Washington Becomes 10th State To Give Fleeing Trans People Protection From Other States

Several states have passed shield laws in recent months to counter the anti-trans laws that are proliferating in the United States. Washington becomes the 10th!

Amid the surge of anti-trans legislation in 2023, some states have taken steps to safeguard their transgender residents. Recently, a number of states have passed measures to protect transgender individuals seeking care. This legislation is in response to trans people crossing state lines who are leaving states where care is criminalized. Some visit temporarily solely for the care, while others plan to establish permanent residency.

State laws targeting activities such as "aiding and abetting" gender-affirming care have led to increased scrutiny, with states like Tennessee and Florida prepared to investigate companies offering such services across state lines. In response, protective legislation, known as shield laws, has emerged to defend patients and providers from out-of-state subpoenas and prosecution. Washington has become the latest state to enact such a bill, passing it with a 29-20 vote.

Washington’s bill, HB1469, protects transgender people, their families, and providers in several ways. It also protects abortion providers and patients who cross state lines for their care. The bill contains several provisions that ban enforcement of subpoenas if they pertain to gender affirming care or abortion, dubbed “protected healthcare services” in this bill. See one section where it even prevents the governor from extraditing patients who are charged with crimes relating to abortion or gender affirming care:

Extradition protection for trans people and abortion patients.

Sen. Yasmin Trudeau (D) outlined the reason the bill was needed in a recent interview:

“The purpose of this bill is to ensure that those seeking care or those providing care for reproductive and gender-affirming care under the laws of our state are shielded from liability. Washington voters and this Legislature have been very clear on this issue — we support the right to that access, we also support anyone who comes into this state to receive that access.”

Several nearby states have passed bans on gender affirming care in recent months. Idaho, Montana, North Dakota, South Dakota and Utah are among several states that have passed bans on gender affirming care for trans youth this year, which may lead to increased people traveling to states like Washington for their care. Though some are sitting on governors’ desks, they are all likely to go into effect. For the people traveling out of state for care to Washington, they can expect a whole range of protections if this gets signed into law by the governor, including:

• Protections from civil proceedings and private rights of action such as Texas’ abortion bounty hunter law.

• Protection from wiretaps and disclosure of electronic records.

• Protection of medical records.

• Denial of extradition out of state.

• Mandating no arrests for out of state gender affirming care or abortion charges.

• Denial of out of state subpoenas for information.

Washington is just the latest state to enact such legislation. In the past week, both New Jersey and Colorado have passed similar laws or signed executive orders. This follows an executive order signed by Minnesota's governor a few weeks ago, which provided comparable protections. Together, these states are establishing themselves as safe havens for transgender individuals in a nation where their care is increasingly criminalized. Likewise, these states affirm the connection between gender-affirming care and abortion rights, recognizing them as part of a united struggle for bodily autonomy.

Here is a list of states with shield laws passed:

States with protective shield legislation.

Legislation like this is a necessity. States that criminalize care have already shown a willingness to target people across state lines. Iowa, Indiana, Mississippi, and other states have clauses that make “aiding and abetting” gender affirming care against the law. Florida will hear a bill that would target companies for covering that care for their employees, regardless of where the employees live. Idaho has passed a bill that targets people who take abortion patients out of state - they have similarly tried to pass similar legislation targeting the trans community in the past.

Washington now stands alongside nine other states in shielding gender-affirming care and/or abortion from out-of-state prosecution. As 470 bills target the transgender community with harmful consequences, an increasing number of transgender individuals and their families are forced to consider relocation as their sole option. These states have unambiguously declared their borders as safe havens for fleeing trans people. While the exact number of individuals protected by these laws may never be known, those who rely on them could be spared from the harshest measures imposed by states intent on criminalizing their care.