nadine Smith, executive director of Equality Florida, an LGBTQ+ organization. There were plenty of Republicans willing to meet, she said — and in some of them, a recognition that the state is spending another legislative session on spreading hate, instead of addressing everyday issues that matter.

The 19th is an independent, nonprofit newsroom reporting on gender, politics and policy.

‘I’ve been in that room’: How HBO’s ‘The Last of Us’ resonated for a survivor of the AIDS crisis

Originally published by The 19th

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Clark Williams lost his first love, Robert Wisler, in 1994 to AIDS. Wisler died in his arms, and like so many other gay men, he died before the most effective treatments to control the virus destroying his immune system were available — after political indifference stifled early medical efforts.

As Wisler died, the couple were together in his hospital bed, at home, finding refuge with the doors locked to the outside world. Five days before, Wisler had chosen to stop taking treatments that were wrecking his body. Williams knew the decision was an act of love to preserve what time they had left.

“Those last few days were the most beautiful times of our relationship. It was a snowy winter in Milwaukee. Snow was falling, we were isolated in the house,” he said. A home health nurse visited at night. After years of fighting, the end fell on them slowly, with the February snow, and Williams knew there was nowhere else in the world he would rather be. “I just held him, the entire time, for days. I just held him as he continued to weaken.”

Williams was stunned when he saw those final moments with the man he knew to be his husband — and echoes of the life they had built together in a world hostile to those with HIV and AIDS — mirrored, almost 30 years later, in “The Last of Us,” an HBO series chronicling a fungus-driven zombie apocalypse. He watched as two men living through a deadly pandemic decided to trust and love each other in spite of how easily it could all be taken away from them. He watched as they exchanged rings and vows in a world that couldn’t legally recognize their marriage.

“As I'm watching it, I'm like, ‘Oh my god,’ [‘The Last of Us’ co-showrunner] Craig Mazin wrote this piece that just made me feel like someone saw me and Robert,” he said. “Somehow Mazin wrote this piece of art that reflected not just the life that Robert and I had, a falling in love in this dystopian time, but the lives of so many of my friends who also found loves that they loved and lost.”

Clark Williams and his first love, Robert WislerClark Williams and his first love, Robert Wisler

(Courtesy of Clark Williams)


Bill and Frank’s decades-long relationship depicted in HBO’s “The Last of Us” was an unexpected departure from the award-winning video game that inspired the series. In the game, released in 2013, Frank is not even a living character — and he expresses contempt for Bill before dying. Their reimagined story resonated strongly with many LGBTQ+ viewers as a heartfelt homage to queer love found late in life, and in times of uncertainty.

It also struck a chord with some of those who lived through the spread of HIV and AIDS in the 1980s and 90s. Peter Staley, one of the country’s most prominent AIDS activists of that time, called the episode’s metaphor “a gift,” saying that “tears flowed remembering the tender love and bravery gay men summoned when facing death during the plague years” as he watched.

Perry Halkitis, dean of the Rutgers School of Public Health, lived and mourned through those years too. He lost his partner, the Village Voice editor Robert Massa, to complications caused by AIDS at St. Vincent’s hospital in New York City. Halkitis was holding him in his arms as they went to sleep. On that Saturday morning in 1994, Massa woke up and died in his arms.

The relationship between Bill and Frank didn’t resonate with him as a metaphor for those with HIV or AIDs — and Halkitis has spent time documenting the lived experiences of other HIV-positive gay men who survived that era. However, he did find meaning in Bill realizing his own identity once he found the right person. Many men today suppress their sexuality, he said, but still have the ability to love and discover who they really are.

“When he met Frank, he became his authentic self and his life had meaning. And then because his life had meaning, he was afraid to die,” he said.

Nick Offerman and Murray Bartlett playing Bill and Frank in The Last of Us.Nick Offerman and Murray Bartlett playing Bill and Frank in The Last of Us.

(Warner Media)


Williams watched as the character Bill became a caretaker for his partner, Frank — helping him get out of bed, cutting up his food, picking out his pills. He recalled the struggle and profound intimacy of taking care of Wisler as they both did whatever they could to keep him alive. But ultimately, they didn’t have enough time. The fight was taking a physical toll on both of them. Wisler’s health was declining. He chose to let his life end prematurely without the stress of constantly trying to fight what they both knew had become inevitable.

