SAFEGUARDING TRANS RIGHTS THROUGH A STORM OF ANTI-TRANS LEGISLATION

duda • October 7, 2022

SAFEGUARDING TRANS RIGHTS THROUGH A STORM OF ANTI-TRANS LEGISLATION

Be aware of what's happening so we can prevent it in our State!

The current legal landscape of pro- and anti-trans legislation in the United States is deeply troubling. Since the beginning of 2023, the American Civil Liberties Union (ACLU) has cataloged nearly 500 anti-LGBTQ+ bills introduced in state legislatures. While 153 of these bills have been defeated, 62 have become laws, and 272 are continuing to advance, at the time of this writing. Many of these bills specifically target trans people by restricting access to gender-affirming care, bathrooms, and school sports as well as by prohibiting classroom discussions about sexual orientation and gender identity and by prohibiting teachers from using students’ chosen names and pronouns without parental permission. We think it is especially troubling that even though most Americans do not support these kinds of bills, support for anti-trans legislation is growing, according to a recent PBS poll. We are also disturbed by how gerrymandering and discriminatory voting restrictions enable legislators to continually introduce anti-LGBTQ+ bills without fear that such action will hinder their electoral prospects.



It is extremely frightening for our community to have legislation that is attacking our basic existence. In early April, for instance, Idaho Governor Brad Little signed into law a bill that makes providing gender-affirming care to children a felony punishable by up to 10 years in prison. A similar bill which was recently signed into law in Indiana requires that physicians stop providing gender-affirming care to children who had previously been receiving it on January 1, 2024, or face civil penalties. Meanwhile, in Arkansas, a new law prohibits transgender students in pre-K through 12th grade from using a bathroom consistent with their gender identity and another new law prohibits teachers from using a transgender student’s preferred name and pronouns without the written permission of the student’s parents. Ironically, the stated purpose of this second law is to protect teachers from compelled speech.


The high volume and wide variety of anti-trans bills should be alarming to all because we will see those same bills copied-and-pasted, across the U.S. If it works in one state, then proponents will bring it to other states. This year, the Kansas state legislature overrode their governor’s veto to enact a law requiring schools to designate interscholastic and intramural sports teams as being for male students, female students, or a coed team and prohibiting students whom the law defines as “male” from playing on a women’s or girls’ team. A few days later, North Dakota passed a law that is indistinguishable from the one adopted in Kansas. Neither law seemingly prohibits students whom the law defines as “female” from playing on a male sports team. Even progressive states such as Maryland are not immune:


during this year’s legislative session, an anti-trans bill titled “The Save Women’s Sports Act” was introduced in the House of Delegates, only to fail after an unfavorable committee report. It used the same language as the bills adopted in North Dakota and Kansas.


This onslaught of anti-trans legislation can bring on feelings of ennui or weltschmerz, the feeling that reality will never reach an individual’s expectations of the life they want and deserve. Thus, we would be remiss not to highlight the passing of some protective measures and the defeat of several discriminatory measures. States such as New York, Illinois, California, Colorado, Oregon, and our home state of Maryland have passed legislation to ensure the protection of LGBTQ+ people. These laws include non-discrimination provisions that protect sexual orientation and gender identity, inclusive school policies, and make gender-affirming healthcare more accessible for transgender people. The biggest win of Maryland’s recent legislative session was the passing of the Trans Health Equity Act without amendment; starting January 1st, 2024, the Maryland Medical Assistance Program will provide gender-affirming treatment in a non-discriminatory manner, giving trans-Marylanders access to life-saving medical care. In March, a Transgender Bill of Rights was introduced in Congress as well, and although it is unlikely to pass in the current Congress, its introduction shows that the trans community does have allies in the federal government. Additionally, while the U.S. House of Representatives recently passed a bill that would prohibit transgender girls and women from playing on girls’ and women’s sports teams at schools that receive federal funding, the bill is almost certain to fail in the Senate. According to the Associated Press, President Biden has also promised to veto the bill should it reach his desk, and opponents of the trans community lack the supermajority needed to override a presidential veto. Finally, the Associated Press has also reported that laws banning gender-affirming care have been successfully challenged in court in Alabama and Arkansas.


