"Let Them Live!" - National Anti-Trans Bill Gets Its First Hearing And Democrats Push Back Hard

Anti-trans bills hit the national stage today in the Republican-controlled US House of Representatives. Democrats like Representative Jamaal Bowman blasted the bill for its discriminatory intent.

Representative Jamaal Bowman (D-NY)

Today, the first national anti-trans bill was heard that targets the transgender community. The now Republican-controlled House Committee on Education & the Workforce convened to hear Representative Greg Steube’s (R-FL) bill, HR734, a bill that would ban transgender people from sports that match their gender identity. Sports bans on transgender people were the first battle line in the legislative assault on transgender people - a fight which has grown to over 400 bills targeting trans people in every aspect of their lives. During the hearing, Democratic committee members offered amendments and delivered passionate speeches in opposition to the bill. Representative Jamaal Bowman (D-NY) delivered a stirring message focused on three words: “Let them live!”

Though this is the first nationally televised hearing for a national bill targeting the trans community, sports bans have been the subject of anti-trans legislation going back to 2020. The American Principles Project and the Alliance Defending Freedom identified a cynical new strategy: if they could start with sports bans, they could warm politicians up to passing full-blown eliminationist laws targeting trans people. In an interview with CNN, Terry Schilling at the American Principles Project explained this strategy, “The women's sports issue was really the beginning point in helping expose all this because what it did was, it got opponents of the LGBT movement comfortable with talking about transgender issues.”

Recently in an interview with the New York Times, the American Principles Project confirmed that the end goal of these bills was to eliminate transition care entirely:

And Mr. Schilling, of the American Principles Project, confirmed that his organization’s long-term goal was to eliminate transition care. The initial focus on children, he said, was a matter of “going where the consensus is.”

This particular bill does not have a high chance of passing. Although the House is under Republican control, the Senate would likely not be amenable to this bill. President Biden likewise would probably veto it. However, activists are concerned that legislation like this could be packaged with must-pass budget bills in anticipation of making this a central election issue for 2024. Both major presidential candidates for the Republican Party have made anti-trans efforts a major part of their policy platforms and both have released videos detailing their opposition to transgender rights. President Trump’s speech explicitly called for bills just like this one to be pushed nationally.

This is despite anti-laws being quite unpopular - anti-trans candidates suffered huge defeats in most states last election. Michigan’s GOP Chief of Staff blamed the focus on transgender issues as a major reason for losses in that state, for example. Anti-trans bans have seen some success but still have failed in most states. Transgender people still can play in sports in the majority of states - 18 states have passed sports bans that prohibit trans people from playing according to their gender identity. See this map from the Movement Advancement Project:

Movement Advancement Project Sports Ban Map

The low chances of success for the bill did not prevent fireworks during the hearing. Representative Pramila Jayapal (D-WA), for instance, put forward an amendment that would rename the bill the “Stigmatizing Vulnerable Children Act.” Representative Mark Takano (D-CA) called the Republicans on the committee cowardly for bringing it forward. Representative Suzanne Bonamici (D-OR) tried to put forward an amendment that would ban the use of period tracking software like what was proposed in Florida in order to track potential transgender students - Republicans voted this amendment down, indicating they were not against such a restriction.

Perhaps the most fiery of the speeches from Democrats came from Representative Bowman, who spoke about intersectionality and the United States long history of targeting minorities that are often misunderstood. He repeatedly said, “Let them live!”

It is important to note that this hearing represents an impactful moment in the progression of the attacks on transgender rights, and standing up strongly now will pay dividends in the future. We have moved from anti-trans sports bans being the primary subject of legislation 4 years ago, to bills targeting transgender people in every aspect of public life. Bills like forced medical detransition for trans youth, bans on drag that could target trans people, and fines of $35,000 just for calling someone transphobic are just a handful of the cruel laws that target trans people today. Some states like Arkansas and Florida have even introduced criminal bathroom bans again that would charge trans adults with sex crimes just for entering the bathroom. The speed in which anti-trans legislation has progressed into eliminationist policies has been swift.

Democrats must not cave on sports bans - and indeed, there is no evidence that they intend to do so. Even in intensely conservative states, I have yet to see a single vote where Democrats have supported these kinds of bans. Now that these bills have entered into the national debate, we will watch to see if they are prepared for the kinds of hearings that I have covered nationwide for the last three years. If this hearing is any example, we can at least be assured that they are ready to fight back.