In the latest episode of “The Last of Us,” which aired Sunday, Williams watched as Frank made a similar decision: to end his life. His symptoms from an unspecified degenerative neuromuscular disorder, either multiple sclerosis or early ALS, had left him unable to move, paint, or live how he wanted to live. “Then you will take me by my hand … bring me to our bed … and I will fall asleep in your arms,” Frank tells Bill ahead of time, while asking for his help to have “one more good day.”

Williams remembers his husband’s last moments alive as an unexplained burst of energy, a vital insistence that seemed like he had something to share, if only he could get the words out. He sat up suddenly and yelled “Clark!” several times — not in pain, but as if in amazement.

“Whatever it was, it was remarkable and he wanted to share it with me. And that's when he cast his last breath, was with me holding him and him trying to share something with me. It's a mystery. I hope one day I’ll find out what it was.”

In “The Last of Us,” Bill ends his life alongside Frank, as the two retreat into their bedroom and lock the door to the outside world. Williams recognized that urge to follow a deceased loved one. After his husband died, he had moments where he wanted to end his own life. He felt broken — like he had given everything.

“I didn’t want to face a world without the person I loved the most,” he said. Moving through his grief was messy, confusing and lonely. His father, the first person he came out to, stayed with him in the weeks after Wisler’s death, standing as a witness to his grief and to how much he loved his partner. It took time to put the painful experience in context.

“He did not want to see me end my life. He fought too hard to live for me to end my life,” Williams said. “So I had to figure it out. I had to figure out what my life was going to look like without him. And to allow myself to change.”

Williams has built that new life, the one he believes that Wisler wanted for him, with his husband Jim Moore and his daughter Caroline. And yet, when he watched Bill and Frank retreat into their bedroom to share their last moments together — a private scene that no viewers, or any other characters in the show, are welcome to join — he felt seen.

“I’m glad they didn’t show the end of their lives. … There was no need to. It is so intimate. I guess because I’ve been in that room, I understand what that’s like,” Williams said.

(Courtesy of Clark Williams)


Matthew Rose, who has worked as a health equity and HIV patient advocate for over a decade, felt that the “Last of Us” episode offered a clear depiction of committing to love in the face of death and portrayed a level of queer intimacy not often seen on screen. It laid bare Bill’s awkwardness and tentative vulnerability in expressing feelings for another man seemingly for the first time. As Bill’s partner, Frank, breathed new life into their post-apocalyptic surroundings by sprucing up their barren town and planting strawberries, those small touches became symbols of hope and faith in their relationship that transcended their bleak circumstances.

That such a relationship was between two older men is an important representation of enduring love, or finding love at an older age, Rose said. Depicting that kind of love — wherein two middle-aged gay men find happiness growing old together — was also vital to the showrunners, as Mazin explained on the official companion podcast for “The Last of Us.”

There are many untold stories of those who lived with HIV and AIDS, Williams said. That’s why he believes seeing a love story between two older gay men being told on “The Last of Us” was surprising and compelling for so many.

“To have it be told in such an honest way, that really reflected the dignity of so many of the people I knew who were finding each other during a time of chaos, that’s why it resonated so much with me. The years of the HIV, AIDS pandemic felt dystopian. There was death all around us. There were threats all around us. And yet we were all trying to survive in our own way and trying to find love in our way. And I’m an example of that.”

Williams met Wisler, a “brutally handsome” doctor who had just finished his residency, in Milwaukee in 1990. Because of where they lived, and the times they lived in, coming out as gay or admitting to being HIV-positive meant taking on real risk. Wisler was terrified to share his status; he didn’t disclose it to Williams for a couple weeks after they met. As more time passed, Williams learned that Wisler had received an AIDS diagnosis – his symptoms were worsening. Both of their lives were upended. Williams lost his job after his employer learned of his personal circumstances. After paying out of pocket for the mounting costs of treatments, Wisler eventually used his insurance — which meant his job found out about his condition. He was asked to resign.

They exchanged rings and vows in 1992 — becoming married, although in the eyes of the government, they were little more than roommates — while on vacation in Hawaii.

The stigma that Williams and Wisler experienced was common for many queer men in the early 1990s, experts say — and it was coupled with a lack of comprehensive medical care and slow-moving federal funding to support that care.

