12.3 Transgender rights and the future of gender equality in America
7 min read•august 13, 2024
Transgender rights have become a pivotal issue in the fight for gender equality in America. From legal battles over discrimination to social acceptance, the transgender community faces unique challenges in their pursuit of equal rights and recognition.
The struggle for transgender equality intersects with broader issues of gender, sexuality, and identity in contemporary America. As society grapples with evolving understandings of gender, the transgender rights movement pushes for greater inclusivity and challenges traditional notions of gender norms.
Key Terms and Concepts for Transgender Identities
Defining Transgender and Cisgender Identities
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- Transgender refers to individuals whose differs from the sex they were assigned at birth (male, female)
- Gender identity is a person's internal sense of their own gender
- Cisgender describes individuals whose gender identity aligns with their sex assigned at birth
- Gender non-conforming refers to people who do not adhere to society's expectations of (clothing, behavior, interests)
Understanding Gender Dysphoria and Transitioning
- Gender dysphoria is the psychological distress that can result from an incongruence between one's sex assigned at birth and gender identity
- Symptoms may include anxiety, depression, discomfort with one's body
- Transitioning is the process of changing one's gender presentation and/or sex characteristics to align with their gender identity
- Social transitioning can involve name, pronouns, clothing, hair
- Medical transitioning can include hormone therapy, surgeries
Non-Binary Gender Identities
- Non-binary is an umbrella term for gender identities that are not exclusively masculine or feminine and exist outside the gender binary
- Genderqueer, agender, bigender, and gender fluid are some non-binary identities
- Genderqueer refers to a gender identity or expression that is not categorizable as solely male or female
- Agender describes a person who does not identify with any gender
- Bigender individuals identify as two genders simultaneously or move between masculine and feminine gender expression
- Gender fluid refers to a gender identity that varies over time
Legal and Social Barriers for Transgender Americans
Discrimination and Poverty
- Transgender individuals face discrimination in employment, housing, healthcare, and public accommodations
- Only 21 states and D.C. have laws prohibiting discrimination based on gender identity
- Transgender people experience high rates of poverty, unemployment, homelessness, and violence
- The 2015 U.S. Transgender Survey found 29% of respondents were living in poverty and 30% had experienced homelessness
- 15% were unemployed, 3 times the national average at the time
Barriers in Education and Youth
- In education, transgender students face bullying, harassment, and discriminatory policies around bathrooms, locker rooms, and sports participation
- In 2021, over 100 anti-trans bills were introduced in state legislatures
- Many aimed to restrict transgender youth from accessing sports, bathrooms, and gender-affirming medical care
- 77% of respondents in the USTS who were out or perceived as transgender in K-12 experienced mistreatment such as verbal harassment and physical assault
Violence Against Transgender Individuals
- Transgender people, especially trans women of color, face epidemic levels of violence and murder
- In 2020, the HRC tracked a record 44 fatal violent incidents against transgender or gender non-conforming people
- Black and Latinx transgender women account for the majority of victims
- 46% of respondents in the USTS were verbally harassed in the past year for being transgender
Healthcare Discrimination
- Barriers to accessing gender-affirming healthcare include insurance exclusions, provider discrimination and lack of knowledge, and prohibitive costs
- 19% of respondents in the USTS were refused medical care due to their transgender status
- 33% reported negative experiences with healthcare providers, including verbal harassment and refusal of treatment
- 55% of respondents who sought coverage for transition-related surgery were denied
Transgender Activism and LGBTQ+ Rights
History of Transgender Activism
- has been integral to the LGBTQ+ rights movement since the mid-20th century
- Trans women of color played pivotal roles in the and other acts of resistance
- Activists like and Sylvia Rivera were leaders in the early gay liberation movement
- Transgender activists and theorists have challenged essentialist, binary understandings of sex and gender
- Insisting gender is not determined by genitalia and exists on a spectrum
- Theorists like Judith Butler have advanced ideas of gender as performative
Transgender Advocacy Organizations
- Transgender advocacy organizations have fought for trans-inclusive non-discrimination protections, access to healthcare, and prison abolition
- National Center for Transgender Equality works to advance policy at the federal level
- Transgender Law Center uses impact litigation and policy advocacy
- Sylvia Rivera Law Project provides legal services for low-income transgender people and engages in organizing and advocacy
- was started in 1999 by Gwendolyn Ann Smith to memorialize victims of transphobic violence
- Transgender Awareness Week is observed annually in November to raise visibility and address issues the community faces
Inclusion in LGBTQ+ Movement
- Mainstream LGBTQ+ organizations have increasingly prioritized transgender issues and representation
- Human Rights Campaign, GLAAD, The Trevor Project have trans-specific programs and initiatives
- Transgender people serve in leadership roles in LGBTQ+ organizations and on boards
- However, LGBTQ+ organizations have faced criticism for lack of inclusion and ignoring the most marginalized trans people
- Trans people of color, low-income trans people, and trans sex workers are often left out of advocacy agendas
- There are tensions around centering respectability and assimilation over more radical visions of liberation
Progress and Challenges for Transgender Equality
Legal and Policy Victories
- The Supreme Court's 2020 Bostock v. Clayton County decision established that Title VII of the 1964 Civil Rights Act prohibits employment discrimination based on gender identity
