Anti-LGBTQ+ Laws and Bills
Claire Madachy '22 Copy Editor
Florida and Texas have both released laws (or addendums to laws) attacking the rights of queer people, specifically queer youth. As someone who is queer myself, it is deeply alarming and scary to watch people just like me be attacked, not by individuals but by two states’ governments. While the laws’ content differs greatly, each will do nothing but harm to the LGBTQ+ population of the states.
On February 23, 2022, Texas Governor Greg Abbott officially directed state agencies to investigate what he called “so-called sex change procedures” as child abuse. He also instructed doctors, nurses, teachers, and other authority figures to report those who they believe may “be in danger” of “these abusive procedures.” Doctors, nurses, teachers and other members of the public are now obligated by law to report trangender kids’ parents to Child Protective Services (CPS).
This law will without a doubt harm trans youth. Trans kids are already at a higher risk for mental health issues such as depression and suicidal thoughts due in large part to the discrimination and hatred they face. 60% of trans youth have self harmed, and trans kids who don’t have their identities respected are 50% more likely to attempt suicide than those who do, according to The Trevor Project. Being forced to stay closeted or risk being taken away from their parents will only exacerbate these issues. Additionally, these clarifications make it very clear that the state of Texas is actively targeting trans people for investigation and aggressive interventions counter to their identities, which only adds to the stigma already surrounding gender non-conforming youth.
“Mandatory reporting” is the legal requirement of those who work with children to report instances and suspicions of abuse to CPS. According to Ms. Pappadeas, one of the counselors at Howard High School, “[Counselors] are mandated that if there are suspicions [of abuse] or something reported, it's a requirement that we have to go ahead and make that report to the authorized people.” The same goes for teachers, and other adults who work with children. Mrs. Pappadeas clarifies that “we are not mandated to report someone’s sexual or gender identity [in Maryland]. That’s not in our guidelines.” While the guidelines vary slightly from county to county and state to state, the main concept is the same: If there is any suspicion of abuse, it must be reported. Because of the clarifications to laws in Texas, any gender-affirming care that a trans child may receive would be considered abuse. The use of the word abuse in this context not only is incredibly transphobic, but also waters down the meaning. Providing gender-affirming care (something that is only meant to help) can now lead to actual abuse: Children being taken away from their parents, put in foster homes where their identity isn’t respected, or where they are constantly misgendered, deadnamed or even actively attacked (verbally or physically) for being trans. In short, children could be taken from loving families and placed in abusive situations, which is antithetical to the reason that Texas created the law in the first place - to save children from the “abuse” of gender-affirming care.
There is hope that this law will not be around for long. The first investigations into families who provide their children with gender-affirming care started on March 1st, and there are already lawsuits. Two parents, who remain anonymous at this point, went to court in Austin to stop the investigation into them providing medical care for their trans daughter, Mary. To them, it wasn’t an option to not provide that care. Mary and her parents believed that if she did not medically transition, her mental health would suffer greatly. Mary’s parents are being investigated for child abuse only because they wanted what was best for Mary and her mental health. And this will hardly be the last case. Gender-affirming medical care can be lifesaving to transgender children.
In addition to the Texas governor’s letter, Florida has been launching its own attack on the rights of LGBTQ+ people in its school over the last couple weeks. Nicknamed the “don’t say gay” bill, an ammendment to an already existing law concerning the rights of parents’ involvement in their children’s education was passed on Februrary 24th. The amendment states that “Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards.” This sends a very clear message to queer people, which is that their identities - their lives - are not appropriate for children. This has been a message queer people have heard time and time again, but it doesn’t make it any less harmful.
Many performative allies have told those in the LGBTQ+ community that things are getting better; that society has become more accepting to queer people and our identities. The laws in Texas and Florida disprove this message. These laws are a step backward for LGBTQ+ rights, acceptance and liberation. Although there has been backlash from the community and its allies, the laws are currently enforceable in both states, and many people will have to suffer the effects and fight in public court to change them. Even if the first person to go to court to fight these laws wins, much harm will have already been done. It is deeply dehumanizing to have to argue one’s identity, to have to argue that they should be able to simply exist without interference. The sacrifice they will have to make is great. The people who will fight in court for their right to exist are fighting a battle on the front-lines, and may be sacrificing themselves along the way. Additionally, similar bills are already being proposed in several other states (Arizona, Alabama, Indiana, Kentucky, Oklahoma, New Hampshire and South Dakota). These laws are going to hurt and kill queer people. There is no doubt about that.
All people, not just those in the LGBTQ+ community, but every single person who cares, has to show their support through protest and writing to our elected representatives. Maryland’s senators are Chris Van Hollen and Ben Cardin, and the representative for Maryalnd’s 7th district (which most of Howard County falls into) is Kweisi Mfume. You can also enter your address into https://mgaleg.maryland.gov/mgawebsite/Members/District to find the representative for your area. Their contact information is easily found, and I ask all of you to write to them. I know I will be.