“In those early days, before a combination therapy hit, you were waiting to die,” Rose said. Even in the early 1990s, a lack of real treatment options prompted difficult decisions about how to die with dignity, once someone’s quality of life had deteriorated, he said. The initial AZT treatment was toxic and full of side effects. Early on, so-called treatments managed pain, but didn’t offer much more than that, said Lindsey Dawson, director for LGBTQ health policy and associate director for HIV policy at the Kaiser Family Foundation.

The early federal response lagged as the Reagan administration failed to acknowledge the spread of HIV. Change was driven by activists who pushed the Food and Drug Administration (FDA) to accelerate approval pathways for treatment and who pushed the National Institute of Health to conduct more research into the virus, Dawson said. It took until the mid-1990s for real federal funding to be brought to the fight, especially through the Ryan White HIV/AIDS Program. Breakthroughs came with the first FDA-approved protease inhibitor in 1995 and the use of combination therapy as a new standard of care.

Williams was thrilled that these pivotal advancements were healing his friends. It was also gut-wrenching that they came just a few years too late to save Wisler’s life. Halkitis remembers thinking, if only his own partner could have held on for just a bit longer — and what a difference that would have made for everyone else who was playing the same waiting game.

Current treatments now stave off the progression of HIV, preventing or delaying the more advanced stages that invite opportunistic infections, like those that killed Williams’ partner. The understanding that “undetectable = untransmittable” also marks a key turning point in society’s relationship to the virus as a mangeable one.

Although there’s been progress among society’s emotional response to the virus, Halkitis sees regression in state-level policy. Tennessee recently rejected federal funding to combat HIV, and a federal judge in Texas last year ruled that a Christian-owned company does not have to cover preventative HIV drugs under the Affordable Care Act. That ruling sets a scary precedent that could allow employers to discriminate against people who are HIV positive, he said.

When Williams thinks back to meeting Wisler, to making the easy decision to build a relationship with him despite the struggles ahead, he reflects that he was too young to know what the power of grief would do to him. He was in his 20s. He didn’t think Wisler would die — he did everything he could to prevent it. Letting him die equaled failure.

“We all fought really fucking hard in order to live. So there’s no glory in death. I wish death hadn’t come. I’ve got enough rage for the way our government responded in the early days of the epidemic. That many people didn’t have to die,” he said. “There’s no beauty in that. It didn’t have to happen.”

Choosing to move forward, to accept love despite the odds, is part of what made Bill and Frank seem familiar to him.

“Bill had a million reasons not to let Frank inside those gates. You know, a lot of very good reasons. And the same with Frank. He had a ton of reasons to leave,” Clark said. “But they allowed their human nature to love, to find each other, through all of that. And that's how I think Robert and I ended up finding our love … until death do us part.”

How the country’s first openly gay senator is asking GOP colleagues to back marriage equality

Originally published by The 19th

Sen. Tammy Baldwin wants her Republican colleagues to understand the dire consequences of losing access to same-sex marriage.

Baldwin, the country’s first openly gay senator, has taken the lead on trying to convince her colleagues to vote to protect marriage equality — seven years after that right was seemingly settled by the Supreme Court.

“There will be constituents of every senator who take this vote very personally,” Baldwin told The 19th in an interview on Wednesday.

LGBTQ+ advocates and legal experts fear Obergefell v. Hodges, the ruling that secured marriage equality for Americans, could be on the chopping block after the fall of Roe v. Wade.

That’s where Baldwin said she usually starts her appeal.

“I think a number of my colleagues are first questioning the timing of this and so I’m walking through why we’re bringing this up now, in the wake of Roe v. Wade being overturned by the Supreme Court and placing in jeopardy a number of rights and freedoms that were decided based on the same reasoning,” Baldwin said.

Baldwin said she stresses to her colleagues just how important it is for Americans to have certainty in their marriages.

“The idea that you might in the future lose that recognition has huge consequences,” she said. “I think lots of folks think more about the ceremony or the wedding cake than they do the idea that if you are not married, you’re a legal stranger,” she said.

One consequence that’s on Baldwin’s mind: If someone’s spouse or partner gets hospitalized after an accident, being in an unrecognized marriage means having no right to information about their condition or to be at their bedside.