We appreciate that there have been steps taken to protect the trans community in Maryland and other progressive states. Ultimately, a significant amount of work remains to be done at both the local and national levels. For people who live in progressive states such as Maryland, directly supporting transgender people in states where anti-trans legislation is being passed may be difficult because legislators in states such as Idaho and Arkansas do not need to be concerned about the opinions of Marylanders. However, for those who want to do more than just say “I support trans people,” getting involved in local and national politics can be invaluable. Supporting federal, state, and local lawmakers who are vocal about their support for the transgender community is extremely helpful, as is letting your representatives and senators know that you support legislation like the Transgender Bill of Rights and oppose any anti-trans legislation. We are dealing with a patchwork system of discrimination implemented on a state-by-state basis. Therefore, well-crafted national policies that foreclose the possibility of states banning gender-affirming care or prohibiting discussions of sexual orientation and gender identity in schools are sorely needed. While the advice of voting and calling one’s representative may seem cliché, it is truly essential given the circumstances. Advocacy groups like FreeState Justice have policy trackers and legislative scorecards on their websites to assist individuals in following pro- and anti-LGBTQ+ legislation and rank sitting legislators or candidates for legislative office on their voting record concerning LGBTQ+ policy.


Notably, some states are becoming safe havens for trans people, and supporting these safe haven policies can be incredibly helpful. Several states, including Maryland, are asking their governors to sign executive orders protecting individuals seeking gender-affirming care similar to orders signed in New Jersey and Minnesota. These orders can establish state coordination to protect gender-affirming care for individuals seeking and entities providing that care. No extradition clauses and sections that prohibit officials from assisting in or using any state time or resources to assist in any investigation of an individual seeking gender-affirming care are important clauses in these executive orders. National Public Radio, BuzzFeed News, and Politico have all reported on families that have chosen to leave their home states to protect trans family members. For these people, progressive states such as Maryland are appealing destinations, and getting involved in local politics can help to ensure that trans people who choose to leave oppressive states can find more welcoming places to settle. Overall, the important thing is to keep progressive states progressive.


At the individual level, the ACLU encourages people to “know the terminology, recognize the humanity, and know the issues” to support transgender people. Additionally, supporting national organizations that are working on the ground to support trans individuals and other vulnerable populations such as LGBTQ+ youth is invaluable. GLAAD maintains a directory of great organizations working tirelessly doing this work. Engaging with friends and family who live in states passing anti-trans legislation and encouraging them to oppose this legislation may also be of use. Individuals should also take steps to make sure that their workplace is an affirming and welcoming environment for transgender people. The National Center for Transgender Equality (NCTE) reports that about 50% of trans people have been harassed at work, 50% reported hiding their gender identity at work, and 30% reported being fired or experiencing discrimination. If the individual is a person of color, we see these percentages increase, revealing how intersectionality, where a person’s various social and political identities combine, increases rates of discrimination. Implementing anti-bias training, programs, and policies can help reduce this by keeping members of an organization informed about inclusive practices and by providing fast and fair methods of addressing incidents of hate or bias.


For professionals, supporting transgender people as a professional may look very similar to supporting trans people in general, and the NCTE has an excellent guide on this. Many professional organizations, including the American Bar Association, the American Academy of Pediatrics, and the National Education Association have become vocal supporters of the LGBTQ+ community. These organizations can be powerful lobbying groups and offer opportunities for their members to help effect positive change at both the national and local levels. When possible, professionals should try to leverage their connections and organizational affiliations to get more people and groups working to support trans people in the ways described by the NCTE. Most importantly, be an ally and speak up when something is not right or you witness harmful behavior or hate speech. There are so many ways to get involved, and it really does matter. Every single person who makes one phone call, writes one letter, testifies on one bill, marches in one parade, donates to one cause, or volunteers at one outreach event makes an impact, and we need everybody working together to stand up against the injustice that we are facing.


Lauren Pruitt is the Legal Director at FreeState Justice and a graduate of Howard University and Georgetown Law School. After working more than ten years in corporate law, she has dedicated the last five years to civil rights specifically focusing on ensuring LGBTQ+ Marylanders receive fair treatment in the law and our society.


