Thank you for writing this. It is so difficult to separate the probable from the the possible and folks, in my community at least, are going off the deep end. I was waiting patiently for you to post and provide a steadying hand. I don't consider you the final word on the matter (no one is) but we need more thorough analyses like these so we can focus and collectively solve instead of spinning a web of despair.
I'm nowhere near a legal scholar, for clarity--that said, if I can find arguments like this, as a layperson, I can only imagine what real legal fighters will do.
Thanks for another well presented post, Doc; as always you offered both good information and perspective.
A note for those who have not begun their ID change process. Step one is a court order for name change from the state you live in. Just do a search for something like “legal change of name [state].” It took me over five months from the time I submitted my petition in person until my virtual hearing. It just depends how backed up your county’s probate court is. At my brief virtual hearing, I asked the judge if and when I could pick up the document in person at the courthouse. I picked up two originals of the court order the next day and paid something like $20 for four more certified copies which were given to me right then. I’ve only used one or two, but it’s cheap insurance.
The whole ID change process can be a little overwhelming. GLAD has a pro bono service here and my experience could not have been better. https://www.glad.org/id/
One thing they didn’t advise me to do and that isn’t on most lists is to notify the three credit agencies of your name change. Each one, of course, has a slightly different way they want you to do it. This will keep your credit rating from getting messed up.
You discussed HRT, but you did not mention anything related to gender therapy and counseling. Is that something we should be concerned about, or is it largely protected?
Therapy is covered under the ACA by different sections, independent of gender anything, so it should be safe as long as the ACA stands. Regardless of that, as long as the medical necessity standards remain, WPATH Standards of Care 8 say therapy is typically medically necessary for us, so we have yet another independent clause which safeguards those.
So one thing you did not address that I hear just as frequently as the porn route, is what happens they pass a law codifying two genders from birth and retroactively revoke gender marker changes? What is your opinion on the likelihood of this scenario?
Yeah, the feds *only* issue passports and military IDs--everything else is done at the state level. So, in the event that they pass such a law, defining two genders, it'd have effect in the same way that passing a resolution condemning, I dunno, kicking puppies would--purely symbolic.
Me and my family are probably moving to a blue state in late May (can't do it any sooner because my sister is going to graduate from college with a damn-good degree next Spring). But I was thinking "Oh fuck, my orchi appointment is probably going to be up in smoke as it is in a red state." Now I'm not so sure about even that. As for which blue state? Unsure. I got friends in Oakland, CA, but that won't be cheap. I got family (liberal aunts and cousins) in Seattle, WA. But we got plenty of other options...most likely will stay Midwest as that's where the majority of our immediate family and friends are based.
In the meantime, I have the budget to begin a meds stockpile. And within the next week, I'll be filling the paperwork to have my name and gender legally changed. I was hoping to wait until I thought Kamala would win the election, but since that didn't happen, I'm now fast-tracking it before Trump takes office.
As for why I think white liberals stayed home? Two reasons: rage at Gaza and misogynoir.
I mean, just to note: One other way you can do a lot of good is to go for a swing state with strong legal protections, like MI. Here, your vote counts triple, and we've got almost everything the bluest places have.
However, where I'm located, Illinois is literally one town west. And Carbondale (a city that now has a pretty sizable trans community thanks to refugees from Florida moving there because it's much cheaper than Chicago) is about 2 to 3 hours away from where I live....and is also the next-closest place that offers informed consent HRT to my current city.
Thank you so much for your thoughtful, hopeful, but rooted in reality essay.
As a former attorney, with emphasis on the former, I have one concern. Bostock is a Title VII case, about employment. The “on the basis of sex” language is thus only a protection in Titke VII CRA cases, and access to health care is Title VI, which has different language. I think you are right about private employer provided healthcare, as that would be employment-related discrimination…but for ACA marketplace policies, Medicare, and Medicaid, I’m not certain Bostock, et al, would provide any protection and the ACA protections would be the only protection.
I would love to hear more attorneys share their view of how the CRA might apply outside of the employment context. My biggest concern is a hasty and clumsy amendment to the ACA to strip out the protections for trans folk.
Again, many thanks for your thoughtful post. We will not go back!
This is super helpful, because I'm super not a lawyer.
Wouldn't the designation if gender dysphoria as a disability under the ADA, as has been ruled a few times by federal appeals courts, provide us with protection even absent Title VI protections?
This was a very well written, inspiring article!! I genuinely cackled reading the portion about conservatives having to admit trans people are inherently arousing in order to define them as pornographic and I had to explain to my boyfriend what I found so funny. I haven’t laughed while consuming political content since Election Day. So thank you! You have brought me a lot of peace.
