The Attack On Trans People Is Ramping Up
Sources
“Legislation Dashboard.” TransLash Media, n.d. Accessed April 2, 2026. https://translash.org/projects/legislation-dashboard/.
Lemkin Institute. “Red Flag Alert - Anti-Trans Genocide in the USA - #3.” Accessed April 2, 2026. https://www.lemkininstitute.com/red-flag-alerts/red-flag-alert---anti-trans-genocide-in-the-usa---%233.
Martinez, Alexandra. “Anti-Transgender Legislation Accelerates in Early 2026.” Prism, February 9, 2026. https://prismreports.org/2026/02/09/anti-transgender-bills-2026/.
Opsahl, Robin. “Iowa Governor Signs Bill Repealing Civil Rights Protections for Gender Identity • Stateline.” Stateline, February 28, 2025. https://stateline.org/2025/02/28/iowa-governor-signs-bill-repealing-civil-rights-protections-for-gender-identity/.
Pfannenstiel, Kyle. “Idaho Legislature Passes Bill to Force Teachers, Doctors to out Transgender Minors to Their Parents • Idaho Capital Sun.” Idaho Capital Sun, March 30, 2026. https://idahocapitalsun.com/2026/03/30/idaho-legislature-passes-bill-to-force-teachers-doctors-to-out-transgender-minors-to-their-parents/.
Project 2025 Tracker. “Project 2025 Tracker.” Accessed April 2, 2026. https://project2025.observer/en.
Rodriguez, Mathew. “New Data Shows Vast Majority of Americans Support Trans Rights.” Them, March 31, 2026. https://www.them.us/story/transgender-rights-human-rights-campaign-survey-data-american-support.
Vaca, Aleksandra. “Transitics’ Comprehensive Anti-Trans Political Action & Litigation Map.” Substack newsletter. Transitics, July 29, 2025. https://transitics.substack.com/p/transitics-comprehensive-anti-trans.
Vesoulis, Abby. “Trump’s Executive Order on Mail Voting Is Plainly Unconstitutional.” Politics. Mother Jones, April 1, 2026. https://www.motherjones.com/politics/2026/04/trump-mail-voting-executive-order-elections-save-act/.
Transcript
Hi, it’s Thursday, April 2nd, 2026, you’re tuned into Why, America? I’m your lawyer friend Leeja Miller. In Kentucky, an attempt to declare trans people mentally ill. In Idaho, a bathroom ban that carries a 5 year prison sentence. In Tennessee, an attempt to create a public list of trans people in the state. And that’s just in the last 2 weeks. Today we’re discussing the growing onslaught of anti-trans legislation and other government action to target a community that is already extremely marginalized and continues to be pushed to the margins as our elected officials spend truly shocking amounts of time, energy, and our tax dollars, to try to legislate out of existence a group of people who are literally just trying to live and who represent a tiny fraction of the population.