Oliver Santos is a rising senior at the University of Maryland, Baltimore County studying political science, English, and mathematics. He is also an editor for the UMBC Review and was a spring legal intern for FreeState Justice. After graduating he intends to pursue further study in law or political science.

By Joel Medina March 24, 2025
FreeState Justice (FSJ) announces th third annual Sunset Soirée, on Friday, May 30th, 2025, from 7:00-11:00 PM at The Garage at R House in Baltimore, Maryland!  FreeState Justice is Maryland’s leading LGBTQ+ legal nonprofit which has spent more than a decade advocating for this state’s most marginalized groups. Through free legal services, an expansive resource program, and community education, they have made many meaningful strides in making this State inclusive for all. All of this work is only possible through working in collaboration with organizations and advocates across the state, which is why FSJ is thrilled to announce the third iteration of an event meant to celebrate them: The Sunset Soirée. The Sunset Soirée marks the start of Pride season in Baltimore, blending celebration with purpose. This year’s theme, ‘Busting Out of the 80s,’ honors the resilience of the LGBTQ+ community during the HIV/AIDS crisis and how they still fought for their rights against so much discrimination nationwide. The event will feature great food, an open bar, and performances from some of the best artists in MD. Attendees will have the chance to support FreeState Justice’s mission while engaging with the many local advocates fighting for an inclusive Maryland today. Tickets are one sale now, and anybody who uses discount code ‘SS2025’ at checkout will receive 15% off their order before April 25th. Get yours today!
March 6, 2025
The 2025 LGBTQIA+ Guidance Memorandum from the Maryland Attorney General outlines the state's protections for LGBTQIA+ individuals in response to federal actions that may limit their rights. It reaffirms Maryland's anti-discrimination laws in healthcare, education, employment, and housing, ensuring continued access to gender-affirming care, protection from workplace discrimination, and the right to use chosen names and pronouns in schools. The document also highlights legal avenues for individuals facing discrimination and provides resources for support. This memorandum is important because it reassures LGBTQIA+ Marylanders that their rights remain protected despite changing federal policies. It provides clear legal guidance, ensuring that individuals, employers, educators, and healthcare providers understand their responsibilities and rights, fostering a safer and more inclusive environment. You can read the full memorandum here .
By Joel Medina November 22, 2024
Whether it be at a restaurant, in schools, or in the Capitol, a person should always have safe access to the restroom that best fits their gender identity. FreeState Justice is appalled at the behavior of sitting congresspeople who are using their platform for hatred by trying to bar transgender women from using the women's restrooms in the Capitol. Their discriminatory claims of why this is necessary is a tired, deeply hateful rhetoric, one which has been proven factually false for decades. It only serves to further divide this country and perpetuate stigmas that have proven to hurt not only transgender people, but all LGBTQ+ communities at a legislative level. FSJ congratulates Congresswoman Sarah McBride for breaking barriers as becoming the first openlty transgender woman to be elected into the House of Representatives. We are deeply troubled to learn that her success is being met with such vitriol, yet we are proud to see so many of our LGBTQ+ family in Maryland and beyond coming together to support her rights. We will continue to raise awareness of this serious issue and will not stop fighting until every transgender person in this country has the respect and safety they deserve.
By Joel Medina November 12, 2024
Even though I have been working with FreeState Justice in some capacity for over a year, my mom still struggles to remember the name of the organization. I tell her I am leaving for work, and she responds, “Okay! Have fun at the Justice League!” It is the nickname she’s been using for FreeState since I first told her about my job. I pretend to be annoyed by the constant mix-up, but secretly, I like the nickname. Calling us the Justice League makes it sound like I work with superheroes, and in a way, I do. The FreeState Justice legal team works hard to provide high-quality, free representation to members of Maryland's LGBTQ+ community who cannot afford to hire a private attorney. Our work covers a wide range of legal areas, including family law matters, such as divorce and adoption; anti-discrimination law in settings like housing, healthcare, employment, and education; and name changes and declarations of legal gender identity for children and adults. We cannot handle criminal defense, but we do help people expunge old charges that might make it difficult for them to find a job or rent an apartment. I call my coworkers superheroes because we do this work under crazy constraints. Our small team must serve clients