The House took protective action this month, with 47 Republicans backing a Democrat-led bill to repeal the Defense of Marriage Act and require that all states legally recognize LGBTQ+ marriages that take place in other states. This legislation would set up a fail-safe route to marriage equality even if Obergefell is overturned. In the Senate, at least 10 Republicans need to get on board for the bill to succeed.

Democratic Sen. Kyrsten Sinema, plus Republican Sens. Rob Portman, Thom Tillis and Susan Collins have joined Baldwin’s effort to recruit Republican support for the bill. Five Senate Republicans have backed the bill publicly, and Baldwin said on Wednesday that more had have privately expressed their support — inching the total tally “very close” to 10 senators.

But Collins reportedly said on Thursday that the timing of Democrats’ deal on a bill aiming to curb the federal deficit, fight climate change and cut health care costs could jeopardize efforts to win Republican support for the Respect for Marriage Act.

Baldwin said that while sentiments in the Senate toward marriage equality have changed since she was sworn in in 2013, especially since more of her GOP colleagues know LGBTQ+ friends and family directly impacted by their policy positions on it, the chamber has not moved quickly enough to match public opinion.

A record 71 percent of Americans now support LGBTQ+ marriage – an indicator that has grown year over year.

“Arguably the Senate hasn’t progressed quite as fast as the American public has on this issue, but we’re getting there,” she said.

With the Defense of Marriage Act still on the books, the federal government would not recognize LGBTQ+ marriages if Obergefell is overturned — unless the Respect for Marriage Act is passed.

Twenty-five states have both a constitutional amendment and statute banning marriage for same-sex couples, per the Movement Advancement Project, which tracks LGBTQ+ rights nationally. Five other states ban LGBTQ+ marriage through constitutional amendment, and five more have statute bans.

The bill Baldwin and her colleagues want would offer interstate and federal protections for same-sex marriage, although it would still allow states to deny couples the ability to marry within their own state if Obergefell were overturned, LGBTQ+ experts told The 19th. Americans would be able to travel to another state to get married and their home state would have to recognize that marriage — but having to travel would still present obstacles to LGBTQ+ people of color and transgender people.

Baldwin hopes the Senate will be able to take up the Respect for Marriage Act for a vote before a month-long recess begins on August 8.

Until then, she’ll keep appealing to her colleagues — which sometimes involves invoking their personal relationships with LGBTQ+ people in their lives, although that’s not where she typically starts the conversation.

“We’re very close to 10, which is what we need to overcome a filibuster in the Senate. But I think I will keep on going beyond 10, just as extra insurance,” she said.

10 anti-LGBTQ+ bills impacting students go into effect across six states

Ten anti-LGBTQ+ bills largely focused on sports and education restrictions are going into effect today across six states — Alabama, Florida, Indiana, South Dakota, Tennessee, and Utah. Two of the most prominent bills are one in Florida restricting classroom discussion of gender and sexuality, dubbed “Don’t Say Gay” by opponents, and a bathroom bill in Alabama that was amended to include its own education restrictions.

Collectively, the bills build toward an atmosphere of silence around LGBTQ+ people and restrict how LGBTQ+ youth can learn about themselves and participate at school, advocates say.

National LGBTQ+ advocates are especially concerned that more bills restricting classroom discussions on sexual orientation and gender identity are being passed into law.

“These curriculum censorship bills hurt me the most,” said Vivian Topping, director of advocacy and civic engagement of the Equality Federation, a coalition of state LGBTQ+ organizations.

It is already hard enough for transgender and LGBTQ+ youth to see themselves reflected in the culture or in the academic materials they’re learning from, Topping said — and harder still for LGBTQ+ youth to simply go to school if they are getting bullied. Taking away the ability for students to talk with teachers about their identity or learn about queer communities in school may hamper their ability to dream of a future with people like them in it.

Sam Ames, director of advocacy and government affairs at LGBTQ+ suicide prevention organization the Trevor Project, is particularly worried about Alabama’s bathroom bill, which includes an amendment seemingly styled after Florida’s “Don’t Say Gay” law.

Alabama’s bill passed with an amendment that prohibits public schools from teaching or allowing classroom discussion on gender identity and sexual orientation for students in kindergarten through fifth grade. The bill was sent to Gov. Kay Ivey’s desk on the last day of the state’s legislative session in an 11th-hour move that shocked the state’s LGBTQ+ advocates.

