Lawmakers in 19 states vow to offer legal refuge for trans youth displaced by Republican hate

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As Daily Kos continues to cover, Republicans are going out of their way to make it difficult, if not impossible, for vulnerable trans youth to survive, much less thrive. We’re seeing conservatives attack trans youth who want to participate in sports teams that align with their gender identity, as well as trans people under 18 who want to access safe, age-appropriate, gender-affirming health care, which research shows can be life-saving. We’re also seeing trans adults attacked by legislation that targets birth certificates and other legal identifying documents. 

For trans youth in particular, a number of states are pushing legislation that would essentially criminalize gender-affirming care. In more than one case, for example, legislation calls for physicians who provide gender-affirming care to face felony charges, and in others, parents or guardians who enable such care could also face charges. In Texas, as we’ve covered in the past, parents of trans youth say they’ve already had investigations from the state on the basis of child abuse charges—simply because they support the trans young people in their home. 

Many families don’t have the resources to move, but some do. That’s why it’s so meaningful to see more than Democratic lawmakers in more than a dozen states trying to offer safe legal refuge for trans youth and families displaced from their homes because of this hateful, discriminatory legislation.

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“We’re sick of just playing defense against what these red states are doing,” Democratic state Sen. Scott Wiener of California told the Associated Press in an interview. “We’re going on offense, we’re going to protect LGBTQ kids and their families and we’re going to build a rainbow wall to protect our community.”

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Wiener is referencing the bill he proposed in March that seeks to make California a refuge state. Since then, lawmakers in both New York state and Minnesota have filed similar legislation.  Democratic lawmakers in West Virginia, Washington, Rhode Island, Vermont, New Mexico, New Hampshire, Michigan, Kentucky, Maine, Kansas, Illinois, Georgia, Florida, Colorado, and Connecticut are hoping to follow suit as well.

Unfortunately, not all of these legislatures are currently in session, so not all of these bills have been filed, but that’s the direction lawmakers are hoping to go in. It’s also fair to point out, unfortunately, that this legislation isn’t likely to pass everywhere, but it’s certainly still worth trying.

To be clear: Trans youth deserve equal rights and protections no matter where they live. No one should have to move in order to have basic safety and access to medical care. It is obscene, unsustainable, and inherently favors people with the most privilege—people who have the funds to up and move, for example, or the job flexibility to do so. Other barriers can include family members with disabilities or other unique medical needs, having more than one child in school, or concerns about immigration or citizenship status. 

It’s also important to keep in mind that people can be happy in any town, city, or state. Happy to have their rights taken away? Of course not. But it is perfectly legitimate to want to live in, say, a rural area, an isolated area, or simply a city or suburb that you enjoy but don’t enjoy the politics of the local or state government. Perhaps you have family ties, close friendships, or it’s where you can get the most for your money.

Again: Maybe you just like it. This is perhaps the simplest point, but it’s valuable in a period where sometimes well-intentioned people encourage marginalized folks to just move—maybe they can’t, and also, maybe they don’t want to. That doesn’t mean they don’t deserve equal rights and protections.

This is true for people of all ages, but especially for young people who may experience additional stresses and burdens by having to change schools and lose support systems. Yes, they might gain safety and legal protections on the one hand, but unfortunately, bullying and harassment can happen anywhere. It’s never an easy choice, and it’s one no one should have to make. And especially not young people whose priorities should be school and getting to know themselves in a safe environment. 

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