while working within the strictures of tight budgets, formal grant rules, and official court procedures. Even on the best days, the work can be exhausting, but my coworkers and I believe that the services we provide are invaluable, and we hope our clients would agree. My time with FreeState Justice has taught me a lot about the practice of law, about myself, and about the world around me. What follows are six truths I’ve learned about working with the superheroes that make up the FreeState Justice legal team. 1. Everyone can make a difference The American legal system is complicated. If it was not, attorneys would have a difficult time finding clients. The legal system is also resistant to change and was designed to serve the interests of the majority (in other words, straight, white men with money). Because of this, people from marginalized communities are more likely to need help navigating the system. I love working at FreeState because it empowers me to make a difference in two communities that are important to me: the LGBTQ+ community, and the city of Baltimore. When you are involved in social justice work where you live, you get to contribute to your local community in a positive way every day. If, as is the case for myself and many of my coworkers, the area you work in is one that directly affects you, then you also get to give back to your own community. And even if you aren’t directly affected by your own work, you can still take pride in knowing that you are making a local difference. 2. Success has multiple meanings I have learned to define success as doing my best to help as many people as I can, subject to all the constraints that I am. In a world where my coworkers and I have unlimited time, funding, and expertise, this would mean representing every person who reaches out to us with a legal issue that has merit and winning in court every time. But as I noted above, budgets, grant restrictions, and your own capacity limit how much you can do, and you must be realistic. It helps to think of success not as winning every case, but rather as doing the best you can for every client. Some things I count as successes include helping a client successfully change their name, connecting someone with a staff attorney who might be able to help them, and referring people to other services who might be able to help them if FreeState cannot. This last one is really important; for some clients, that’s the best we can do, and we have to accept that. 3. A sense of humor is essential People’s lawyering is often frustrating. The legal system does not always provide clients with their desired outcomes, and every court has its own idiosyncrasies. Sometimes a process that was worked hundreds of times before has to be changed because a court wants filings presented differently. Other times, even the most well-thought-out arguments are not enough to convince a skeptical judge. When your best laid plans go awry, it is good to laugh. The situation you are facing might not be funny, but you can still laugh at the ridiculousness of the circumstances. It is best if you can laugh with your coworkers. This is not always possible, because you must protect confidentiality, but if your colleagues know the situation already, then you can all laugh together at the crazy new rule a court has implemented or whatever else might be bothering you. 4. Little victories matter as much as big ones It is easy to be disheartened by the ongoing shifts in the legal landscape. Ongoing attacks on people’s right to seek gender-affirming healthcare, to access media that represents them, or to participate in forms of artistic self-expression like drag performances can make the world seem like a bleak place. You might even feel powerless against the onslaught of anti-LGBTQ+ legislation, at times. When this happens, it is helpful to think small. Even though they may seem like small acts, helping a client update their identity documents after their name change is granted, completing a petition for someone’s declaration of legal gender identity, or drafting a will and advanced directive for a person are profound. Hearing that their name change has been granted and knowing they can go get an ID with their chosen name may be the highlight of someone’s day. Completing a name change petition helps not only helps a client in their journey to being themselves, it also forces the government to recognize clients for who they are. And wills and advanced directives are essentially ways for someone to say “I am here, I matter, my property matters, and these are the relationships the government needs to acknowledge.” These are all very powerful, when you think about how many people were forced to live in the closet without the kind of acknowledgement these services provide. 