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You Got Your Abortion Bill In My Trans Ban!

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There was a hell of a lot of news just yesterday about the ongoing effort to make sure women, children, and some men too don’t get any silly ideas about having bodily autonomy, so let’s dig right in, with the reminder that the GOP’s drive to ban abortion everywhere is hugely unpopular with everyone except the hardcore anti-abortion folks who now dominate the Gruesome Orc Party.

North Carolina: GOP Lege Overrides Veto, Passes 12-Week Ban

The Republican supermajority in both houses of the North Carolina Legislature voted Tuesday to override Democratic Gov. Roy Cooper’s recent veto, passing a ban on abortions after 12 weeks of pregnancy. The veto override wouldn’t have been possible in the state House without the party switch by state Rep. Tricia Cotham, who suddenly announced in April that she had decided to become a Republican. That move cemented a two-thirds GOP majority in the House, and now we’re sure Cotham is very happy with her 30 pieces of flair from GOP donors. Back in ancient times — i.e., January of this year — Cotham cosponsored a bill that would have codified abortion rights into state law, but honestly, who remembers January any more? We have a feeling that voters may remember Cotham’s switcheroo in 2024.

Yesterday’s vote means that there are now no states south of Virginia and east of New Mexico where abortion remains legal and relatively easy to obtain. Even inside the 12-week limit, abortions in North Carolina will require a 72-hour waiting period between an initial visit and the actual provision of abortion services, even for medical abortions using mifepristone, if it remains legal. Doctors must be present when patients take the pill as well. [Politico]

National: Appeals Court Hears Abortion Pill Ban Today

The federal appeals court in New Orleans is hearing oral arguments today in the unspeakably shoddy lawsuit to reverse the FDA’s 2000 approval of the abortion drug mifepristone. The lawsuit, custom made for Matthew Kacsmaryk, a Trump-appointed federal judge in Texas, should have been laughed out of court from the start because the plaintiffs have no plausible standing in the case, and because the alleged “scientific” evidence that the FDA wrongly approved the drug is crap, but then, that’s the Trump judiciary we have. The case is being heard in the notoriously rightwing Fifth Circuit Court of Appeals by a three-judge panel consisting of two Trump appointees and a GW Bush appointee, all of whom have histories of supporting abortion restrictions. One of the judges, Trump appointee James Ho, called abortion a “moral tragedy” in a 2018 opinion, and you just ignore the research showing that 99 percent of women who’ve had abortions continue to believe it was the right choice even several years later. They’ve all been brainwashed to rationalize their decision, you see.

In addition to the bullshit Texas case, the appeals court will also hear the case from Washington state that ruled the FDA can’t reverse its approval of mifepristone. That case has been combined with the one from Texas. In April, the Supreme Court issued a stay on enforcement of Kacsmaryk’s ruling, meaning that mifepristone will remain available at least until the Fifth Circuit rules in the case at some point following today’s arguments. Whatever the outcome, get ready for the entire shitshow of legal uncertainty to start all over again until the case eventually gets to the Supreme Court. [NBC News / AP]

Montana: Greg Gianforte Signs Abortion Restrictions Days After State Supreme Court Upholds Abortion Rights

In Montana Tuesday, Republican Gov. Greg Gianforte body-slammed reproductive freedom by signing four anti-abortion bills, which included a 12-week ban on all dilation and evacuation abortions after 15 weeks. Other restrictions signed by Gianforte will add new regulations on clinics and restrict Medicaid coverage for abortions.

As the Montana Free Press reports, Gianforte’s approval of the abortion restrictions came just days after the Montana Supreme Court

upheld a nearly 25-year-old legal precedent allowing abortion access under the state Constitution’s right to privacy. That case, Weems v. State, found that advanced practice nurse practitioners with proper training can provide abortions in Montana and reaffirmed that women have a fundamental right “to seek abortion care from a qualified health care provider of her choosing, absent a clear demonstration of a medically acknowledged, bona fide health risk.”

