Maryland Governor Declares Maryland A Trans Sanctuary State

Maryland is the 12th state to enact policies that refuse compliance with out of state laws that target transgender people. Governor Wes Moore signed the order on June 6th at a Pride event.

Maryland Gov. Wes Moore signed an executive order June 6th declaring the state a sanctuary state for transgender people fleeing other states. The order requires the state to protect all transgender individuals who are seeking gender-affirming care from other states. It prohibits the use of any resources - incarceration facilities, equipment, workforce time, ink to paper - in enforcing subpoenas targeting transgender individuals and their healthcare providers from outside Maryland. Maryland is the 12th state to implement such a policy, a measure that is gaining importance as more states opposed to transgender rights aim to limit or criminalize out-of-state care. Owing to recent healthcare protections for transgender people on Medicaid in the state and this new policy, Maryland has become one of the safest states for transgender individuals in the entire U.S.

The order outlines several measures Maryland will implement to ensure safety for transgender individuals. It mandates all state agencies to protect those within Maryland who provide, receive or assist in travel for gender-affirming care. The order prohibits agencies from sharing medical records and shields all care providers and recipients from being compelled to do so. Additionally, it includes a provision that the governor will not extradite any transgender individuals from the state to others for obtaining gender-affirming care for themselves or transgender youth in Maryland. Finally, it prevents doctors from losing their licenses in Maryland for providing gender-affirming care.

Maryland is the 12th state to pass a sanctuary state law for transgender people this year. The first state to introduce such legislation was California, where Senator Scott Wiener’s SB107 passed last year. Following its passage, several other states began to introduce and pass similar legislation. Though Maryland did not see any legislation introduced on this topic, recent developments in states targeting trans care led to the governor of Maryland pushing it through using an executive order.

Here are the states currently shielding transgender people and providers from extradition and investigations:

Map of safe state laws

These bills have grown increasingly necessary due to states taking actions that target transgender individuals seeking care outside their borders. West Virginia, a neighboring state, is among several that have banned gender-affirming care for most transgender youth. States such as Indiana, Mississippi and Iowa have prohibitions against "aiding and abetting" gender-affirming care for some individuals. Ohio is currently considering a similar bill that could criminalize assistance in gender-affirming care for some providers.

There are also recent enforcement efforts in targeting the parents of transgender youth. Texas, last year, conducted investigations into parents of transgender youth, accusing them of child abuse. Some legislators in other states have advocated for similar enforcement initiatives. Meanwhile, Idaho last year considered making it a felony to cross state lines to obtain gender-affirming care, and this year, established such rules for those assisting in abortion access. Taken together, these states are targeting transgender individuals and providers, posing a significant risk to those seeking care out of state.

Maryland’s order is the latest of several policies that have made the state extremely protective for trans people. Some of these policies include:

• Medicaid coverage of hair removal, gender affirming facial surgery (facial feminization surgery and facial masculinization surgery), chest masculinization and feminization surgery, voice therapy, and more.

• Easy drivers license gender changes so that trans people merely have to select a box at the DMV to get the correct gender marker.

• A ban on discrimination on the basis of gender identity has been in place since 2014.

• School nondiscrimination in schools that also has explicit guidance for transgender inclusion in schools.

• A ban on the trans panic defense so that intimate partners cannot get away with murder of transgender people.

• The state no longer requires name change publications where transgender people had to post their old names in the local paper - a policy still in effect in several states.

Many of these policies were heavily fought for by local organizations such as the Transgender Rights Advocacy Coalition, who also were heavily involved in the passage of the Medicaid protection law for transgender people in the state. Margo Quinlan, of that organization, stated, “This is a HUGE step in protecting trans people fleeing state violence across the US.”

Other states are currently working on similar policies. New York’s SB2475, a bill very similar to Maryland’s that also includes provisions around child custody when one parent wants to forcibly detransition a trans youth, passed the Senate overwhelmingly the same day. Although the news on transgender legislation in the United States has often focused on the states in which transgender people are under attack, a similarly large number of states are forging forward with increased protections for the community.