5. You cannot fix everything My coworkers may be superheroes, but they are not wizards. We can do a lot, but the truth is that we cannot fix every problem someone might want our help with. Whether because of limited funding, a lack of capacity, or because what someone wants is not something the legal system can give them, there are people we are unable to assist in-house. It is difficult to tell someone no, but it is unavoidable. When we do have to tell someone that we cannot assist them, we try to send them away with a list of other organizations that might be able to help them or creative workarounds and non-legal solutions to their problem. This can be tricky if someone is dealing with an unusually complicated issue, but we can usually find at least one or two organizations that can help. So, even if one of FreeState’s superhero attorneys cannot take on a particular case, there is probably another attorney somewhere who can. 6. There is always more work to do Social justice work is never-ending. Case in point: marriage equality, one of the most significant milestones for the LGBTQ+ community, passed in Maryland over ten years ago, but the fight for equal treatment continues. Anti-LGBTQ+ discrimination, especially anti-trans discrimination, is an ever-present threat, and even in relatively progressive states like Maryland, attorneys are needed to ensure that legal protections for LGBTQ+ people are enforced and bad actors are held accountable. When we win one fight, we must pivot to the next while ensuring that our most recent victory isn’t diluted. For example, in the last session of the Maryland legislature, we saw the repeal of Maryland’s Unnatural and Perverted Practices Act, a law that criminalized consensual sexual activity between people of the same sex. The repeal of this law was important and worth celebrating, but now we must make sure no one attempts to reintroduce a similar law, and we must keep up the fight to repeal other outdated laws, like Maryland’s criminalization of HIV. In short, there is no shortage of work for the superheroes that make up FreeState Justice’s legal team.  Written by Oliver Santos, Legal Intern and Intake Specialist
By Joel Medina October 22, 2024
Maryland has added gender-affirming care to its definition of legally protected health care, affirming its status as a sanctuary state for transgender people and healthcare providers. House Bill 691, also known as the Trans Shield Act, went into effect on Oct. 1, shielding patients and medical providers from out-of-state prosecution and investigations. It makes Maryland the 17th state to have shield law protections for gender-affirming health care, according to UCLA Law . A D.C. shield law took effect in 2022. “This law empowers individuals to access healthcare without fear of repercussions, making gender-affirming healthcare accessible to all,” Lauren Pruitt, legal director of FreeState Justice, a Maryland LGBTQ advocacy group, said in a statement. 
By Joel Medina October 17, 2024
The Trans Shield Act is officially in effect in Maryland! Otherwise known as HB0691, this piece of legislation protects access to gender-affirming care in MD by adding it to the state’s definition of legally protected healthcare. This does a variety of essential things, from ensuring locals can access the care they need to safeguarding both clients and their physicians from legal action by any other states trying to prosecute them for receiving/giving this care. But most importantly, as FSJ’s Legal Director, Lauren Pruitt , emphasizes, this Act makes Maryland a Sanctuary for all. “Maryland's status as a sanctuary state is a beacon of inclusivity and compassion, affirming that it values the well-being and contributions of all its residents and welcomes everyone with open arms,” says Pruitt. “This law empowers individuals to access healthcare without fear of repercussions, making gender-affirming healthcare accessible to all. It highlights the importance of gender-affirming care and enables practitioners to provide optimal care without concern for criminal liability.”
By Joel Medina August 27, 2024
FSJ has launched our 2024 FSJ Policy Report! This is your one-stop guide to the 2024 legislative session in Maryland, a comprehensive report where you'll learn about everything FSJ did to fight for LGBTQ+ rights in this year's legislature. You can read all about what bills passed/didn't pass, the many excellent groups who worked together on inclusive policy, and everything FSJ did to raise awareness about these critical issues at the button below! 
By Joel Medina August 14, 2024
Each legislative session, FreeState Justice's policy team travels to Annapolis to protect the rights of LGBTQ+ Marylanders at a legislative level. As an LGBTQ+ advocacy organization, while we focus on many issues, our efforts are always centered on bills directly related to the LGBTQ+ community and the defense of their rights in this state. This has allowed us to accomplish great things, like successfully blocking discriminatory anti-trans sports bans and ensuring trans communities have access to life-saving, gender-affirming healthcare. But beyond pushing for LGBTQ+-specific policies, what else can legislators do to ensure LGBTQ+ Marylanders' needs are met? To learn more about what policy issues were most important to LGBTQ+ voters in Maryland, FSJ's policy team partnered with SOURCE interns, a service-learning program at Johns Hopkins Bloomberg School of Public Health. Between January and March 2024, this team conducted ten in-depth interviews and one focus group discussion with 15 LGBTQIA+ Marylanders. While these interviews do not represent the views and opinions of the whole MD LGBTQ+ community, they do provide a snapshot of what many locals are worried about today. At the end of the collaboration, the students provided FSJ with a final report detailing the policy concerns that those interviewed described as most relevant to their daily lives. This report - now available on our website - will help guide FSJ's legislative, educational, and legal efforts during the 2025 legislative session. 