- A landmark victory for transgender rights
- Applies to employers with 15 or more employees
- The Affordable Care Act banned discrimination based on gender identity in healthcare and insurance coverage
- However, the Trump administration rolled back protections, and many barriers to remain
- Biden administration has announced it will enforce ACA's non-discrimination provision
- In 2021, the Biden administration reversed the Trump-era ban on transgender military service
- However, regulations still allow restrictions based on medical diagnosis of gender dysphoria
Representation and Visibility
- Visibility of transgender celebrities has increased positive representation
- became the first openly transgender person nominated for an Emmy in 2014
- Janet Mock, Elliot Page, Chaz Bono have used their platforms to raise awareness
- However, mainstream media still often relies on stereotypes and casts cisgender actors in trans roles
- Films like Dallas Buyers Club and The Danish Girl cast cis male actors as trans women
- TV shows like Transparent and Pose have broken new ground but faced criticism for cis actors playing trans roles
Ongoing Marginalization
- Despite progress, transgender people continue to face interpersonal and systemic discrimination, violence, and barriers to full participation in society
- Transgender women of color are particularly vulnerable to violence, criminalization, and economic marginalization
- 47% of Black transgender people have been incarcerated, 10 times the rate of general population
- Transgender people face barriers to updating identity documents, navigating sex-segregated facilities, and accessing competent healthcare
- Only 11% of respondents in USTS reported that all their IDs had the name and gender they preferred
Transgender Rights and Gender Justice
Challenging Gender Norms
- Transgender activism challenges rigid, binary gender norms and expectations that constrain people of all genders
- Liberation for transgender people requires dismantling patriarchal, heteronormative, and cisnormative systems
- Transgender and non-binary identities reveal gender as a spectrum rather than a binary
- Transgender feminists have pushed for inclusion and leadership of trans women in the feminist movement
- Challenging notions of womanhood based on assigned sex and reproductive capacity
- Arguing that feminism must advocate for all women and people oppressed by gender
Intersections with Racial Justice
- Transgender activism intersects with racial justice, as trans people of color face compounded oppressions
- Trans people of color are often leaders in resistance and community organizing
- Transgender women of color led uprisings against police violence like Compton's Cafeteria Riot in 1966
- Criminalization of sex work disproportionately impacts transgender women of color
- Discrimination and poverty force many trans women of color to turn to survival economies like sex work
- Black trans women are often profiled and harassed by police even when not engaging in sex work
Roots of Anti-Trans Discrimination
- Attacks on transgender rights are often rooted in misogyny and efforts to maintain gendered systems of power and control
- Transgender liberation is thus intertwined with the liberation of women and feminine people
- Laws barring trans women from women's spaces are predicated on beliefs that women are inherently vulnerable and men are inherently predatory
- Moral panics around transgender people, especially youth, are fueled by desire to enforce traditional gender roles
- Arguments that affirming trans youth is "child abuse" frame deviation from assigned gender as inherently harmful
Global Transgender Rights
- Globally, transgender activists are fighting for legal gender recognition, access to gender-affirming care, and freedom from violence and discrimination
- Countries like Argentina, Malta, Ireland have passed laws allowing gender self-determination
- However, many countries still require sterilization, surgery, or psychiatric diagnosis to change legal gender
- Transgender rights are essential to achieving gender equality and justice worldwide
- The Yogyakarta Principles, developed by international human rights experts, apply existing human rights law to sexual orientation and gender identity
- The UN has called for an end to discrimination and violence against transgender people as a human rights priority
Key Terms to Review (18)
Anti-discrimination laws: Anti-discrimination laws are statutes designed to prevent discrimination against individuals based on specific characteristics, such as race, gender, age, sexual orientation, and disability. These laws aim to promote equality and protect the rights of marginalized groups, including transgender individuals, by making it illegal to treat them unfairly in various areas like employment, housing, and public services. Their enforcement is crucial for ensuring that all individuals have equal opportunities and protections under the law.
Cisnormativity: Cisnormativity is the assumption or belief that being cisgender—where a person's gender identity matches the sex they were assigned at birth—is the norm or default state of being. This perspective often marginalizes and invalidates transgender and non-binary identities, leading to societal structures that privilege cisgender individuals. It reinforces stereotypes about gender roles and expectations, making it challenging for transgender people to gain acceptance and equal rights.
Equality Act: The Equality Act is a proposed piece of legislation in the United States aimed at expanding civil rights protections for individuals based on sexual orientation and gender identity. This act seeks to provide comprehensive legal safeguards against discrimination in various areas such as employment, housing, public accommodations, and education, thereby promoting equality and affirming the rights of marginalized communities, including transgender individuals.
Gender expression: Gender expression refers to the external presentation of one's gender identity, which can include behaviors, clothing, hairstyles, voice, and mannerisms. This term is important because it illustrates the diverse ways individuals communicate their gender, which may or may not align with societal expectations based on their biological sex. Understanding gender expression is crucial in discussing transgender rights and the ongoing quest for gender equality in America.