And whenever I make videos specifically dedicated to trans issues, I don’t know what it is, the algorithm, peoples’ apathy, who knows, they don’t get the views that my other videos do. And I think partially it’s the nature of this style of content creation–where I have to rely on a thumbnail and video title to grab your attention, and peoples’ attention is naturally more grabbed by things that pose a direct threat to them. Which is why in a lot of ways in today’s digital content era Republicans have the upper hand on messaging when it comes to trans issues. When I tell you that the Lemkin Institute for Genocide Prevention has determined that the United States is in the early to middle stages of a genocidal process against trans people, unless you are a trans person, which accounts for a couple percentage points of the total US population, you do not see that headline as an existential threat, no matter how much sympathy you may feel for the trans population. But when Republicans are able to fearmonger their base with threats of trans people attacking them in bathrooms or trans girls competing in high school sports or schools indoctrinating kids with woke gender ideology and doctors performing irreversible surgeries on minors, whether any of it is actually true, that makes the headlines ABOUT the viewer, it makes the threat feel PERSONAL, it doesn’t require you to feel any empathy it just activates your lizard survival brain. Not MY children. Not MY tax dollars. Not in MY bathrooms. And a lot of this anti-trans legislation can be traced of course to the religious right movement of the last century and the anti-gay crusades around the country, but it really saw an uptick beginning in the mid-2010s with increased trans visibility. You had Laverne Cox in Orange is the New Black becoming the first openly trans person to be nominated and win an emmy in an acting category, you had Chelsea Manning’s leak of sensitive documents and transition while going through the legal process and her sentence was commuted by Obama in 2016, and in 2015 Caitlyn Jenner came out publicly as trans and appeared in a 20/20 segment and on the cover of Vanity Fair magazine as the first out trans woman to appear on the cover. And with that progress of course came swift backlash. It was around this same time that the first state bills were introduced and passed banning trans people from using the bathroom that coincides with their gender identity. Far right advocacy groups started doing polling to see what would rile their base up the most to get them to the polls now that abortion was done away with and the whole gay marriage thing really didn’t make people angry like it used to and they found that people were really passionate about trans youth playing sports, especially when asked whether boys should be allowed to compete against girls in sports, and so conservatives ran with this messaging, turning an issue that impacts literally a small handful of kids in the country into a giant part of their campaign platform, which quickly snowballed into the familiar “think of the children” rallying cry that is so popular among conservatives, which then led to questions of children being turned trans in schools, what books are being taught in our schools that need to be banned, why and how are these kids even transitioning to begin with it’s probably the woke teachers and the woke doctors performing perverse medical experiments and irreversable surgeries on children and after a few short years of fearmongering, helped along especially after the pandemic when you had content creators like Chaya Raichik of Libs of TikTok gaining a massive following off fearmongering and scapegoating the LGBTQ community, and we’ve arrived to a place where this small community of marginalized people just trying to live are being used as a scapegoat for all the ills of society–sexual assault, child sex abuse, child grooming, domestic terrorism–you know, all the crimes that are actually far FAR more prevalent on the far right.
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This headline from The Advocate helped inform my reporting on this issue, “Two transgender men sue Kansas government over law voiding driver's licenses.” Using the Ground News browser extension, I can get helpful background information on this publication in one quick glance. To get the big picture, I can click on Full Coverage, which will show me coverage of the same story from publications across the political spectrum.
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In March 2020, Idaho became the first state to bar trans girls from participating in girls sports. In 2021, Arkansas became the first state to enact legislation making it illegal for minors to receive transition medication or surgery. And that legislation was based on model language first used in South Dakota that didn’t pass there but created the framework that was then used nationwide to curb trans rights. The model language was created by lawmakers in cahoots with religious-right affiliated groups. A report from Mother Jones from a few years ago found emails that showed these far right religious groups pushing lawmakers to make their laws more restrictive and to ensure the language was ironclad. Dozens of states followed suit, introducing legislation with language mirroring the original model bill created for South Dakota. And thanks to the far right, there is now a network of disinformation peddlers in content creators and conservative media that instill fear in the far right base. So many of these anti-trans bills, most I would venture to guess, aren’t local grassroots efforts popping up on a state-specific level to address actual concerns within that state, they are model laws created as part of a nationwide, concerted and strategic effort by forces outside of the individual states who want to come in and influence local and state elections, because they understand how powerful state-level efforts can be for changing the nationwide agenda, and that’s exactly what we’ve been seeing with trans rights issues. In 2016 it was some fringe bathroom bills and some red states banning trans girls in sports, and now it's the federal government pushing bunk science, cutting medicaid funding for states and hospitals that provide gender affirming care, forcing trans inmates in federal prisons to detransition, and pushing a violently anti-trans agenda that a decade ago was merely a fringe wedge issue. And this is happening at the same time as younger people are more openly identifying as trans or gender nonconforming–not to say being trans is becoming more prevalent, but simply that young people are more open with their trans identities than in past generations, so we see this growing chasm between the anti-trans bigots on one side and the progressives who openly embrace people with trans and gender nonconforming identities in ways that were unheard of a couple decades ago. So more people are coming out but at a legal and federal level they are becoming more acutely targeted. Not to say they weren’t targeted in the past of course but there are now laws singling out the trans community for especially draconian treatment.
And I’m plagiarizing myself here a bit, I put out an episode two and a half years ago at this point called Why Are Conservatives So Obsessed With Trans Kids? That’s more relevant now than ever, but this is not the first time we’ve seen a fascist dictatorship pay special attention to victimizing trans and gender non-conforming people. A significant number of the books that the Nazis burned during their attempted great cleansing of Germany were part of the library of Jewish sexologist Magnus Hirschfeld, whose Institute of Sexual Studies was the first clinic in the world to provide surgical interventions allowing trans people to live in the bodies they wanted. The institute opened in 1919 and provided care but also sought to dispel shame around same-sex relationships and gender nonconformity, as well as publishing groundbreaking research into trans-affirming care. In 1933, the Institute of Sexual Studies was ransacked by the Nazi Students League and the SA. Hirshfeld was abroad in France at the time of the ransacking where he remained in exile as a gay Jewish man until his death in 1935. The general view on transgender and non-binary identities in the Nazi ideology was that they were mental illnesses that could be cured, and that strict adherence to the gender binary and the procreation of good, strong, German boys and girls was of utmost importance. Sounds kinda familiar, right? Bars, nightclubs, and magazines and publications were raided and shut down. Those trans and gender-nonconforming individuals who were considered “aryan” were forced to undergo conversion therapy, but most were rounded up and sent to concentration camps, entire communities completely wiped out. Nazis relied heavily on reports by private citizens, often neighbors and family members of trans and gender non-conforming individuals, to identify and prosecute trans people. This should also sound familiar as some of the bills we’ll talk about require civilians to come forward and out or sue their trans neighbors. However the exact number of trans and gender non-conforming people who died at the hands of the Nazi regime is unknown.
As I said in my video from two and a half years ago, a century later, white nationalist horror at gender non-conformity and hatred towards trans people remains at the center of far-right movements in the United States. Take a 2021 post on the neo-Nazi blog Occidental Observer by open white supremacist Andrew Joyce, in which he attacked Magnus Hirschfeld’s work, claiming that “Love as a concept was altered and weaponized by Hirschfeld, who imbued it with transcendental and cosmic qualities in an effort to distance it as much as possible from biological, reproductive drives. Racism, homophobia, and transphobia, which together essentially boil down to the idea that Whites should be able to live normally and by themselves, are perceived today as beyond the sphere of this deified “love” and are therefore representative of a kind of modern heresy.” Basically he’s saying that gayness, gender-nonconformity, and anti-racism are seen as an attack on the existence of white people. This is just one example of how racism and transphobia are intertwined in the modern Christian white nationalist movement, of which many of the people in the highest reaches of power in our federal government are an active member. Gender nonconformity, love that doesn’t result in the procreation of white babies, threatens their worldview, one that is fixated on immutable and antiquated gender roles, where white women are seen as walking wombs that must be used to replenish the declining white birth rates and reverse the great replacement of the white race by nonwhite children. In this way there is a very clear intermingling of the central tenets of the Christian white nationalist fascist movement that has taken over every layer of government in the united states: hatred of gender nonconformity, a desire to control women’s bodies, racism, it all blends together and serves the greater purpose.
Which is why now that Trump has taken over and all the worst bottom feeder far right rhetoric has gone mainstream through the proliferation of every Project 2025 initiative, trans people are being targeted, because they challenge the end goals of the Christian white nationalist project currently playing out in our government.
Okay let’s go down the list and take a look at the legislation that’s passed or is close to passing just this year. This matters because a society willing to treat vulnerable people like this won’t just stop with one marginalized group, and we have to look this in the face in order to contend with this. It deserves the same amount of scrutiny as we’re giving to all the other atrocities being committed by this administration.