By Joel Medina July 17, 2024
This post is part of a series providing in-depth and accessible breakdowns of Freestate Justice’s various policy objectives and accomplishments over the past 2024 Legislative Session within the Maryland General Assembly. For more posts like this, check out Freestate’s 2024 Legislative Session Reflection Series. 2024 has been quite eventful for LGBTQ+ Marylanders, with Freestate Justice and its coalition partners being involved in advocating for many bills that will affect the lives and well-being of Maryland’s LGBTQ+ community. One such piece of legislation that FSJ helped to pass this previous session was Senate Bill 119. This law will modify Maryland’s Health Code to include gender-affirming treatment (such as top surgery and hormone replacement therapy) within the definition of “legally protected healthcare.” Under the previous state of affairs, state law did not explicitly protect gender-affirming healthcare. This lack of protection led to much ambiguity regarding whether healthcare providers who administered this kind of care to patients (or the individuals who received it) would be subject to legal penalties, including fines and incarceration. Gender-affirming care is critically important to so many members of the LGBTQ+ community. The ability of people to define and express their gender is a human right, with a wealth of literature showing that access to gender-affirming healthcare for transgender and nonbinary individuals mitigates feelings of gender dysphoria (distress associated with a mismatch between one’s gender identity and their sex-related physical characteristics). Solidifying access to this form of support within the health code makes progress toward addressing many existing health inequities and injustices, creating a more affirming Maryland for all. 
By Joel Medina July 10, 2024
This post is part of a series providing in-depth and accessible breakdowns of Free State Justice’s various policy accomplishments over the past 2024 Legislative Session within the Maryland General Assembly. For more posts like this, check out Free State’s 2024 Legislative Session Reflection Series. 2024 has been quite eventful for LGBTQ+ Marylanders. Free State Justice and its various coalition partners were deeply involved in advocacy regarding multiple bills affecting LGBTQ+ Marylanders that will impact their well-being for decades to come. One policy area that saw tremendous progress within the past session was education. This year, through the contributions of Free State Justice and many other coalition partners, the Maryland General Assembly passed the Freedom to Read Act (HB785/SB738). Among other things, this law dictates that all libraries within the State of Maryland will not be able to remove any piece of media (such as books, magazines, and digital materials) from their physical and digital catalogs simply because of the identity/background of the creator. The Act also raises fines for those who damage or ‘misplace’ controversial texts after checking them out, as this was proven to be a tactic by individuals to ensure nobody else could check these out. This crucial piece of legislation comes when we as a state and nation are experiencing a wave of attacks on the education system and freedom of expression. In particular, a multitude of individuals and organizations have initiated campaigns to remove certain aspects of school curriculum and make specific materials within schools and libraries inaccessible to the public. According to the Maryland State Library Agency, by the time of this Act’s passage, Maryland’s libraries had experienced a 133% increase in formal challenges to works within their collections and a 263% increase in informal challenges since 2019. Many of these were attempts by individuals to make (often baseless) objections to the inclusion of particular works within a library. Notably, many of the subjects of these attacks are works that are either written by LGBTQ+ authors or involve LGBTQ+ characters or topics - as well as many revolving around the histories and experiences of other marginalized groups, such as Black people, Indigenous people, and other people of color. As such, before the passage of this act, there was still so much ambiguity around whether Maryland’s libraries and media centers would begin to remove diverse and LGBTQ+-affirming materials from their collections or even fire librarians and media specialists who refused to do so. Under growing pressure from a small but vocal minority of those with a discriminatory agenda, it began to look like Maryland was completely unprepared against this assault on people’s ability to access the information and entertainment they desired.
More Posts
Share by: