As Republican-led statehouses continue to attack trans rights, some blue states are fighting back

On Jan. 13, Illinois governor JB Pritzker signed a sweeping abortion rights and gender-affirming care bill, HB 4664, into law. 

The bill, which promises that “the treatment of gender dysphoria or the affirmation of an individual’s gender identity or gender expression” is lawful healthcare, “whether such activity may constitute a violation of another state’s law,” aims to protect patients and healthcare providers from being prosecuted under anti-abortion or anti-trans healthcare laws in other states. 

Illinois senate president Don Harmon said that the legislation “solidifies our state against current and future attacks from those looking to roll back the clock and reverse progress,” reported the State Journal-Register. 

HB 4664 is one of a range of pro-trans bills that are currently being debated in U.S. statehouses, in response to Republican states seeking to ban trans people from things like accessing gender-affirming healthcare, using correct restrooms, participating in organized sports or updating their birth certificates.

Last year, 20 states introduced “sanctuary state” bills to prevent families who cross state lines to access gender-affirming care for their trans kids from being prosecuted. The first of these to be introduced, California’s SB 107, came into effect on Jan. 1. Another similar bill, SB 36, which would prohibit magistrates from issuing arrest warrants for people who violated abortion or trans health bans in another state, was introduced in December.

Minnesota’s version of the sanctuary state law, SF 63 and HF 146, are both expected to pass the state’s Democrat trifecta. But New York’s proposed sanctuary state bill, SB S8842, didn’t pass before the last legislative session ended. 

In addition to trans health protection bills, some states are working on improving legal rights for trans people in other areas. Since the U.S. updated its federal guidelines to allow X markers on passports last April, non-binary gender markers have also become a focal point for state-level bills.

New Jersey bill A 1171 would update all state forms to only include gender, sex or sexual orientation information when “vitally necessary” and allow for “non-binary designations” in all cases; while New York bill SB 1110 would ensure a non-binary X option in documents used by “state agencies, public authorities and municipalities.” And following the settlement of an ACLU lawsuit last year that promised to make legal gender changes easier in West Virginia, HB 2101 would spell out the streamlined procedure in law, and recognize X markers on birth certificates. 

Relatedly, Washington’s SB 5028 would simplify the mechanisms for legal name changes, helping trans and non-binary people to be able to more easily update their documents to have the correct name. And California’s AB 223, the Transgender Youth Privacy Act, would ensure that trans youth under 18 who update their name or gender don’t have that information available on the public record.

Utah has also seen a trans healthcare bill introduced: HJR 5, which would make it easier for public employees to access gender-affirming surgery under their insurance plans. The bill was introduced by Democrat Rep. Sahara Hayes in a statehouse with a 41-person Republican majority—so it may not have the votes to pass. 

Maryland legislators are also working on a bill to expand Medicaid to cover more trans-affirming healthcare, such as facial feminization surgery. The Maryland Trans Health Equity Act has been floated, but not yet introduced this year, after it failed to pass in 2022—after seemingly disappearing from the system. However, activists are hopeful it would pass Democratic-majority state legislature, and become law with the help of the state’s newly elected Democratic governor.

Illinois has a wide range of bills under consideration to improve lives for trans people, from allowing self-ID to change birth certificates without a fee (HB 9) or legalizing multi-occupancy, multi-gender bathrooms under the state building code (HB 3195) to an amendment ensuring patients obtaining abortions or gender-affirming care can’t be extradited (SB 1534 HA4). 

Although the number of bills supporting trans rights pales in comparison to the number of anti-trans pieces of legislation filed so far this legislative session, they serve as a reminder that anti-trans views are nowhere near universal. 

Advocates say every trans-positive bill, big or small, is a step toward ensuring trans, non-binary and gender nonconforming people in the U.S. feel like their rights matter. As legislative researcher and Xtra contributor Erin Reed pointed out, “In a time where trans people are facing threats of violence, protective policies make us feel safer.”