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Conservatives Revive Old Tactics Against Trans Rights

Ballot initiatives are back, and this time they’re targeting trans rights. 💔✊ Let’s stand together and fight against this wave of discrimination! #TransRightsAreHumanRights

TL;DR

  • Conservatives are using ballot initiatives to target transgender rights.
  • Five anti-trans measures confirmed for the November elections.
  • Activists are mobilizing to combat these initiatives.
  • The strategy echoes past efforts against same-sex marriage.
  • Trans youth face increased scrutiny and potential harm.

Remember the days when conservatives tried to ban same-sex marriage? Well, they’re back at it again, but this time they’re setting their sights on transgender rights. That’s right, folks! After years of fighting in state legislatures, the anti-trans movement has found a new weapon: the popular vote. And let me tell you, for transgender people across America, Election Day is about to get real.

Petition gatherers have been popping up at farmers markets and grocery store parking lots in Colorado, clipboards in hand, collecting signatures for two ballot initiatives. One aims to bar transgender girls from participating in school sports, while the other seeks to ban gender-affirming surgeries for minors. And guess what? They’ve got some serious backing. Colorado’s Catholic bishops are urging parishes to host signature drives, and the lead pastor of Flatirons Community Church is all in, asking his congregation to sign. Talk about a coordinated effort!

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What started as a local campaign is actually part of a broader national strategy that’s unfolding in states like Maine, Washington, Colorado, and Missouri. The goal? To take the fight over transgender rights out of the hands of lawmakers, where advocates have successfully blocked many bills, and put it directly to voters. Spoiler alert: it’s working. At least five anti-trans ballot measures are confirmed or effectively confirmed for the November general election. That’s two in Colorado, one in Washington state, one in Maine, and in Missouri, a measure would ban gender-affirming care for minors while also rolling back abortion rights approved by voters just two years ago.

“This harkens back to 2004 and the playbook around marriage equality,” says Alana Jochum of Advocates for Trans Equality. “Our opposition is turning to an old playbook to scapegoat a small population.” Back in 2004, same-sex marriage bans appeared on ballots in 11 states, and all of them passed. Fast forward to today, and we’re seeing a similar pattern emerge as anti-trans bills flood state legislatures.

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Last year alone, over 700 anti-trans bills were introduced nationwide, and advocates managed to defeat roughly 90 percent of them. But with this new strategy, if lawmakers can’t pass restrictions, they’re hoping voters will. And the consequences of these measures are very real. Colorado’s Initiative 110 would ban gender-affirming surgeries for minors, despite the fact that the state’s major pediatric hospitals don’t even perform them. Initiative 109 would bar transgender girls from school sports, and there’s no reliable data on how many transgender student-athletes are even in the state.

In Washington, a proposed measure would require sex verification by a healthcare provider before girls can play school sports, based on anatomy, genetics, or testosterone levels. Opponents are raising alarms that this could subject all girls to invasive scrutiny. Meanwhile, in Maine, a proposal would require schools to assign sports teams and facilities based on sex assigned at birth, despite existing protections under state law. A hearing is currently underway on this measure.

Missouri’s Amendment 3 goes even further, proposing to ban gender-affirming care for minors and linking that ban to rolling back abortion rights. Polling suggests that this combination actually increases support for the measure. “Our opposition is trying to confuse voters and undermine bodily autonomy,” Jochum warns.

But fear not! Advocates are organizing in response. A coalition called Rising Together is bringing together reproductive rights and LGBTQ+ groups, especially in Missouri. “The reproductive rights groups were like, ‘We are not going to pit movements against each other,’” Fields Figueredo says. “Each of our liberation is tied to each other.”

Still, the burden of this fight falls unevenly. It’s the transgender youth, their families, and communities who are now watching their rights put to a vote. “I believe that the arc of history bends toward inclusion and equality,” Jochum states. “But in the meantime, our opposition is trying to use fear to divide us.” And that meantime has a date: November 3. So mark your calendars, folks. This is one fight we cannot afford to lose.

For more on how conservatives are targeting LGBTQ+ rights, check out our article on how they are attacking Pete Buttigieg and his family, ignoring the progress we’ve made together. Read more here.

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