“We got this weird Franken-bill, this education bill that is also a bathroom bill. That is one I’m particularly concerned about,” Ames said, noting that LGBTQ+ youth in Alabama will be hit with two restrictions in the same legislation.

Also in Alabama, a federal judge has blocked the state’s separate felony ban against prescribing hormone treatment or puberty-blocking medication to trans youth — but the state’s law still requires school counselors and teachers to alert parents if children come out as trans or gender-nonconforming.

Across the state line, Florida’s “Don’t Say Gay” bill outright bans classroom instruction on sexual orientation or gender identity in kindergarten through third grade — but LGBTQ+ advocacy groups have interpreted the fine print of the bill to also restrict that instruction in grades four through 12. The law states that such instruction cannot take place in a manner that is not age-appropriate or developmentally appropriate for students.

A jury trial for Equality Florida and the National Center for Lesbian Rights’ lawsuit against the state over the “Don’t Say Gay” bill is currently set for February 13 next year. Parties currently have until November of this year to finish exchanging information on witnesses and evidence that they’ll present.

Equality Florida argues that the ripple effect of this legislation has already expanded beyond the classroom: A Florida high school class president was prevented from talking about his experience as a gay student in May, and some Florida teachers have reported being told to take down Pride flags (a trend that surfaced last year among teachers in other states as well).

Anita Carson, a former sixth-grade science teacher in Florida, told reporters on a Friday press call hosted by Equality Florida that the “Don’t Say Gay” bill is one reason she resigned from teaching about a month ago — after spending 12 years in the profession.

“I could not see myself in a classroom where I could not support students in the best way possible,” she said. “This law prevents that.”

Conversations around education have grown “increasingly toxic” in the state, she said, pointing to the “Don’t Say Gay” bill and the “Stop Woke Act” — a law setting boundaries on discussions of race that also went into effect on Friday. Teachers have been accused of trying to harm kids while doing their jobs, she said.

“It’s already a hard job. And if you add to that this very toxic narrative surrounding what we do and why we do it, it’s untenable,” she said.

Dempsey Jara, who is trans and will soon enter fifth grade, told reporters on the call that she doesn’t feel safe in school with the bills that Florida has passed. Jara’s mom said that she feels the bills seek to hide and invalidate her child’s existence.

In South Dakota, an anti-trans sports bill and bill limiting classroom discussion on race, sex and ethnicity that advocates say would also affect LGBTQ+ students are going into effect on Friday.

Jett Jonelis, the ACLU of South Dakota’s advocacy manager, said the vagueness of the bill’s language — and how it defines “divisive concepts” that schools should not direct students to affirm — could especially restrict discussions on two-spirit identities. (While being two-spirit means different things to different tribes and Indigenous communities, it broadly refers to gender variation and those who are neither men nor women, who possess both spirits, or who occupy a separate gender identity.)

“It’s very overly broad and it opens the door to a wide variety of dangerous interpretations that would censor free speech and academic freedom,” they said.

Early next month, a Louisiana bill restricting school sports access for trans youth is also expected to go into effect.

Topping warned that a significant amount of confusion may be caused by the enforcement of these laws as they go into effect — whether that’s teachers figuring out how curriculum restrictions work, or how athlete bans would actually be implemented in schools.

“What these bills are encouraging is a culture of censorship and surveillance,” she said. “It’s encouraging people to report on each other.”

Originally published by The 19th.

How political pressure led to shutdown of Texas’ largest gender-affirming care program

Leaders of a now-defunct health clinic — known for years as the largest program of its kind for transgender youth in Texas — came under pressure to restrict gender-affirming care from the governor’s office and a state House investigative committee, according to recordings of internal meetings among hospital leadership and staff obtained by The 19th.

Hospital administrators and doctors at GENder Education and Care, Interdisciplinary Support (GENECIS), a state-run medical institution, struggled to reconcile halting care with the knowledge that doing so could severely jeopardize the mental health of their patients, the recordings reflect.

GENECIS, which was jointly run by the University of Texas Southwestern Medical Center and Children’s Medical Center Dallas, quietly closed to new patients in November, with all references removed from the Children’s Health website. The 19th obtained nearly five hours of meetings among UT Southwestern leadership and staff, as well as staff and leadership at Children’s Medical Center and GENECIS employees, that took place during 2021 and 2022.