On February 23, 2022, Texas Governor Greg Abbott officially directed state agencies to investigate what he called “so-called sex change procedures” as child abuse. He also instructed doctors, nurses, teachers, and other authority figures to report those who they believe may “be in danger” of “these abusive procedures.” Doctors, nurses, teachers and other members of the public are now obligated by law to report trangender kids’ parents to Child Protective Services (CPS).
This law will without a doubt harm trans youth. Trans kids are already at a higher risk for mental health issues such as depression and suicidal thoughts due in large part to the discrimination and hatred they face. 60% of trans youth have self harmed, and trans kids who don’t have their identities respected are 50% more likely to attempt suicide than those who do, according to The Trevor Project. Being forced to stay closeted or risk being taken away from their parents will only exacerbate these issues. Additionally, these clarifications make it very clear that the state of Texas is actively targeting trans people for investigation and aggressive interventions counter to their identities, which only adds to the stigma already surrounding gender non-conforming youth.
“Mandatory reporting” is the legal requirement of those who work with children to report instances and suspicions of abuse to CPS. According to Ms. Pappadeas, one of the counselors at Howard High School, “[Counselors] are mandated that if there are suspicions [of abuse] or something reported, it's a requirement that we have to go ahead and make that report to the authorized people.” The same goes for teachers, and other adults who work with children. Mrs. Pappadeas clarifies that “we are not mandated to report someone’s sexual or gender identity [in Maryland]. That’s not in our guidelines.” While the guidelines vary slightly from county to county and state to state, the main concept is the same: If there is any suspicion of abuse, it must be reported. Because of the clarifications to laws in Texas, any gender-affirming care that a trans child may receive would be considered abuse. The use of the word abuse in this context not only is incredibly transphobic, but also waters down the meaning. Providing gender-affirming care (something that is only meant to help) can now lead to actual abuse: Children being taken away from their parents, put in foster homes where their identity isn’t respected, or where they are constantly misgendered, deadnamed or even actively attacked (verbally or physically) for being trans. In short, children could be taken from loving families and placed in abusive situations, which is antithetical to the reason that Texas created the law in the first place - to save children from the “abuse” of gender-affirming care.
There is hope that this law will not be around for long. The first investigations into families who provide their children with gender-affirming care started on March 1st, and there are already lawsuits. Two parents, who remain anonymous at this point, went to court in Austin to stop the investigation into them providing medical care for their trans daughter, Mary. To them, it wasn’t an option to not provide that care. Mary and her parents believed that if she did not medically transition, her mental health would suffer greatly. Mary’s parents are being investigated for child abuse only because they wanted what was best for Mary and her mental health. And this will hardly be the last case. Gender-affirming medical care can be lifesaving to transgender children.
In addition to the Texas governor’s letter, Florida has been launching its own attack on the rights of LGBTQ+ people in its school over the last couple weeks. Nicknamed the “don’t say gay” bill, an ammendment to an already existing law concerning the rights of parents’ involvement in their children’s education was passed on Februrary 24th. The amendment states that “Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards.” This sends a very clear message to queer people, which is that their identities - their lives - are not appropriate for children. This has been a message queer people have heard time and time again, but it doesn’t make it any less harmful.
Many performative allies have told those in the LGBTQ+ community that things are getting better; that society has become more accepting to queer people and our identities. The laws in Texas and Florida disprove this message. These laws are a step backward for LGBTQ+ rights, acceptance and liberation. Although there has been backlash from the community and its allies, the laws are currently enforceable in both states, and many people will have to suffer the effects and fight in public court to change them. Even if the first person to go to court to fight these laws wins, much harm will have already been done. It is deeply dehumanizing to have to argue one’s identity, to have to argue that they should be able to simply exist without interference. The sacrifice they will have to make is great. The people who will fight in court for their right to exist are fighting a battle on the front-lines, and may be sacrificing themselves along the way. Additionally, similar bills are already being proposed in several other states (Arizona, Alabama, Indiana, Kentucky, Oklahoma, New Hampshire and South Dakota). These laws are going to hurt and kill queer people. There is no doubt about that.
All people, not just those in the LGBTQ+ community, but every single person who cares, has to show their support through protest and writing to our elected representatives. Maryland’s senators are Chris Van Hollen and Ben Cardin, and the representative for Maryalnd’s 7th district (which most of Howard County falls into) is Kweisi Mfume. You can also enter your address into https://mgaleg.maryland.gov/mgawebsite/Members/District to find the representative for your area. Their contact information is easily found, and I ask all of you to write to them. I know I will be.
