this post was submitted on 07 Mar 2026
24 points (100.0% liked)
AskTransgender
733 readers
9 users here now
A place to ask transgender people questions and get answers about the trans experience.
Rules:
-
Respect other people's identities
-
No Fetishizing Trans people
-
No Gatekeeping about not being "trans enough"
-
No Inciting Drama
-
No personal Agendas
-
Posts should encourage discussion
founded 2 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
I lived in one of those states, and that interpretation of the law is incorrect, the courts have a rather high standard and narrow interpretation of what is considered "harm to children"
as the ACLU clarifies:
These drag bans absolutely do not apply to trans people walking down the street, and these laws have been in place for years without any enforcement like you are describing. So far they mostly use the law's ambiguity to threaten legal action to shut down drag performances at pride parades, etc.
One of the fears I had as a trans person living in those states is that overnight I would wake up and the police could just try to the law as an excuse to go ahead and arrest trans people anyway, and then let the mess play out in the courts where conservative judges could find creative ways to ignore or work around the restraints on the law, but this is very unlikely and more just my fear talking than anything like an actual path forward for successful criminalization.
That said, I do think the most extreme anti-trans elements of the GOP are trying to push full criminalization as they can, but have mostly failed to get support even from their own party in the most anti-trans states. In 2025 Texas had a state bill proposed that would criminalize all trans people for "gender identity fraud" and they weren't even able to get it to a vote.
So, I'm not as confident as you that it's as certain as "when, not if", even if I do agree that we might see full criminalization happen in some states. (That's actually why I left my home and moved to a blue state, I anticipated under the Trump administration that the most anti-trans states will be more motivated to push for full criminalization.)
That said, my anticipation of quick criminalization has not yet come to fruition, and now I wonder why some of those states like Florida haven't even attempted it.
Florida makes it so that if you're trans and in jail, they forcibly try to detransition you.
That was adopted by the Federal Prison System and made stricter. Trump also signed an order to bring back mental asylums.
I would be really surprised to learn that the plan WASN'T to have RFK Jr. announce a "pandemic of transness" to have anyone gender queer sent to these asylums.
I am in NC. I wanna try to move to Virginia if the chance presents itself.
While I don't think Gender Identity Fraud will become a crime in itself (Even Trump's supreme court would declare it a violation of the First Amendment). I know they're gonna try to make transition all but impossible.
I think they'll either claim its "Too sexual for the public" (Kinda like how they made being gay in public a crime by labeling public displays of affection a crime and selectively enforcing it) or have it declared a mental health epidemic.
I am amazed every Purple Or Red state hasn't jumped to copy Kansas. (Though many have stopped allowing people to update their IDs. And Indiana seems to be trying to revert them back to birth sex)
I really hope Gavin Newsom isn't the Democratic Nominee. While I think he can beat Vance, I can see him being to the right of Trump on trans issues.