The shuttering of GENECIS is part of Texas officials’ efforts to restrict health care and full access to services for trans youth. Gov. Greg Abbott called three special sessions of the Texas legislature that prioritized anti-trans legislation, pledged to take action against gender-affirming care for trans youth, and has backed the state attorney general’s interpretation that giving puberty suppressing drugs and hormone therapy to trans youth is child abuse. These moves have put multiple parents seeking care for their trans children under investigation by the state. (A state court issued an injunction on Friday evening blocking these investigations.) On a March 2 call with reporters, Abbott’s campaign reportedly described the push to investigate parents of trans kids as a winning issue.

In an emailed statement, a UT Southwestern spokesperson said that hospital leadership was not contacted by the governor himself about GENECIS and its services. When asked if leadership was contacted by the governor’s office, the spokesperson said that inquiries into actions by the governor’s office should be directed there. The governor’s office and Children’s Medical Center Dallas did not respond to requests for comment.

Texas Attorney General Ken Paxton’s nonbinding opinion about gender-affirming care was issued in response to state Rep. Matt Krause, chairman of the Texas House General Investigating Committee, who asked the attorney general last August whether puberty-suppressing drugs and hormone therapy count as child abuse. Krause had also written a letter dated June 30 to the GENECIS clinic, obtained by The 19th, saying that he had begun an inquiry into their work as part of an investigation into gender-affirming care in Texas. Krause did not respond to requests for comment.

The hospital leadership and staff at GENECIS began to discuss the political pressure on the clinic as early as July, according to the recordings, as the Texas investigative committee looked into their work and the governor’s office probed for more information.

Meetings among hospital leadership and staff beginning last summer portray disarray and distress. They worried that halting care could lead to suicides and poor mental health among trans youth in a state with few options.

“How can we minimize the risk of suicidality in patients who could otherwise have come into GENECIS? I think that’s a very high priority,” Dr. Perrin White, director of pediatric endocrinology at UTSW, said at a November meeting.

“We’re taking away the life-saving medical care for the new patients,” one GENECIS employee said in response. “If we’re mitigating suicidality, let’s be clear, it’s because in large part, we’re taking away medical care.”

The GENECIS team was instructed by UT Southwestern leadership in November to stop prescribing hormone treatment and puberty blockers to new patients, several days after the website suddenly came down on November 12. Existing patients were allowed to continue all treatment, but new patients would only be able to access psychiatric evaluation and counseling, and be evaluated for gender dysphoria.

Physicians and staff debated how to maintain some semblance of care for trans youth under their new normal. Several GENECIS staff members raised concerns that the program was not designed to offer psychological care alone — and that the ultimate point of evaluating patients’ mental health is to determine whether they can receive hormone treatment or puberty blockers, considered life-saving care by families of trans kids and many of the physicians who work with them.

Access to hormone therapy and puberty-suppressing drugs, widely recommended by medical authorities, is linked to lower rates of suicidal ideation and improved mental health among trans youth. Kids who received one year of hormone therapy through GENECIS reported small to moderate improvements in symptoms of depression, per research by leaders of the program published in the American Academy of Pediatrics in March 2020.

Evan Singleton, 19, who lives outside Dallas, told The 19th that he believes the gender-affirming care he received through GENECIS — puberty blockers and hormone treatment — saved his life.

“I feel scared and sorry for these kids that can’t get the help that they need,” he said. For him, starting puberty blockers soon after he turned 10 was a relief. His mother, Mela, added that finding a way to halt her son’s puberty afforded her time to learn the best course of action for her child’s future, while halting the extreme emotional distress caused by his puberty.

Another recurring concern discussed among staff was the potential for the clinic, or even individual physicians, to face lawsuits after denying hormone treatment to trans kids while prescribing that same treatment to cisgender kids with precocious puberty.

Although UT Southwestern will not provide puberty blockers and hormone treatment to new patients if they are diagnosed with gender dysphoria, the hospital does provide hormone therapy to patients with precocious puberty, spokesperson Rian Russell said in a statement, pointing to FDA approval as a reason for the discrepancy.

UT Southwestern is tied to Texas officials. The medical center relies on state funding that is approved through the governor’s office. Texas’ governor also appoints members for the governing body for the University of Texas System, pending approval by the state Senate.

