10 Legal Victories That Mark Progress for Trans and Nonbinary People

These recently passed laws demonstrate the strength and resiliency of the trans community, as well as advocates across the U.S.
A sign that reads TRANS IS BEAUTIFUL
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While recently achieved victories for trans and nonbinary people can get buried in the deluge of endless news reports and hateful tweets, it’s imperative that we take stock of the trans and nonbinary legal victories continuing to happen across the country. We must celebrate every step forward, and take care of one another in advocating for our rights. Like many eloquent people in the LGBTQ+ movement have said: We have been here before.

Queer people have been fighting for our right to exist in public space, to love one another, to build families, to survive plagues, and to thrive for decades. We aren’t backing down and we aren’t going anywhere, no matter how difficult things may get. These 10 laws passed in just the last year demonstrate the strength and resiliency of trans community members and advocates across the U.S., and serve as an important reminder that the only way to get through this difficult period in history is to get through it together.

Vermont Gender Free Restroom Law

This Vermont law, signed by Republican Governor Phil Scott on May 11, 2018, mandates that all single-user restrooms in public spaces in the state be gender-neutral. This important victory will make public restroom access safer and more reliable for trans and nonbinary people visiting or living in Vermont. The law’s passage is also significant because it was supported by the state’s three major political parties, and was signed into law by a Republican Governor who said, “This is especially important for kids in school who face anxiety and bullying while using the restroom.”

 

Washington Law Bans Conversion Therapy

On March 28, Washington became the first state in 2018 to ban conversion therapy for LGBTQ+ youth. Licensed health care providers will not be able to use this so-called “therapy” on nonbinary, gender-nonconforming, or transgender youth specifically. If providers are found in violation of the law, they face sanctions ranging from fines to suspension and license revocation. Unfortunately this law does not apply to non-licensed “counselors” operating as a part of a religious organization, denomination, or church. Regardless of that troubling exception, this law is still a victory, and adds to the momentum against anti-trans practices.

 

New Hampshire Transgender Anti-Discrimination Law

On May 2, 2018, the New Hampshire Senate passed HB 1319, a law that, once signed by Republican Governor Chris Sununu in the coming weeks, will update the state’s anti-discrimination law by adding “gender identity and expression” to protected categories. This is a huge win for nonbinary and transgender people in New England, as New Hampshire was the final state in the area lacking such protections. The law ensures protection from gender identity-based discrimination in employment, housing, and public spaces. The passing of this law marks the first anti-discrimination law victory in any state since 2016, and occurred under a Republican-controlled state government, which could provide guidance for advocates in other red states.

A week after passing HB 1319, the New Hampshire House affirmed the Senate’s vote to pass HB 587, New Hampshire’s ban against conversion therapy for LGBTQ+ youth. This law, to be signed by Governor Chris Sununu, prohibits any licensed counselor from proposing to change a young person’s sexual orientation or gender identity, and subjects licensed professionals to serious penalties for violation of the law. The law states, “New Hampshire has a compelling interest in protecting the physical and psychological well-being of minors, including lesbian, gay, bisexual, and transgender youth, and in protecting its minors against exposure to serious harms caused by sexual orientation change efforts.”

 

Austin, Texas Paid Sick Leave Ordinance

On February 16, 2018, Austin became the first jurisdiction in the South and the first city in Texas to pass a paid sick leave ordinance. This is a victory for all working people, especially low-wage and contract workers, whose employers often fail to provide job security and benefits. But why does it matter for trans and nonbinary people? Well, the ordinance allows for employees to use their sick time to attend to the health of “a close family member,” and a “close family member” is intentionally defined as “an individual whose close association with the employee is the equivalent of a family relationship.” This expansive definition of family is especially important for LGBTQ+ people as our families are often chosen, and not reflected in legal definitions.

 

Anchorage, Alaska Defeats Anti-Trans “Bathroom Bill”

Just a month ago, the trans community and its allies in Anchorage, Alaska fought and won a huge battle for transgender equality by voting down Proposition 1. This was a historic victory, as it was the first time transgender people successfully defeated a ballot initiative. Prop 1 would have required people to use public bathrooms and locker rooms based on their “sex-assigned at birth,” making it nearly impossible for nonbinary and trans people to exist in public spaces. Thankfully, the campaign leaders centered the voices of nonbinary, trans, and gender-nonconforming people, and made great strides in both educating Alaskans and ensuring Anchorage’s anti-discrimination ordinance continues to prohibit gender identity discrimination. While this victory isn’t exactly a trans-affirming law like the others in this piece, it is an incredibly important and symbolic victory to share and celebrate, remembering that when we center and uplift trans and nonbinary people, we win.

 

Illinois Birth Certificate Law

The Illinois Birth Certificate update law HB 1785, went into effect on January 1, 2018, providing transgender and intersex people the right to update the gender marker on their birth certificates free of a surgical requirement. The law was signed by Republican Governor Bruce Rauner without comment on August 25, 2017 and championed by trans advocates across Illinois and the U.S. Illinois is the 15th state to modernize its birth certificate law.

 

California’s LGBT Seniors Bill of Rights

On October 4, 2017, California Governor Jerry Brown signed into law Senate Bill 219, which creates a “bill of rights” protecting LGBTQ+ seniors from discrimination in long-term care facilities. This law creates a model for other states and cities to follow to ensure that LGBTQ+ people are able to age with grace and support in long-term care. This important segment of our community too often remains invisible for fear of mistreatment and does not always have children or other blood family members to rely on for care. Fortunately, this law explicitly protects trans and nonbinary-identified elders by prohibiting discrimination on the basis of gender identity and gender expression, and ensuring that facilities provide inclusive services and care to all elders.

 

California’s Name and Dignity Act

The Name and Dignity Act, written by transgender people currently and formerly incarcerated, was signed into law by California Governor Jerry Brown on October 15, 2017. This legislation makes it possible for transgender people who are currently incarcerated to petition the superior court (rather than falling into an endless loop of bureaucratic prison official approval) for a name and gender marker change, and to have those designations respected while they are incarcerated.

This law eliminates key barriers for successful societal re-entry for transgender and nonbinary people seeking housing, employment, and healthcare — service access points that are often rife with discrimination and harassment for people with inaccurate identity documentation. As a result of this law, transgender and nonbinary people no longer have to wait until their release date to obtain accurate identification.

 

California's Gender Recognition Act

On October 16, 2017, the Gender Recognition Act became the first state law of its kind, providing residents of California the legal right to choose a gender option other than male or female on all official state documentation, including birth certificates. This law also eases the requirements for nonbinary, transgender, and intersex people seeking to update the gender listed on their identity documents. The Gender Recognition Act removes the requirement that trans people must obtain a signed physician’s declaration of their gender, so that one now must only present a personal affidavit affirming their gender identity. This change is incredibly significant, as accessing a gender-affirming and knowledgeable health care provider can be rife with discrimination and harassment, making the task difficult — if not impossible — for many nonbinary and trans people.

 

Carl Charles is a trans attorney currently serving as the Transgender Rights Project Fellow at Lambda Legal. His work focuses on advocacy for trans, GNC, and nonbinary people experiencing discrimination. He has also worked as a staff attorney for the New York City Commission on Human Rights and as a Skadden Fellow at the ACLU LGBT & HIV Project.

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