Starting with the federal government, the Supreme Court released its decision this week in the case Chiles v. Salazar, siding with a talk therapist who claimed her first amendment rights were violated by Colorado’s ban on conversion therapy. The Supreme Court, in an 8 to 1 decision, decided that the free speech rights of conversion therapists, who practice a type of “therapy” that has been proven time and again to be more harmful than helpful are more important and more protected than the rights of people to be free from bunk science-based malpractice. It is just the latest in a long line of cases over the last decade that have forcibly pushed the expectations of being free from having religion forced upon us towards an expectation that Christian zealots should have freedom to practice their interpretation of their religion without having to worry about how it negatively impacts others. Chiles v. Salazar of course impacts more than just trans people, it's an affront to the rights of LGBTQ folks everywhere to be free from having their therapy needs co-opted for the purpose of pushing harmful conversion therapy tactics motivated by an individual therapist’s religious zealotry.
Separately, in a September 2025 executive order called Countering Domestic Terrorism and Organized Political Violence, the Trump regime made it clear that what they term “antifa” ideology is considered domestic terrorism that should be punished to the full extent of the law, and included within the ideology that should be prosecuted is “gender extremism” and “hostility towards those who hold traditional American views on family, religion, and morality.” And by “traditional American views” they mean conservative Christian views. While the executive order was passed last year it is incredibly relevant today given the recent case out of Texas which found for the first time a group of people guilty of providing material support to terrorism because of their adherence to quote unquote “antifa” ideology. Check out my guest appearance on Slate’s What Next podcast from a few weeks ago where I discussed the Prairieland case more in depth with Mary Harris, and let me know if you want a full video breaking the case down now that the verdict has been reached. This is important because even though a district level case out of Texas doesn’t create nationwide precedent, it gave the Trump regime a test run for how to prosecute people based on their ideological beliefs. And some of the defendants in that Prairieland case were trans women who were held in men’s prison and who were repeatedly referred to by their dead names or the wrong pronouns by the prosecution in the case. By lumping “gender extremism” into the general definition of “antifa” ideology, the government can then point to any trans person, regardless of their actually held beliefs, and call them a “domestic terrorist” because of their radical gender extremism and rejection of “traditional American morals and family values.” Reminder that holding extremist views is actually very very protected under the First Amendment. But now the Feds have a roadmap for going after people and accusing them of terrorism because of their left-leaning views or even simply because of their status as a transgender individual.
And you know the federal government is going to continue attempting to push criminalization, marginalization, and eradication of trans people in the United States because it’s all laid out in Project 2025, which according to some estimates is about 50% complete at this point. According to a summation by The 19th, quote “Project 2025 equates being transgender — or adopting “transgender ideology” — to pornography and declares that it should be outlawed. Under this plan, the federal government would enforce sex discrimination laws on the “biological binary meaning of sex,” and educators and public librarians who spread the concept of being transgender would be registered as sex offenders. The plan says that children should be “raised by their biological fathers and mothers who conceive them,” unless those biological parents are found unfit by a court.” And a lot of the language in Project 2025 and initiatives proposed in the manifesto and proposed by the Trump administration have their roots in state-level projects. This is why I always harp on how important it is to get involved in state-level politics–that is where a lot of this starts and gets normalized and where the details are ironed out. And after years of work, the rate of anti-trans bills getting introduced in the states has reached hyperspeed.
I want to stress first though that just because a bill is introduced in a state’s legislature doesn’t mean it will become law, most fail. So there are a lot of scary headlines coming out right now about bills that will ultimately go nowhere. But they are still worth noting even if they do fail because that is how this shit gets started, not with a wildly successful bill but with endless attempts at introducing horrible inhumane bills that normalize these talking points so then when something slightly less inhumane comes around people are used to the idea and desensitized to how fucking batshit some of this is. This gives us a blueprint of the direction these far right fascists are attempting to push this country and they’re using trans people as scapegoats for all of it. I want to give a major shoutout to independent journalist Aleksandra Vaca whose substack Transitics is the most comprehensive place I’ve found breaking down all the various state level anti-trans bills. Major thank you to Aleksandra for all their hard work on this it’s truly an invaluable resource that doesn’t get enough attention. There is also a tracker at trans legislation dot com that has been tracking trans bills in the states but starting a few days ago I’ve been unable to access it, it just says “This deployment is temporarily paused” and I don’t know if it’s something not working on my end but I was unable to access it from any web browser or my phone so I’m unclear what’s going on and why that tracker has been pulled down. Hopefully it’ll be up and running again soon.