Dr. John Warner, the executive vice president of health system affairs at UT Southwestern, referred to that unique pressure faced by UT Southwestern as a state agency in the recorded meetings. A senior leadership official with the Children’s Medical Center also shared that sentiment in a meeting earlier this year. Both men, in addition to White, spoke about pressure and questioning into the GENECIS program by the governor’s office.

Prior to July, the governor’s office had requested information about the clinic with “an expectation that something different would occur,” Warner later told his colleagues in November.

“We weren’t sure what that was going to mean,” he continued in the recorded meeting. “We thought that might mean that portrayed something that would come via this legislative session, so again, we’re fortunate in that it did not, because it gives us a little room to work,” Warner said.

Through the meetings, details of how the governor’s office purportedly reached out to the hospital or what the governor’s office said were not clear.

The 19th independently identified Warner from introductions made for him during a recorded meeting as well as public videos of him speaking professionally. White was also identified independently by The 19th from public videos of him discussing his work. White offered to respond through official channels at UT Southwestern, but the medical center’s press office had not responded as of publication time. Warner did not respond to requests for comment.

“I think people will come after it until it’s gone,” Warner said at the November meeting. During the previous legislative session, the clinic had come under significant pressure from state legislators, plus scrutiny from the governor’s office, he said.

Although Abbott’s third special legislative session did not result in the worst-case scenario outlined by Warner — GENECIS being “eliminated entirely” through legislative amendment — he explained to colleagues that he still did not believe the clinic would be allowed to continue without some modifications.

The pressure from Krause, who headed the investigative committee looking into GENECIS, was a precursor of what would come in 2022. In his June 30 letter, Krause had asked the clinic to provide details about their services, including what age groups the clinic treats, what other practitioners the clinic makes referrals to, and for copies of consent forms required of patients. All of these questions were discussed by UT Southwestern leadership and staff in a meeting that summer, with hospital leaders voicing particular concerns about whether the clinic could continue to provide gender-affirming care while beholden to the state.

Over the course of three special sessions from July to October last year, Republicans in Texas introduced nearly 50 bills that proposed to restrict access to gender-affirming care or school sports for trans youth, in addition to a few other bills focused on birth certificates — in total, triple the number of anti-trans bills of any other state in 2021. One restricting trans youth’s sports participation passed.

Then the GENECIS website disappeared.

During meetings in November, attorneys representing UT Southwestern had assured hospital leadership that halting gender-affirming care for new trans patients would not make them liable if faced with a lawsuit.

But physicians and staff with GENECIS still expressed discomfort about what they were being asked to do — and what it would mean for the trans youth they treat.

GENECIS is an early example of a trend unfolding across Texas in the wake of Paxton’s nonbinding opinion: clinics shuttering gender-affirming care for minors in response to state pressure.

Texas Children’s Hospital, a nonprofit hospital in Houston, announced last week it will cease gender-affirming care in response to Abbott’s call to investigate families to avoid “potential criminal legal ramifications” for health care staff and families seeking care, spokesperson Natasha Barrett emailed in a statement.

One parent of a trans child living in Texas, who asked to remain anonymous due to fear of being reported to the state and investigated, told The 19th that the Legacy Community Health in Houston stopped prescribing hormone treatment or puberty blockers for trans minors on Monday, March 1. They could not get access to their son’s testosterone prescription for three days until the clinic resumed prescriptions on Wednesday.

The parent said they weren’t told why the clinic started providing prescriptions again, and that they did not receive any written communication when their son’s prescription was first denied. Legacy Community Health clinic did not respond to requests for comment.

LGBTQ rights supporters protest at the Texas State Capitol.LGBTQ rights supporters gather at the Texas State Capitol to protest state Republican-led efforts to pass anti-trans legislation on the first day of the 87th Legislature’s third special session. (Tamir Kalifa/Getty Images)

Last week, as the Biden administration admonished Texas for its push to investigate the parents of trans youth, the Department of Health and Human Services encouraged health care providers who believe that they have been unlawfully restricted from providing gender-affirming care to patients based on their gender identity to file a complaint with the agency’s office of civil rights.

“We are evaluating the tools at our disposal to protect trans and gender diverse youth in Texas,” HHS Secretary Xavier Becerra said in a statement.

