Many transgender bills are authored by experts in hate
At least 17 states have enacted laws restricting or banning gender-affirming care for transgender minors, though judges have temporarily blocked their enforcement in some, including Arkansas. An Associated Press analysis found that often those bills sprang not from grassroots or constituent demand, but from the pens of a handful of conservative interest groups.
Many of the proposals, as introduced or passed, are identical or very similar to some model legislation, the AP found. Those ready-made bills have been used in statehouses for decades, often with criticisms of carpetbagging by out-of-state interests. In the case of restrictions on gender-affirming care for youths, they allow a handful of far-right groups to spread a false narrative based on distorted science, critics say.
“These are solutions from outside our state looking to solve nonexistent problems inside our state,” said Aaron Jennen. “For whatever reason, they have the ear of legislatures in states like Arkansas, and the legislators will generally defer to and only listen to those individuals.”
The AP obtained the texts of more than 130 bills in 40 state legislatures from Plural, a public policy software company, and analyzed them for similarities to model bills peddled by the conservative groups Do No Harm, which also criticizes efforts to diversify staffing in medicine, and the Family Research Council, which has long been involved in abortion restrictions.
One of the clearest examples is in Montana, where nearly all the language in at least one bill can be found in Do No Harm’s model. Publicly available emails from December show the Republican sponsor, Sen. John Fuller, tweaked the model before introducing it weeks later. Democrats criticized his efforts.
“This is not a Montana issue; it is an issue pushed by well-funded national groups,” Democratic Sen. Janet Ellis said during debate in February.
Republicans pushed back.
“Someone mentioned this is not a Montana solution. And I can tell you that I won my election on this issue,” said Republican Sen. Barry Usher, who ran unopposed in the general election after winning his contested primary.
The Montana bill passed in March with much of Do No Harm’s model language intact and has been signed into law.
Do No Harm’s model and the 2021 Arkansas bill endorsed as a model by the Family Research Council also have many similarities, including the assertion — rebutted by major medical organizations — that the risks of gender-affirming care outweigh its benefits.
Republicans’ recent focus on legislation to restrict aspects of transgender life is largely a strategy of using social “wedge issues” — in the past, abortion or same-sex marriage — to motivate their voting base, political observers say. And it does appear to resonate; a Pew Research Center survey a year ago found broad support among Republicans, but not Democrats, for restrictions on medical care for gender transitions.
It’s important to recognize this for the political strategy it is. They’ve done it many times before. And they are always based upon misinformation, bigotry and repression. This time they’re going after kids, even as they rend their garments claiming they are “saving the children.” It’s heart-breaking.