Specifically the post called Transitics’ Comprehensive Anti-Trans Political Action & Litigation Map by Aleksandra Vaca provides all the info you could ever want to know about what’s been happening at the state level, including a helpful division of the various issues into color coded maps. The main tactics for attacking trans rights at the state level fall into 4 major categories: care access, specifically gender affirming care for minors, in prisons, and medicaid coverage of said care, next category is sports, then identity documents like birth certificates, state IDs, and X marker recognition, and then spaces, specifically bathroom access and prison housing. You can check out the full resource at the link to Transitics that I’ve included in the sources, but just looking at the updates so far in 2026, here is a brief preview of what’s been happening in the states. Though I also want to note that a lot of these laws make absolutely no mention of intersex people, essentially acting as though they do not exist, so most intersex people are just kinda floating in limbo unsure of their status or lumped together with trans people:
In Idaho, a ban on birth certificate changes took effect, making Idaho the 8th state to actively ban trans people from amending their birth certificates. Idaho has also banned trans people from updating their state IDs to reflect their gender identity. And just this week, a new law was passed in Idaho that awaits the governor’s signature that would require schools, healthcare providers, and childcare providers to notify parents within three days if they receive quote “any request by the minor student to participate in or facilitate the social transition of the minor student.” This would include requests to use a different name or nickname, different pronouns, different bathrooms or locker rooms, or participate on different sports teams than those that align with the student’s sex assigned at birth. And it bans schools, healthcare providers, and childcare providers from participating in or facilitating a student’s social transition without written consent from a parent. If they don’t comply, those entities could face civil fines of up to $100,000. And it gives parents a private right to sue entities that violate the bill. According to the Idaho Capital Sun, quote “Dr. Jessica Rolynn, a doctor who practices gender-affirming care in eastern Idaho, told the Idaho Capital Sun that the bill “removes the professional judgement that allows clinicians and educators to keep children safe.”
“Not every home is safe. Some youth face rejection, emotional harm, or even homelessness when sensitive information is revealed without careful planning,” Rolynn said. “This bill contains no mechanism for safety assessment and no allowance for clinical discretion.”” Separately, also in Idaho, the governor just signed a bill 2 days ago that advocates call the most extreme bathroom ban in the nation, that would ban trans people from using the bathroom that corresponds with their gender not only in public buildings but also in private ones, and carries a one year prison sentence for a first offense, and a 5 year prison sentence for a second offense committed within 5 years.
In Indiana, a law went into effect that bans gender marker changes on IDs, though you can still change your gender marker if you present an amended birth certificate. But that loophole was effectively closed by an executive order from the governor last month that ordered state agencies to halt gender change requests for Indiana birth certificates.
In Iowa, the Republican governor signed into law a measure that removes “gender identity” as a protected class in the state’s civil rights statute, opening the floodgates for trans people to be discriminated against in employment, housing, public accommodations, and education. But as she was signing the bill, Iowa’s governor assured us all that quote “We are all children of God, and no law changes that.” So, that’s great.
In Kansas, an extreme bathroom ban went into effect, which required the Kansas legislature to override the governor’s veto. The law criminalizes trans people for using the bathroom that corresponds with their gender with penalties of up to 6 months in prison after the third offense. For using the bathroom. Florida and Utah also have laws allowing trans people to be imprisoned over using the bathroom. The law also gives people the right to sue anyone who they suspect of being trans and using the bathroom that corresponds with their gender by claiming that the trans person “invaded their privacy.” So now private individuals can hunt down people they suspect of being trans and attempt to sue them for using the bathroom. This means anyone, including cis people, are fair game to be targeted by this law. Are you a cis woman with lots of muscles? A strong jawline? A deep voice? Congrats! Now private individuals are entitled to guess what’s in your pants and take you to court for it. The same law also invalidates all birth certificates and IDs that don’t display a person’s sex assigned at birth, so if anyone has updated their ID or birth certificate, it becomes invalidated and they must get it replaced. And driving with an invalid license is a class B misdemeanor, the same level of criminalization as is assigned to people who use the quote unquote “wrong” bathroom in this bill. According to Aleksandra Vaca, quote this “means that, virtually overnight, Kansas has gone from being one of the least hostile Republican-controlled states to being the single most dangerous to trans people. Even if it’s eventually struck down, SB 244 will still have devastating consequences for virtually every trans person that calls Kansas home. It strips them of their government IDs and takes away their freedom to use the restroom in virtually any setting.”
