Trans Rights Under Threat: Eliminationist Policies Aim to Erase Trans Lives
WV Legislature Considers Bills Limiting Healthcare Access for Trans youth and Degrading Trans Existence
West Virginia is considering several anti-trans bills that would have a significant and negative impact on trans individuals' lives in the state. These bills include restrictions on medical care for trans youth, limitations on access to gender reassignment surgery and hormone therapy, restrictions on gender expression and identification in public spaces, a ban on the use of preferred pronouns in schools, and increased penalties for a revised definition of indecent exposure that includes any materials relating to transgender indenting. The bills may reinforce harmful stereotypes and stigma against the trans community, restrict their ability to express gender identity and receive necessary medical care, and create a hostile and unwelcoming environment. The negative impact of these bills on trans lives must be considered as the bills move through the legislative process.
House Bill 2007
House Bill 2007 prohibits physicians in West Virginia from providing "irreversible gender reassignment surgery" or "gender altering medication" to individuals under 18, except for those with medically verifiable disorders of sex development, physical disorders or illnesses, or who are undergoing gender transition procedures. This bill hurts trans youth as it limits their access to medical care, which may be crucial for their gender transition and overall well-being.
House Bill 3176
This legislation prohibits drag performances in front of minors and the use of state funds for hosting such performances in schools and libraries. The bill defines a "drag performance" as a performance in which a performer has a gender identity that differs from the gender assigned at birth, wears clothing or accessories that exaggerate the opposite gender identity, and appeals to prurient interest. The legislation could negatively impact trans youth and adults participating or performing in drag shows by limiting their ability to express their gender identity publicly.
House Bill 3183
This bill restricts minors' access to gender reassignment surgery or hormone replacement therapy, prohibits public employees and institutions from advocating a particular expression of sexuality or gender, and restricts school representatives from providing counseling regarding a student's gender or sexuality. The bill also prohibits the use of telehealth services by physicians in this state for minors seeking hormonal therapy or gender reassignment surgery without the consent of a parent or guardian.
House Bill 2125
A bill to abolish the Human Rights Commission.
House Bill 2972
This bill would negatively impact transgender minors in West Virginia by restricting their access to gender reassignment surgeries and gender-affirming care provided by public universities and their healthcare facilities. Medical providers could deny these services to transgender minors, which would harm their mental and physical health and limit their ability to live as their true selves.
House Bill 3001
This law would harm transgender students in West Virginia by allowing public school teachers to refuse to use their students' preferred pronouns if they are inconsistent with the student's biological sex. Teachers ignoring the wishes of their students violates the basic principles of respect, inclusivity, and dignity for all students and harms the mental health of transgender students, who already face discrimination. The law would also create a hostile and unwelcoming environment for these students, contributing to their marginalization and lack of support. Additionally, the law sends a negative message about the value placed on the rights and dignity of transgender individuals by not protecting teachers from adverse employment actions for refusing to use preferred pronouns.
House Bill 3097
This law would negatively impact transgender youth and individuals by prohibiting Medicaid and CHIP payment for irreversible gender reassignment surgeries for those under 18 years old. Preventing these publicly funded health insurance providers from paying for these procedures would limit access to necessary medical care and create financial barriers for transgender youth to receive treatment essential for their gender identity and well-being. The law's definition of biological sex based solely on physical characteristics at birth ignores the lived experiences of transgender individuals reinforcing harmful stereotypes, potentially harming the mental and physical health of transgender youth, and perpetuating stigma and discrimination against this marginalized group.
Senate Bill 103
This bill negatively impacts the West Virginia LGBTQ+ community, particularly trans kids and families who attend drag shows. The definition of drag shown in the bill is vague and may restrict individuals from freely expressing themselves through clothing and makeup that amplify their gender identity. The prohibition of minors from being involved in drag shows violates their freedom of expression and limits their cultural and artistic engagement. The penalties for violating this section, such as parenting classes, substance abuse counseling, and anger management counseling, unfairly punish individuals and families for expressing themselves in a manner that aligns with their identity and reinforces harmful stereotypes and stigma against the LGBTQ+ community.
Senate Bill 252
This bill prohibits obscene material in public schools in West Virginia, including within 2,500 feet of the premises. School officials and personnel must ensure that any obscene material is promptly removed and can be held accountable for failing to report suspected exposure to such material by children. Public funds cannot be used for the development or distribution of materials that promote sexual activity or for distributing legally obscene materials to minors. Any individual who violates this section may face criminal penalties.
Conclusion
The recent proliferation of anti-trans legislation in West Virginia is a cause for alarm and represents a direct attack on the rights and dignity of the state's trans population. The bills introduced not only restrict access to gender-affirming care and services but also contribute to a hostile and unwelcoming environment for trans individuals, putting their mental and physical health at risk. These legislative efforts exemplify eliminationist ideologies, seeking to eliminate trans people from existence and perpetuate a form of cultural genocide. It is imperative for all citizens to stand up for trans rights and to advocate for an inclusive society that treats everyone with dignity and respect.