Chaiya Mohanty Ortiz remembers the moment when her 13-year-old came out as a transgender. She thought that no matter what, she would still love and protect her child.
At the time of her son’s coming out, they were fortunate enough to live in a state without any legislation that could infringe on her transgender son’s rights. But, this is not the case with every transgender youth.
“One thing I know is that I helped create this child. This child is a part of me and whether our child be my son or my daughter, I’m not going to turn my back on this kid,” Ortiz said in a Zoom interview. “I’m not giving up on my child. It doesn’t matter.”
Now, at 23 years old, Ortiz’s son is living in California, which is one of the top five best states to live in as an LGBTQ person, according to the Human Right Campaign’s 2019 State Equality Index. The state only has laws that protect and benefit the LGBTQ community. Particularly as a transgender person, California’s nondiscrimination policies cover their livelihoods unlike many other states which prohibit and restrict transgender individuals from enjoying basic freedoms and rights.
According to the Human Rights Campaign, one of the nation’s largest LGBTQ advocacy groups, over 80 anti-transgender bills have been introduced in the 2021 state legislative session so far. This surpasses the 2020 total of 79 anti-transgender bills introduced.
With this year marking the highest number of anti-transgender bills in history, it has been especially damaging for transgender youth, like Ortiz’s son, given that researchers and medical professionals warn that this group is already at risk for high rates of suicide and depression.
Morgan Conway, a facilitator at the DC Center Trans Support Group, wrote a thesis on transphobia and interventions aimed at changing people’s stance on anti-transgender bills.
In her dissertation, Conway explained how “transgender people and others who live outside of the gender binary are at a disproportionately elevated risk for a host of negative life outcomes such as employment discrimination, living in extreme poverty, and self-harm.”
Conway also said that most people view transgender individuals negatively, which is often the reason transgender or non-binary people do not experience positive living situations, such as a stable income or housing. It is due to this prejudice against transgender people that it is difficult for the community to lead healthy and safe lives, according to Conway.
This cultural prejudice then bleeds into politics and legislation, Conway added. These anti-transgender bills mostly concern two areas: participation in youth sports and gender-affirming medical care for minors.
Evidence shows that trans-inclusive policies in sports do not harm cisgender youth and gender-affirming treatment for young people helps rather than hurt the transgender youth community. However, many Republican state legislators continue to propose and push for bills that put a stop to transgender rights.
In many states, lawmakers introducing these bills are supported by conservative legal groups, such as the Alliance Defending Freedom (ADF). This group helped craft the Idaho law barring transgender girls and women from playing on female high school and college sports teams, which was later struck down in court. Their legal organization has also argued a number of anti-LGBTQ positions in front of the Supreme Court.
The Alliance Defending Freedom group also praised Arkansas Gov. Asa Hutchinson for proposing the “Fairness in Women’s Sports Act” which would prevent transgender girls and women from participating in school, intramural or club sports with their same-gender peers.
“We are grateful that Governor Hutchinson took quick and decisive action to protect women’s sports without bowing to corporate interests,” said Christiana Holcomb, legal counsel for Alliance Defending Freedom, in an email. “The Arkansas law protects female athletes in both high school and college and gives them a legal remedy if their rights are violated. Governors across the country should take note of Governor Hutchinson’s actions and follow suit in protecting women’s sports.”
Holcomb also said that labeling bills that protect women’s sports as being discriminatory is unscientific, anti-woman, and defeats the life-changing benefits that Title IX provides to millions of women and girls every year. Title IX is a civil rights law from 1972 that protects people from discrimination based on sex in education programs or activities that receive federal financial assistance.
Depending on the current presidential administration though, the interpretations of this law vary tremendously.
For example, while the Obama administration was unequivocal about including transgender students under Title IX protection, the Trump administration decided to side with ADF’s position on Title IX and ban transgender participation in same-gender youth sports.
Suzi Gerb, a Maryland school teacher who is an active part of the trans community and trans youth programs in her school district, said these anti-transgender bills that groups like ADF are proposing “really isn’t about fairness. This is about not wanting to share the field with us.”
“It affects you, it’s your own country getting ready to pass a law against you. You know, it doesn’t give you that much hope for the future,” Gerb said in a Zoom call.
Gerb added that the argument of transgender girls having an advantage over cisgender girls is flawed. She said no one seems concerned about the advantage that taller and more muscular girls have over shorter or non-muscular girls in sports, so allowing transgender girls in sports should not be any different.
Amilynn Adams, the vice chair at The Frederick Center in Maryland that serves the LGBTQ community and its allies, agreed with Gerb and also said that this argument about fairness between transgender and cisgender girls is invalid.
“Since when do [Republican legislators] care about women?” Adams said in a Zoom interview. “These Republican controlled state legislations are misguided and want to erase transgender youth.”
As a transgender woman herself, Adams understands the physical, emotional and mental toll anti-transgender bills have on the community.
Adams used to serve for the United States Coast Guard, but then was forced out of the military through coerced retirement because of former President Trump’s reverse on transgender individuals serving openly in the military.
“I was the senior-most openly trans person in all the uniformed services and eventually got forced out,” Adams said. “I am very familiar with the political environment. I was on the track to become an admiral, so it became clear that when Trump won that I was no longer in the running to become a flagged officer because it would have been to the detriment of the organization.”
Adams added that these conservative legal groups, such as ADF, are targeting their anti-transgender bills at transgender youth because this demographic is especially vulnerable. She said that if groups like ADF continue to push for legislation that bans participation in sports and gender-affirming health care, “it’s going to kill kids.”
Trans and gender diverse people have experienced significant marginalization and discrimination in health care settings, according to a BMC Medical Education study. Both Adams and this recent study emphasized how health professionals are generally not adequately prepared to provide appropriate healthcare to trans and gender diverse people.
This makes going to the doctor an even more daunting experience for trans youth, and finding empathetic doctors and nurses critical.
“Gender affirming healthcare is life saving for trans people, especially youth, because of bullying in schools and lack of acceptance. Gender affirming healthcare for me, completely changed my feelings about myself. I didn’t hate myself anymore and could start really loving myself for the first time in my life,” Kayden Ortiz, Chaiya Mohanty Ortiz’s transgender son, wrote in an email.
Ortiz added that he wants to see more gender affirming doctors and medical practices because the fact that a trans individual can be turned away by any doctor is “heartbreaking” to him.
Ortiz’s mother also said that during her son’s coming out, he was deeply depressed and even had suicidal thoughts, but thankfully had the resources to help him through those highly emotional times.
According to a study published by the American Academy of Pediatrics in 2018, more than half of transgender male teens reported attempting suicide in their lifetime, 29.9% of transgender females said they attempted suicide, and 41.8% of non-binary youth stated they attempted suicide at some point in their lives.
One solution to end this epidemic of transgender individuals dying and leading unhealthy lives is to pass the Equality Act in Congress, according to multiple trans and gender diverse advocates.
The Equality Act would provide consistent and explicit non-discrimination protections for LGBTQ people across key areas of life, including employment, housing, credit, education, public spaces and services, federally funded programs and jury service.
Despite successful strides towards LGBTQ rights in this country, queer Americans still lack the basic legal protections in states across the country. This is what the Equality Act aims to fix for this community, said the Human Rights Campaign.
“This is our number one priority,” Laura Brantley, a legislative aide in the Congressional LGBTQ+ Equality Caucus, said over a phone call. “We are absolutely not going to buy into this bigotry. We are not going to buy into the hatred coming from anyone. Equality of us is equality for all and this act has been a long time coming.”