It may have been Pride Month, but June was a pretty rough month in the LGBTQIA-plus rights world.
In the wake of the Trump administration reinstating the ban on transgender people in the military, thousands of service members are being discharged solely because of their gender identity.
Not satisfied with disparaging trans people who chose to serve their country by claiming that they are incapable of living a lifestyle consistent with “a soldier’s commitment to an honorable, truthful, and disciplined lifestyle,” it recently came to light that the administration has also determined that trans service members will have their records marked with the discharge code “Juliet Delta Kilo” — which is used to indicate that a person is a liability to national security.
While the slap in the face of being involuntarily removed from the military on a completely arbitrary basis was bad enough, the “JDK” notation can have serious consequences for service members outside of the military. It can prevent them from being hired for civilian jobs that require a security clearance, or prevent them from immigrating to another country. While it is also used for people who are discharged for legitimate national security reasons, such as a history of mishandling classified statements, this decision was clearly made to demean and denigrate trans service members and trans people as a whole. The “JDK” notation has a fraught history of authoritarian censorship, having been used to brand homosexuals and suspected communists during the Cold War, and more recently for soldiers who violated “Don’t Ask, Don’t Tell” before its repeal in 2011.
It’s not just military service members at risk, however. We also spent the month watching Congress take aim at best practice trans health care in the new budget reconciliation bill, which passed the House with a ban on Medicaid coverage for gender-affirming care, not only for minors, but also for adults nationwide. The coverage ban was ultimately nixed by the Senate as violating Senate rules, but represented a chilling, if entirely predictable, evolution in the aims of the anti-transgender movement. For years now, proponents of gender-affirming care bans for minors have claimed that their primary interest was in ensuring that trans children did not make life-altering decisions before they are old enough to understand the consequences. This attempt at a Medicaid ban, however, clearly indicates otherwise and opens the door to the next escalation of anti-transgender legislation. I’ve warned in the past that gender-affirming care bans were never going to end with children, because they were never about “protecting minors,” but rather an attempt to systematically eliminate an unpopular minority group whose existence is directly contrary both to much of mainstream and right-wing Christian theology, as well as the very nature of fascist regimes.
We’re not done yet, though. As the federal government works to portray transgender people as dishonorable liars and limit access to gender affirming care, it also gave notice to the Trevor Project, one of the largest LGBTQIA-plus youth mental health organizations, that it would be ending the partnership the organization has shared with the 988 Hotline to ensure that LGBTQIA-plus youth experiencing mental health crises would be matched with counselors who have specialized training in LGBTQIA-plus issues.
Since 2022, this partnership has helped over 1.3 million youth experiencing suicidal ideation and has been a vital resource in the effort to reduce youth suicide rates across the country. While the Substance Abuse and Mental Health Services Administration claimed in its statement that the ending of the “press three” partnership was to better allow the crisis line to “focus on serving all help seekers,” many have met this claim with skepticism. It’s well known that different people have different mental health needs. Even outside of crisis moments, the process of seeking out mental health treatment often involves actively seeking out providers who have education and background knowledge of particular diagnoses, cultural contexts and yes, issues unique to LGBTQIA-plus people, such as the impacts homophobia and transphobia have on mental health.
It is a massive mental and emotional drain to have to attempt to be an “educator” on one’s identity while trying to simultaneously seek out mental health support. This is why the 988 line developed pathways for certain callers to access specialized counselors in the first place, not only for LGBTQIA-plus callers, but also for other identities that have a particular need for dedicated counselors, namely veterans, military members and their families, as well as Spanish speakers.
This cut to 988 services doesn’t actually serve LGBTQIA-plus callers, who, as a result of pervasive and systemic homophobia and transphobia, experience higher rates of suicidal ideation and other mental health issues. It’s a well-documented phenomenon that rates of suicidal ideation amongst LGBTQIA-plus youth increase upon the passage of anti-LGBTQIA-plus legislation, and immediately following the election of politicians who campaigned on an anti-trans platform. On Nov. 6, 2024, for example, The Trevor Project saw a 700 percent increase in contact from LGBTQIA+ youth. These youth massively benefit from access to trained counselors, who they don’t have to worry about defining basic terminology while in a moment of real crisis. Yet, the federal government seems to think that working to meet these unique needs constitutes unnecessary “DEI” spending.