Gender identity: Gender identity refers to an individual's personal sense of their own gender, which may or may not align with the sex they were assigned at birth. This internal understanding of one's gender can manifest in various ways, including behavior, expression, and social roles. Gender identity is crucial in discussions around social justice, equality, and human rights, especially concerning the LGBTQ+ community and the ongoing struggle for recognition and rights.
Gender-affirming care: Gender-affirming care refers to a range of medical, psychological, and social interventions designed to support individuals in aligning their physical bodies and social identities with their gender identity. This type of care is essential for transgender and non-binary individuals, encompassing services such as hormone therapy, surgeries, and mental health support, which collectively promote the well-being and dignity of these individuals in a society striving for equality.
Hate Crimes Legislation: Hate crimes legislation refers to laws that enhance penalties for criminal acts motivated by bias against a person's race, ethnicity, religion, sexual orientation, gender identity, or other protected characteristics. This type of legislation aims to address and combat the increased severity of violence and discrimination faced by marginalized groups, including transgender individuals, thereby promoting a more equitable society.
Hormone replacement therapy: Hormone replacement therapy (HRT) is a medical treatment that involves the administration of hormones to individuals whose bodies do not produce sufficient amounts naturally. It is often used by transgender individuals to align their physical characteristics with their gender identity, playing a crucial role in their transition process. HRT can enhance physical traits associated with the desired gender and alleviate gender dysphoria, significantly impacting the lives of many individuals seeking to express their true selves.
Intersectional feminism: Intersectional feminism is an approach that recognizes how various forms of social stratification, such as race, gender, class, sexuality, and ability, intersect to create unique experiences of oppression and privilege. This perspective emphasizes the importance of understanding and addressing the complexities of multiple identities in the struggle for gender equality and social justice.
Laverne Cox: Laverne Cox is an American actress and LGBTQ+ advocate known for her groundbreaking role as Sophia Burset on the Netflix series 'Orange Is the New Black.' As a prominent transgender woman, she has become a significant figure in the fight for transgender rights and visibility, challenging societal norms and advancing the conversation around gender identity and equality.
Marsha P. Johnson: Marsha P. Johnson was a prominent African American transgender activist and drag performer, best known for her significant role in the LGBTQ+ rights movement, particularly during and after the Stonewall Riots in 1969. She co-founded the Street Transvestite Action Revolutionaries (STAR) with Sylvia Rivera, focusing on the rights and welfare of transgender people and homeless LGBTQ+ youth, which has had lasting effects on the fight for equality and recognition in America.
Media representation: Media representation refers to the way in which various groups, individuals, and ideas are portrayed and depicted in various forms of media, including television, film, print, and digital platforms. This portrayal shapes public perception and understanding of these groups and issues, influencing societal attitudes and beliefs, especially regarding marginalized communities such as transgender individuals. The significance of accurate media representation lies in its potential to promote awareness, challenge stereotypes, and foster inclusion in the broader struggle for gender equality.
Queer theory: Queer theory is an academic framework that challenges the normative constructs of gender and sexuality, questioning fixed identities and emphasizing fluidity. It looks at how societal norms shape the understanding of what it means to be 'normal' in terms of sexual orientation and gender identity, aiming to deconstruct traditional binaries and highlight the experiences of marginalized communities.
Social Constructionism: Social constructionism is the theory that our understanding of reality, including concepts like gender, is shaped by social processes, cultural norms, and historical context. This perspective highlights how identities and roles are not inherent or biological, but instead constructed through social interactions and shared meanings. It emphasizes that both gender roles and rights are continually evolving due to changing societal values and influences.
Stonewall Riots: The Stonewall Riots were a series of spontaneous demonstrations by members of the LGBTQ+ community that took place in June 1969 in response to a police raid at the Stonewall Inn, a gay bar in New York City. These events are widely considered a pivotal moment in the LGBTQ+ rights movement, marking the beginning of a more organized fight for rights and acceptance.
Transgender activism: Transgender activism refers to the efforts and movements aimed at advocating for the rights, recognition, and equality of transgender individuals. This activism seeks to challenge societal norms, combat discrimination, and ensure that transgender people have access to necessary healthcare, legal protections, and social acceptance. At its core, transgender activism is about amplifying the voices of marginalized communities and striving for a more inclusive society.
Transgender Day of Remembrance: Transgender Day of Remembrance (TDOR) is an annual observance held on November 20th to honor and memorialize the lives of transgender individuals who have been victims of violence and hate. This day serves as a reminder of the ongoing violence faced by the transgender community and emphasizes the need for greater awareness, understanding, and advocacy for transgender rights and protections in society.
Transgender rights bill: A transgender rights bill is legislation aimed at protecting and promoting the rights of transgender individuals, ensuring they have equal access to services, protections against discrimination, and recognition of their gender identity. These bills can address various issues, such as healthcare access, employment discrimination, housing rights, and the ability to change legal documents to reflect one's gender identity, all of which are critical for advancing gender equality in society.