Anything But Safe: An Examination of Anti-Transgender Healthcare Bills Introduced in 2021

2021 is already almost over and so many bad things have happened that it’s hard to keep up. And, as exhausting as it can be to keep up with current news, it’s very important to remain vigilant. For example, this year saw the rise of legislation targeting transgender rights. A record number of bills have been introduced in states across the US this year that seek to interfere with trans people’s safety and even prevent trans youth from accessing gender-affirming care. Two anti-trans bills from Tennessee and Arkansas that restricted trans rights in their states managed to become law. The bill in Tennessee required businesses to post signs on bathroom doors “warning” people if their bathrooms are trans friendly. The bill in Arkansas would make it illegal for doctors to prescribe any gender affirming care to a patient under the age of 18. However, these laws were thankfully shot down by a federal court in July. While this is a great victory for the trans community, attacks on the rights of the trans community are far too common. Considering this, I would like to focus on the bill that was introduced in Arkansas back in April and unpack some of its contents, and refute some of the anti-trans rhetoric. 

The S.A.F.E. Act

In April of 2021, Arkansas became the first state in the country to ban medical treatments for transgender minors. This bill, HB1570, is also titled THE ARKANSAS SAVE ADOLESCENTS FROM EXPERIMENTATION (SAFE) ACT. While being opposed by many, and even vetoed by the governor who had passed a different transphobic bill earlier this year, his veto was overturned by the Senate. Having read this bill in its entirety, I and many other trans activists find it to be deeply harmful and anything but safe. 

The bill restricts any medical professional from providing or referring youth under the age of 18 to any gender affirming care. This includes puberty blockers, hormone replacement therapy, and surgeries. The stated reasoning behind this decision is that transgender people only make up a small portion of the population and there haven’t been enough scientific studies into the longterm effects of these gender affirming procedures. 

It is important to mention that the most common form of gender affirming care that children and youth receive is puberty blockers, NOT hormones or surgeries. For many providers, a social transition is needed before they will even prescribe the blockers, to make sure that the child is comfortable living as their gender. 

Puberty blockers, as the name suggests, are prescribed to youth to postpone their puberty. These blockers are not only prescribed to transgender youth, but also to cisgender youth who are developing much earlier than their peers.  These blockers have been studied for their effect in youth for decades and have been found to be harmless and reversible. So, when adults begin to bemoan the use of puberty blockers in trans youth to prevent a possibly traumatic puberty, one has to question their intentions. There wasn’t this much of a pushback for cisgender children accessing these blockers. However, thanks to the recent bill in Arkansas, children of any gender identity will have a harder time accessing these blockers. 

Harmful Outcomes

If this bill had not been blocked by a federal court, it would have caused tremendous harm to the trans youth in Arkansas. Not only are trans and gendernonconforming youth more at risk to be bullied by their peers, they also have a higher rate of self harm and suicide. According to the Trevor Project, “40% of transgender adults reported having made a suicide attempt. 92% of these individuals reported having attempted suicide before the age of 25”. Restricting access to gender-affirming care will only increase the mental duress that trans youth feel from gender dysphoria. 

In addition, the process to accessing gender-affirming care like puberty blockers or hormone replacement therapy isn’t quick. In fact, most doctors who are capable of prescribing said medications require a letter from a psychiatrist who specializes in gender identity. Speaking from personal experience, I had to travel around 2 and a half hours to the nearest licensed psychiatrist who would be willing to discuss hormone replacement therapy. From there, it took months to get an appointment with a doctor who would prescribe testosterone to me. After that, it takes years of waiting to get a referral for top surgery and even longer to schedule the actual appointment. And this was while I was a legal adult advocating for myself, and I didn’t have to deal with potentially unsupportive parents, like many trans youth have to. 

This process isn’t easy, and it’s often exhausting to young trans people who have already had to justify their identity to everyone around them. Now, they have to push through miles of red tape to plead their case to a medical professional, some of whom aren’t even willing to give care to transgender patients. Many trans people have reported discrimination or harrasment from medical professionals because of their gender identity. Restricting trans peoples’ access to healthcare would also reduce the amount of trans patients that doctors would communicate with, isolating them from the community as well. 

Next Steps: Becoming an Effective Advocate

First things first, educating yourself about transgender issues and terminology is crucial to becoming an effective ally. There are plenty of online resources like GLAAD or the ACLU website that can teach you more about transgender identity. It’s alwasy incredibly important to keep in mind that trans people of color experience higher rates of violence, harassment, and medical discrimination. 

Secondly, if you live in one of the states that currently has anti-trans bills introduced, please call your representative and ask them to fight it. You can find out if your state has bills either enacter or proposed at theguardian.com, where there is a map detailing each state and their fight against anti-trans bills. 

Finally, be an advocate for transgender people in your own social circles. If you hear the kind of anti-trans rhetoric that these bills are promoting, call it out. Take the time to educate those around you about trans issues and encourage them to become advocates as well. The trans community needs allies who care about our wellbeing and our right to exist as ourselves.