Charis Sharp, a 21-year-old psychology student living in Hawaii, told The 19th that care she received through GENECIS — puberty blockers when she was 12, and then hormone treatment — were a critical lifeline at a time when she was suicidal due to gender dysphoria and discrimination she faced from her peers.

“The fact that they’re no longer allowed to accept new patients, this can have disastrous impacts on these childrens’ mental health, and I know it because that was me,” she said.

Texas' new abortion law just took effect. Here's what it does — and what you need to know

Texas' law banning abortions after six weeks of pregnancy took effect at midnight on September 1. Lawsuits are currently pending, but for now, clinics must comply with the six-week ban. Whole Woman's Health, one abortion provider in the state that was named in the joint plea to the Supreme Court by providers to block the law, was still providing abortions up to 11:59 p.m. Tuesday night, CEO Amy Hagstrom Miller tweeted.

Originally published by The 19th

The law also empowers private citizens to sue anyone they believe may have “aided or abetted" someone getting an abortion after six weeks, which has caused confusion.

Here's what you need to know now that the law has taken effect.

What does this mean for abortion access right now?

The law is currently in effect. There is an exemption for broadly defined medical emergencies, but no exemptions in the law for rape or incest.

If believe you may be pregnant and would want an abortion, you essentially have a two week window — the luteal phase of pregnancy, where early symptoms include food cravings, headaches, bloating and breast tenderness — to seek abortion care.

The pregnancy clock starts by counting back to the person's last menstrual cycle, as The 19th's Shefali Luthra explained earlier this year. A typical menstrual cycle is 28 days, or four weeks, though many people have irregular periods. Those factors mean someone might not realize they are pregnant until 30 or 40 days, which is just shy of the six-week deadline.

“This is essentially a ban of almost all abortion in Texas except for those who know pretty immediately that they are pregnant — a physician cannot hear a fetal heartbeat or there is a medical emergency," Rachel Rebouché, a law professor at Temple University and an expert on reproductive rights case law, told The 19th.

Jamila Perritt, an OB/GYN and president of Physicials for Reproductive Health, said the law leaves people seeking abortion care “with very few options."

“Those with resources can try to leave the state to seek care. But this is not an option for most people who do not have the time, money or support needed to travel out of state for care," she said.

“Those with fewer financial resources, Black and Latinx women, young people will bear the brunt of this inequity in access," she continued. “Abortion funds in and outside of Texas have been working around the clock to provide people the support people need to get abortion care."

Are there still pending legal challenges?

Multiple lawsuits, including a challenge by the Center for Reproductive Rights and reproductive health clinics in the state filed last month in Texas' Western District Court, are still pending.

The Supreme Court did not act ahead of the law taking effect Wednesday, but they still could. So far the court has not issued any statements or responded to plaintiffs' requests to block the legislation. The justices do not have a firm deadline to respond, per Bloomberg Law.

The 5th Circuit Court of Appeals' hearing on the Texas law — which was scheduled for Monday — was canceled without explanation.

Rebouché noted over email that the Supreme Court may not be weighing in “because the 5th Circuit allowed the law to go into effect."

Outside of Texas, Perritt said advocates and providers are watching other lawsuits — including the start of oral arguments for the Jackson Women's Health case challenging a 15 week abortion ban in Mississippi, which the Supreme Court is set to take up next term.

So anyone report someone for “aiding and abetting" an abortion?

The law empowers private citizens to sue anyone they believe may have “aided or abetted" someone getting an abortion after six weeks. In a successful lawsuit, the plaintiff would receive at least $10,000 and be reimbursed for legal fees. Defendants would not be entitled to fees.

Family, friends, lawyers, members of the clergy, abortion providers and fundraisers, could all be implicated in potential lawsuits for helping someone in Texas get an abortion, Perritt pointed out.

Texas Right to Life launched a website soon after the law took effect that solicits anonymous reports on how the law may have been violated. The form asks for tipsters to explain how they obtained evidence and what clinic or doctor their evidence relates to.

A Texas Right to Life spokeswoman told NPR on Wednesday that there are currently no imminent lawsuits planned against abortion providers. In Travis County, District Judge Amy Clark Meachum barred the organization from encouraging and filing lawsuits against a Dallas nonprofit, per the Texas Tribune.

This story will be updated.