It should go without saying that the ACLU of Mississippi opposes anti-transgender legislation. The introduced SB 2171, named “Transgender 21 Act” is no exception. The bill was proposed on January 8 by Senator Angela Burks Hill and, if enacted, would ban transgender people under the age of 21 from seeking medically necessary gender-affirming care.
It’s important to make clear that, although there is plenty of work to do to improve Mississippi law, this bill is so repugnant that it does not have the oxygen to make it out of committee, in Mississippi. SB 2171 was proposed by a lawmaker with an unpopular agenda and will not become law.
It is also important, however, for the larger community to understand the harms that transpire when a bill like this does become law. According to the CDC, almost 2% of high school students identify as transgender. A bill like this would likely impact at least 10,000 young people in Mississippi, preventing them from receiving needed healthcare. And, the misinformation around healthcare for transgender youth adds insult to injury. Best practice medical care for transgender youth simply delays puberty until young people are old enough to make their own decisions about their lived gender. The bill aims to take away healthy choices. A lack of healthy choices, in turn, increases suicidal ideation and severe psychological distress in transgender youth. A staggering 40% of transgender people attempt suicide in their lives and suicide is the second leading cause of death among young people aged 16 to 24.
If a bill like this were to pass, medical professionals could be punished for even mentioning gender identity without the consult and express permission of a trans youth’s parents or guardians, banning best practice medical care that is backed by the American Academy of Pediatrics, the American Medical Association and other leading health agencies. It would also bar state employees from trying to protect trans youth’s gender identity, and make it legally required for medical professionals to “out” trans youth if they made an attempt to receive healthcare services. The act of “outing” someone is detrimental because it is a violation of privacy and makes people feel both blindsided and forced to reveal a deeply personal part of their identity without their consent and under someone else’s terms. Coming out is a process and can be a difficult for someone because of discrimination, transphobia and marginalization from their families and their community. Doing should always be left up to the person who owns the identity.
These are just some of the harms that a bill like the Transgender 21 Act would cause. The proposed bill is obviously reckless. No one should be deterred from seeking health care because of who they are. Patients and their health care providers, not politicians, should decide what medical care is in the best interest of a patient in accordance with current medical best practices. Like the American Academy of Pediatrics and other major medical associations, the ACLU of Mississippi recognizes that supporting transgender youth is critical to their health and wellbeing. We envision and fight for a Mississippi where LGBTQ+ people can lead healthy and thriving lives, without leaving the state they love.
