Transgender Rights the US and Ireland: Are We Regressing?

by Chloé Asconi-Feldman, SF Law

In March 2023, Tennessee passed a bill which discriminated against transgender youth and drag performers. Senate Bill 0001 essentially bans transgender minors in Tennessee from receiving gender-affirming healthcare, including puberty blockers, hormones, and gender affirming surgery. Another law passed in the same month by Tennessee’s Republican Governor Bill Lee also restricts drag shows from taking place in public or with children in attendance in an attempt to limit the development of drag within the state In response to the bills, there have been rallies planned by organisations such as the Human Rights Campaign to promote acceptance and protect LGBTQ+ speech and expression.

Many medical organisations, including the World Health Organization and the American Medical Association, endorse gender-affirming care for minors as an effective treatment for gender dysphoria Despite this, children currently taking these influential medications in Tennessee must cycle off the drugs by 31 March 2024 according to the new law. As certain medical professionals and researchers have endorsed such care for transgender youth as reputable, it is submitted that Governor Bill Lee’s legislation endorses a transphobic mandate for healthcare. Essentially, this law goes beyond prohibiting gender affirming medication for minors by banning gender dysphoria as a legitimate diagnosis The law completely disregards any youth who experience gender identity disorder or gender incongruence, reflecting state intolerance

Senate Bill 0003 was also passed in conjunction with this bill restricting “adult-oriented performances that are harmful to minors” in public areas, adding “male and female impersonators” to the list of performers under restrictions. This, in essence, targets drag performers, which is why this bill is commonly referred to as the “Drag Bill ” Although it is acknow- ledged that there is value and understanding in legislation banning children’s exposure to explicit content, the consequences that this bill will have on transgender communities and future legislation regarding drag shows is significant, and should not be disregarded in the eyes of the law. Drag does not have to be a sexualised show, which is why implementing a blanket ban is overly restrictive when it does not need to be

Critics state that this legislation, and other attempted ‘drag bans,’ might be a response to events where drag queens are directly interacting with children. This includes country-wide events such as ‘Drag Queen Story Hour,’ where drag queens read books to children in library style readings. These events have been perceived by conservative politicians as threatening, which is the reason for this increase in legislation banning drag performers Ultimately, it is a parent’s choice to bring their children to these ‘Drag Queen Story Hours’ or other community events If these families do not agree with these events, it is submitted that they simply do not have to attend. Instead, implementing harsh legislation puts transgender communities at a larger risk of discrimination and teaches future generations patterns of avoidance and intolerance.

This issue has gained national attention, with White House Press Secretary Karine Jean-Pierre stating that Governor Bill Lee has not laid out clearly why drag shows are an issue for the American people JeanPierre goes further, stating that these policies are not only unnecessary but have dangerous implications as well. Since 2014, the Human Rights Campaign has found that Tennessee lawmakers have passed 14 antiLGBTQ laws, which is more than any other state, with Lee’s focus on anti-LGBTQ legislation receiving additional backlash for encouraging other states to pass harsher legislation on trans people Legislators in other states have already filed similar proposals to that in Tennessee, such as Texas, West Virginia, Nebraska, and South Carolina Indeed, independent legislative researchers have observed that 2023 has seen more anti-transgender legislation passed than any other year in American history.

Turning to a consideration of transgender rights in Irish law, the Gender Recognition Act 2015 enables trans people to apply to have their preferred gender legally recognised by the State This applies to everyone over 16, where anyone over the age of 18 can apply, and those who are aged 16 or 17 may apply, but have to face a more complicated process Since they are minors, a parent or guardian would have to apply on their behalf while applying to the Circuit Family Court in order to exempt the child from the over-18 age restriction. The age requirement to access gender hormone therapy is 16 years old. Despite its permission in Irish law, the Irish Medical Times conducted an investigation on its practice and found that many Irish trans patients are resorting to “DIY healthcare,” after feeling that the HSE has failed them

A patient at Loughlinstown hospital has reported that the average wait period is seven years before patients can access the services To avoid such a long waiting period, many who want to acquire these services do so by illegal means. On the black market, hormone therapy is significantly cheaper, the wait times are significantly lower, and patients do not have to worry about invasive assessment procedures and medical reluctance that many face in the Irish health care system

Seven-year wait periods and astronomical prices have not proven effective in Ireland Although trans people are better legally protected in Ireland than in Tennessee, Irish policy still has shortcomings and it is important that we remain critical of Ireland's legislation as it is not as accommodating in practice as it is on paper. What we can learn from Governor Bill Lee’s legislation is that transgender rights must be protected in legislation so we do not promote discrimination to future generations