Thank you for this, it's inspiring and informative. One quibble--Trump did not completely ignore trans people during his first term. He up and tweeted one day, out of the blue, that he was gonna kick trans people out of the military. It didn't happen because the brass pushed back, but it was a shitshow.
I hope you are right; but living in the glorious bastard of red state Alabama I'm in a quiet panic more or less all the time. My own legislature will be gunning for us come February. We've already had the transphobe of them all Ms. Susan Dubose say she is done with playing nice with us. Its all about birth sex with her and if you were born with a penis you're going to be treated as a man under the law, no ifs, ands. or butts. This f'ing all sucks to say the least. I feel like God has gone AWOL and is giving us the finger.
Definitely made me feel a little better reading this article. I already was wondering if I should start stock piling meds too, just in case. Now I'm sure it's for the best.
I feel everyone should have a buffer on your meds. Aside from the crazy people coming in to power next year, we have seen different supply chain issues pop up the past few years, so better safe than sorry.
Due to a rather fortunate set of circumstances, I was able to accumulate a 6 month stockpile of estrogen patches and a 3 month stockpile of progesterone. I could probably stretch that a bit longer if needed. If you are able to stockpile meds, make sure to rotate your supply to keep it from going bad.
This was shared in a trans parent group and honestly has been the first reassuring thing I’ve read since the election. Thank you for this breakdown and the peace it brings me 🩷
That I am being pulled out of retirement to save my own skin adds to my daily reality aggravation. I do have a longshot as an expat, but medical needs figure heavily.
Thank you - I really needed a little hope today.
Me too.
Thank you for writing this. It is so difficult to separate the probable from the the possible and folks, in my community at least, are going off the deep end. I was waiting patiently for you to post and provide a steadying hand. I don't consider you the final word on the matter (no one is) but we need more thorough analyses like these so we can focus and collectively solve instead of spinning a web of despair.
I'm nowhere near a legal scholar, for clarity--that said, if I can find arguments like this, as a layperson, I can only imagine what real legal fighters will do.
Thanks for another well presented post, Doc; as always you offered both good information and perspective.
A note for those who have not begun their ID change process. Step one is a court order for name change from the state you live in. Just do a search for something like “legal change of name [state].” It took me over five months from the time I submitted my petition in person until my virtual hearing. It just depends how backed up your county’s probate court is. At my brief virtual hearing, I asked the judge if and when I could pick up the document in person at the courthouse. I picked up two originals of the court order the next day and paid something like $20 for four more certified copies which were given to me right then. I’ve only used one or two, but it’s cheap insurance.
The whole ID change process can be a little overwhelming. GLAD has a pro bono service here and my experience could not have been better. https://www.glad.org/id/
One thing they didn’t advise me to do and that isn’t on most lists is to notify the three credit agencies of your name change. Each one, of course, has a slightly different way they want you to do it. This will keep your credit rating from getting messed up.
https://lgbtq-economics.org/2021/03/31/trans-nonbinary-folks-can-start-changing-their-names-on-credit-reports/
https://www.nerdwallet.com/article/finance/how-trans-and-nonbinary-people-can-change-names-on-credit-reports
There’s an expedited service available for your passport update; it’s worth the money if you can manage it.
(My birth certificate update has been in limbo for over five months.)
Stay strong!
Outstanding note!
My pleasure, Doc. Thanks for all you do and heartfelt congratulations on your vow renewal.
You discussed HRT, but you did not mention anything related to gender therapy and counseling. Is that something we should be concerned about, or is it largely protected?
Therapy is covered under the ACA by different sections, independent of gender anything, so it should be safe as long as the ACA stands. Regardless of that, as long as the medical necessity standards remain, WPATH Standards of Care 8 say therapy is typically medically necessary for us, so we have yet another independent clause which safeguards those.
I'm not worried about therapy.
So one thing you did not address that I hear just as frequently as the porn route, is what happens they pass a law codifying two genders from birth and retroactively revoke gender marker changes? What is your opinion on the likelihood of this scenario?
Oh I'm dumb. Nevermind mind, just reread and that was the gist of your state document section. Thanks again for posting!
Yeah, the feds *only* issue passports and military IDs--everything else is done at the state level. So, in the event that they pass such a law, defining two genders, it'd have effect in the same way that passing a resolution condemning, I dunno, kicking puppies would--purely symbolic.
Every time I'm in a rough spot, you release an article and I'm re-energized. Thank you for everything. We've got this!
I'm really glad to be able to help a little. =)
Fuckin' A! We got this!