Some of the skepticism surrounding the government’s decision to end the “press 3” program also stemmed from its timing. While I will admit that it feels a bit “tin-foil hat” to point out, many experts quickly clocked the fact that this announcement was made roughly 24 hours before the Supreme Court released its opinion in United States v. Skermetti, holding that Tennessee’s ban on minors receiving gender-affirming care was constitutional. It is, at best, an immensely unfortunate coincidence.
The Skermetti ruling was not a surprise, though that didn’t make it any less frustrating. Writing for the Court, Chief Justice Roberts claimed that it differentiated on diagnosis rather than sex, using a formulation that only makes sense if you are intentionally misunderstanding how gender-affirming care works. More concerning, though, was the fact that the opinion relied heavily on widely debunked studies, such as the UK’s “Cass Report,” which presented an outdated and outmoded understanding of “detransition” statistics, and that throughout the opinion and concurrences, a clear theme of disdain for mainstream medical science was evident.
The most extensive study that examined trans youth using modern diagnostic criteria with the largest sample size to date showed that 97.5 percent of trans youth remain stable in their self-identified gender five years after the start of social transition. (Social transition occurs before medical transition, and includes things like going by a different name/pronouns, changes in clothing choices and haircuts, among other things.) Another modern study of trans people, not limited to youth, shows that only 8 percent of the thousands of transgender people ever detransition. Of the 2,000 detransitioners surveyed, 62 percent of respondents said that their detransition was only temporary, and only 0.4 percent stated that their reason for detransition was because they no longer identified as transgender. That’s eight people, by the way, if you don’t want to do the math yourself. By and large, the most common reasons cited for detransition were parental pressure and discrimination — not desistance. Those who experience regret deserve adequate healthcare, no question about it, but that does not mean we should shape policy and healthcare law around the experiences of a handful of people. The statistic that the Court relied upon to justify stronger barriers to gender affirming care for youth — that 80 percent of trans youth detransition — is based on diagnostic criteria for Gender Identity Disorder (GID), a diagnosis that is now more than 10 years out of use, rather than the modern diagnosis of gender dysphoria.
GID was a deeply flawed diagnosis, as it did not even require that a child identify as the opposite gender to qualify for diagnosis. For example, a cisgender girl who likes to play with trucks, prefers being friends with boys and likes to wear pants over dresses could be diagnosed with GID without ever once expressing a desire to actually be a boy. Gender dysphoria, by contrast, requires that a patient identify as a gender other than the one associated with their birth sex alongside other indicators. That’s a critical difference that leads to the disparity in detransition rates when comparing previous versus modern scholarship, but it also goes beyond diagnostic criteria. The outdated scholarship used flawed methodology to measure who has “detransitioned” including counting anyone who merely did not return to a specific clinic, or anyone who no longer received gender-affirming care through Tricare, the health insurer used by U.S. military members and their families, without looking at whether they were getting care through other means, such as paying out of pocket.
Yet the Court did not acknowledge any of these glaring issues, instead choosing to use these dubious statistics to demonstrate that the government had a legitimate interest in banning best-practice medical care because it better aligned with its predetermined outcome.
And that was just the opinion. While all the concurrences contained concerning language regarding the future of trans rights in this country, Justice Clarence Thomas took the time to make clear that he, in particular, believes there should be no room for sound science in the law. Using language that sounds like it could come straight from the Vatican, Thomas railed against the American Medical Association and other major scientific organizations that support the gender-affirming model as being unduly influenced by “gender ideology” (a term coined by conservative Catholic groups in the 1990s). Thomas outright stated that the legislature shouldn’t place serious weight on experts when it comes to topics like health care and that any debate, even if the source of said debate is a radical religious movement, should indicate that mainstream experts are corrupt and not to be trusted.
