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Modern American Refugees
Dear Friends:
I was in Des Moines last week to present “Transgender 101 for Lawyers and Judges.” At the end of my talk, an audience member asked, “What advice do you have for Iowa families with a transgender or nonbinary child?” (The backdrop: Iowa recently passed legislation banning gender affirming care for children/youth younger than 18, and as well, mandated that schools prohibit trans kids from using restrooms and locker rooms that align with their true gender identity.)
I responded that the parents need to ask themselves two questions: “How bad is it now and how bad will it get?” I then added, “I believe it will get much worse.” Indeed, with the 2024 elections looming next year, I think we’re headed toward some states enacting laws that will prevent anyone from presenting in public near children in a way that’s different from the gender the person was assigned at birth. After all, that’s what the new drag show bans are about.
As I drove back to Minneapolis, I realized that the question, “How bad will it get?” is something that humans have wrestled with time and again. Certainly, Jews living in Germany in the early to mid-1930s faced that dilemma, and millions of humans either guessed wrong or lacked the resources to leave and paid a horrific price as a result.
How incredibly sad for some American families in 2023 to now face the same question, wondering whether to stay, or to go and thus become modern refugees in order to protect their child or children. This isn’t only in Iowa but in many other states, too. (More than a dozen states have now passed bans on gender affirming care for those younger than 18; 22 states have banned trans girls from participating in sports.) For further proof, see this AP News report, shared by NBC News, about how families are frantically searching for gender care options for their trans children in states with bans.
Thankfully, this past week Minnesota legislators bucked the trend by passing a bill that makes the state a refuge for transgender humans and their families. Read about it here.
Of course, the question of staying or leaving now also exists in other contexts—with women’s reproductive rights/bodily autonomy, access to Medicaid benefits, even access to food stamps (now called SNAP benefits). Ugh.
We can only hope that eventually, the pendulum will swing back, and the marginalizing laws will be erased. I hope that I am around to see that happen.
On a totally different note, three weeks ago spring briefly visited MN and then vanished. We had snow flurries and daytime highs in the low 30s just a couple days ago. Incredible!
My friends, please hang in there with all the bitter stuff coming your way—you have far more grit and resiliency than you might think! And remember too that I care about you!
ellie
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