Me and my family are probably moving to a blue state in late May (can't do it any sooner because my sister is going to graduate from college with a damn-good degree next Spring). But I was thinking "Oh fuck, my orchi appointment is probably going to be up in smoke as it is in a red state." Now I'm not so sure about even that. As for which blue state? Unsure. I got friends in Oakland, CA, but that won't be cheap. I got family (liberal aunts and cousins) in Seattle, WA. But we got plenty of other options...most likely will stay Midwest as that's where the majority of our immediate family and friends are based.
In the meantime, I have the budget to begin a meds stockpile. And within the next week, I'll be filling the paperwork to have my name and gender legally changed. I was hoping to wait until I thought Kamala would win the election, but since that didn't happen, I'm now fast-tracking it before Trump takes office.
As for why I think white liberals stayed home? Two reasons: rage at Gaza and misogynoir.
I mean, just to note: One other way you can do a lot of good is to go for a swing state with strong legal protections, like MI. Here, your vote counts triple, and we've got almost everything the bluest places have.
That is very true.
However, where I'm located, Illinois is literally one town west. And Carbondale (a city that now has a pretty sizable trans community thanks to refugees from Florida moving there because it's much cheaper than Chicago) is about 2 to 3 hours away from where I live....and is also the next-closest place that offers informed consent HRT to my current city.
That's a really good option too!
Thank you so much for your thoughtful, hopeful, but rooted in reality essay.
As a former attorney, with emphasis on the former, I have one concern. Bostock is a Title VII case, about employment. The “on the basis of sex” language is thus only a protection in Titke VII CRA cases, and access to health care is Title VI, which has different language. I think you are right about private employer provided healthcare, as that would be employment-related discrimination…but for ACA marketplace policies, Medicare, and Medicaid, I’m not certain Bostock, et al, would provide any protection and the ACA protections would be the only protection.
I would love to hear more attorneys share their view of how the CRA might apply outside of the employment context. My biggest concern is a hasty and clumsy amendment to the ACA to strip out the protections for trans folk.
Again, many thanks for your thoughtful post. We will not go back!
This is super helpful, because I'm super not a lawyer.
Wouldn't the designation if gender dysphoria as a disability under the ADA, as has been ruled a few times by federal appeals courts, provide us with protection even absent Title VI protections?
This was a very well written, inspiring article!! I genuinely cackled reading the portion about conservatives having to admit trans people are inherently arousing in order to define them as pornographic and I had to explain to my boyfriend what I found so funny. I haven’t laughed while consuming political content since Election Day. So thank you! You have brought me a lot of peace.
Glad I could bring a smile to your face. ☺️
Thank you for this, it's inspiring and informative. One quibble--Trump did not completely ignore trans people during his first term. He up and tweeted one day, out of the blue, that he was gonna kick trans people out of the military. It didn't happen because the brass pushed back, but it was a shitshow.
True and fair. I didn't really count it because, well, Trump says a lot of random shit. I try to ignore it unless he does something about it.
I hope you are right; but living in the glorious bastard of red state Alabama I'm in a quiet panic more or less all the time. My own legislature will be gunning for us come February. We've already had the transphobe of them all Ms. Susan Dubose say she is done with playing nice with us. Its all about birth sex with her and if you were born with a penis you're going to be treated as a man under the law, no ifs, ands. or butts. This f'ing all sucks to say the least. I feel like God has gone AWOL and is giving us the finger.
I hope I am too. I can't live in a world where all hope is lost.
Definitely made me feel a little better reading this article. I already was wondering if I should start stock piling meds too, just in case. Now I'm sure it's for the best.
I feel everyone should have a buffer on your meds. Aside from the crazy people coming in to power next year, we have seen different supply chain issues pop up the past few years, so better safe than sorry.
Due to a rather fortunate set of circumstances, I was able to accumulate a 6 month stockpile of estrogen patches and a 3 month stockpile of progesterone. I could probably stretch that a bit longer if needed. If you are able to stockpile meds, make sure to rotate your supply to keep it from going bad.
Great stuff Doc thank you! I have a bunch of friends that should really read this.
I'm glad. =)
This was shared in a trans parent group and honestly has been the first reassuring thing I’ve read since the election. Thank you for this breakdown and the peace it brings me 🩷
There's plenty to be scared of for sure—but letting the terror win teaches fascists what they can get away with.
We need to know their limits. The terror of things is almost always worse than the reality.
Exceptional and timely read
That I am being pulled out of retirement to save my own skin adds to my daily reality aggravation. I do have a longshot as an expat, but medical needs figure heavily.