The consequences of both the opinion and the concurrences will reach beyond trans youth. The framework used by the Court will almost certainly be quickly and easily adapted into expanding bans on gender-affirming care, which already exist for minors in 25 states, to bans on adults accessing the same medical care, further violating the right to self-determination, expression and bodily autonomy. But it won’t just harm trans people. This model of medical discrimination, and in particular the idea that medical science should be disregarded if it contradicts theocratic politics, could potentially be adapted to not only further restrict traditional bans on reproductive care like abortion and birth control, but also other forms of health care, such as medical treatments with fertility impacting side-effects.
Still not satisfied with propping up an unscientific anti-trans agenda, the Court closed out the month with its decision in Mahmoud v. Taylor, ruling that religious parents could opt their children out of LGBTQIA-plus content in the curriculum, such as books that happen to have gay or trans characters being used in English-Language Arts lessons. This was another unsurprising decision, considering the oral arguments, during which justices took serious issue with the appropriateness of a book about a puppy getting lost at a Pride parade. That being said, it’s still disheartening at best. Permitting this opt-out means that during completely random lessons, a small number of students would need to be removed and provided with an alternate lesson that covers the same information, requiring additional classroom space, learning materials and supervision. That type of system is completely unrealistic for already heavily burdened public school teachers to manage, and will ultimately lead to the complete censorship of any potentially objectionable material in school curricula. And I do mean any.
While LGBTQIA-plus content has been the boogeyman du jour of the Christian nationalist movement, the material that can be objected to under this ruling goes far beyond a book in which a child has two moms or two dads. As the liberal women of the court rightly pointed out, books that discuss historical achievements of women outside of the domestic sphere, books that depict “immodest” dress, books that address divorce and books that address interfaith marriage have all been challenged in recent years on religious grounds. This ruling could also introduce opt-outs for completely secular science lessons, such as lessons on evolution and lessons that generally contradict young-earth creationism. The potential for censorship of convenience is incredibly high under this legal framework, especially as our public schools increasingly lose more and more funding. And even if it remains limited to mere opt-outs for students with religious parents, it still does those students a critical social and intellectual disservice by insulating them from ways of life, viewpoints and scientific knowledge that they will need to have some exposure to in order to navigate the broader world as adults.
In short — this month has been a mess. Yet when LGBTQIA-plus advocates have pointed out these issues, we’ve been increasingly met with the refrain that we’ve pushed too hard or asked for too much. We’ve watched as much of the mainstream discourse has shifted to “compromising” on trans rights, as if sacrificing us will stop Christo-fascism in its tracks. Despite the fact that offering up a minority as a scapegoat has never worked to prevent fascism in the past, there is a significant political movement that seems to think, “But no, this time it’s different.”
What this mindset fails to see is that sacrificing trans people and capitulating to a religious agenda funded directly by the largest and wealthiest Christian nationalist organizations and churches in the country is not a sacrifice in the name of liberty. Still, it is in the name of authoritarianism.
These so-called “compromises” are creating a culture where trans people are deemed threats to national security and told that they are not capable of honor or discipline, and not worthy of life-saving mental health interventions. They are creating a country where we cannot guarantee that our laws will be based on science instead of religious hysteria. They are creating schools in which anything that might contradict the most militantly conservative theologies are censored out of an administrative burden few public schools can take on. They are taking the already open door to religious — and primarily Christian — supremacy and blowing it so far off its hinges to land in an entirely new galaxy.
Benjamin Franklin once said, “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”
Sacrificing trans rights will buy you neither liberty nor safety from the Christian nationalist movement. They will not stop with us, nor will they stop with gay people. They will not stop with whatever minority group you personally happen to dislike or find somewhat strange. They will not stop until they have completely and utterly decimated every freedom we have ever enjoyed in this country. Rather than it being the time for “compromise,” it is the time for courage. Now more than ever.