In New Hampshire, a bill was passed but then was vetoed by the governor that would exclude trans people from bathrooms, locker rooms, jails, and other spaces that don’t match their sex at birth. It was the third time the governor had vetoed the bill. The bill would also remove protections from discrimination based on “gender identity.”
In Oklahoma, trans people have been banned from changing their sex marker on their drivers licenses.
In South Dakota, as of early March, in order for a person to update a gender marker on their IDs, they must get a court order and a statement from a medical provider corroborating their gender identity. And the South Dakota Supreme Court has issued an order barring trans people from amending their birth certificates to reflect their gender identity, making South Dakota the 9th state that outright bans birth certificate changes.
Again that’s just within the last few months, that’s just bills that have passed, and I’ve definitely even missed some of those. You can go to the Transitics tracker to check out your state specifically. And hopefully trans legislation dot com is back up and running soon. Notice how many of the recent bills have to do with IDs and gender markers. This matters deeply at a time when the federal government is attempting to severely limit who can vote, and they’re doing so primarily through ID requirements. The SAVE Act would make it virtually impossible for trans people to vote if their ID doesn’t match their birth certificate or their passport. And just this week Trump signed a new executive order titled “Ensuring Citizenship Verification and Integrity in Federal Elections” which tells DHS to create lists of eligible voters in each state so that the USPS can use the lists to identify which voters are allowed to receive mail-in ballots. The attorney general is also given the power to withhold federal funds from states that don’t comply. This order will certainly be challenged in court because the president has no say over how elections are handled, I made a whole episode about that, but you can put two and two together and see how easily it would then be for states that discriminate against trans people to exclude trans people from voter rolls and deny them their fundamental right to vote on account of their gender identity. This is not some major conspiracy, it is a coordinated effort between states and federal entities who are all working through the same organizations and think tanks with the same model language and laws being pushed across the country that does not align with the majority of peoples’ views on trans issues. A new survey from the Human Rights Campaign found that 85% of respondents believe that quote “transgender people should have the same rights and protections as everyone else.” 85%! Including 76% of Republicans! As Kelley Robinson, President of the Human Rights Campaign noted in a statement, quote “American people are far more united than extremists will admit. We believe in fairness. We believe in dignity. And we believe in treating people equally under the law. When one group is singled out and told they don’t belong, it weakens the foundation of freedom for everyone. That’s why defending trans rights is part of defending democracy itself. The more we show up for each other, the stronger our communities and our democracy become.”
So, despite what the far right white christian nationalists running the show would have you believe, most of us agree that trans people deserve the same rights as the rest of us. Don’t let them convince you that we are more divided on this issue than we actually are. They are a very loud minority who have managed to seize power in the government but on the streets we are far more united than they want us to believe. Please look out for your trans friends and neighbors and community members, check in on them, go to the resources linked in the description and familiarize yourself with the laws being introduced and passed in YOUR state specifically, because being armed with knowledge is helpful for pushing your local representatives to ACTUALLY represent the will of their constituents, not the few crazed far right lunatics at the top.
If you’d like to support my work consider joining on YouTube, Substack, or Patreon to get access to all these episodes completely ad free. Also if you like my Reagan Ruined Everything tshirt you can get one for yourself at leeja miller merch dot com. Thank you to my multi-platinum patrons Christopher Cowan, Evan Friedley, Marc, Sarah Shelby, Dennis Smith, Art, David, L’etranger (Lukus), Thomas Johnson, and Tay. Your generosity makes this channel what it is, so thank you!
And if you liked this episode, you’ll like my episode from Tuesday about the Birthright Citizenship case before the Supreme Court.