But then, what does the state supreme court know about state law anyway? Gianforte issued a statement saying he was “proud to round out our legislative session with another suite of pro-life, pro-family bills that protect the lives of unborn babies in Montana,” and if your family includes anyone who thinks they need an abortion, then clearly it’s not a real family.

The legislation is likely to face a legal challenge, what with the earlier state supreme court ruling. Also, as the Montana Free Press notes, the legislation

bars “dismemberment abortion,” a nonmedical term that the legislation defines in part as “the use or prescription of any instrument, medicine, drug, or other substance or device” to intentionally terminate pregnancies and the “insertion of grasping instruments” to remove a fetus.

The law includes exceptions for the treatment of ectopic pregnancies, and for “medical emergencies,” which of course can be a dicey determination that leads to delays of any treatment until a patient is close to death. Planned Parenthood of Montana immediately filed a motion in state court Tuesday to prevent the new law from being enforced. [Montana Free Press]

Nebraska: GOP Breaks Filibuster Of Anti-Trans Bill By Adding Abortion Ban, Because Why Not Oppress Everyone?

Finally, the GOP’s two most repulsive movements to restrict human freedom merged in Nebraska yesterday, as Republicans in the state’s unicameral Legislature sought to use a ban on abortion to break the three-month filibuster against the Republicans’ attempts to ban gender-affirming care for transgender minors. Democratic state Sens. Machaela Cavanaugh and Megan Hunt (who has a trans son, aged 12) have been absolute BOSSES in their ongoing efforts to kill the anti-trans bill, refusing to allow any legislation at all to move forward until Republicans dropped it. And it worked for months, until yesterday.

Independent reporter Erin Reed reports that in the latest attempt to move the anti-trans bill, LB 574, Republican state Sen. Ben Hansen amended the bill with a ban on abortions after 12 weeks. (Really 10 weeks, since pregnancy by statute “begins” with the the patient’s last missed period.) In addition, his amendment hands all authority on rules related to healthcare for trans youth to the state’s Chief Medical Officer, who of course was appointed by the Republican Gov. Jim Pillen. Says Reed,

While some may label this as a compromise, it feels like a more radical turn. It underlines the unsettling truth that the battles over gender-affirming care and abortion rights are not separate, but rather two faces of the same coin, driven by the same factions, using the same justifications to limit access to vital care.

The amendment technically drops the part of LB 574 that forbids puberty blockers and hormone therapy, instead only banning gender-affirming surgical procedures for anyone under the age of 19. That seems like a compromise, since the vast majority of trans people don’t seek surgery until after they’re adults anyway.

Oh, but then there’s the catch: By transferring all authority to set rules on gender affirming care to the state’s Chief Medical Officer, the amendment simply shifts the banning of puberty blockers and hormone treatment from the Lege to that appointed bureaucrat, Dr. Timothy Tesmer, who will almost certainly eliminate the treatments — and would also be free to add other restrictions that weren’t in the original version of LB 574. Sneaky, huh?

The amended bill moved forward last night in a procedural vote that broke the filibuster by a single vote.

Sen. Cavanaugh this morning gave a powerful speech evoking the words of Montana state Rep. Zooey Zephyr, condemning the dishonest tactics used by Republicans in forcing an end to the filibuster by combining two Republican obsessions, punishing women for having sex, and punishing trans people for existing:

“You literally have to cheat at every moment of this debate. In every possible way, you are cheating. […]

“Women will die. Children are dying. It is your fault. It is your fault! And you are allowing it to happen. You DO literally have blood on your hands, and if you vote for this you will have buckets and buckets of blood on your hands.”

After a final round of debate today, the combined measure is likely to pass — and then the fight to protect trans young people’s lives will shift to the courts. Sen. Hunt noted minutes ago on Twitter that she’s already getting death threats, but she’s not afraid. The more the bastards attack people’s rights to be themselves and to have autonomy over their own bodies, the more they will lose. She also eloquently pointed out that the Nebraska case makes clear once and for all that these are not separate issues (and for that matter, neither are the attacks on schools and libraries).

“Trans rights are directly tied to the greater fight for reproductive rights and bodily autonomy – we are all in this fight together, no one is siloed away from being impacted by the rollback of our collective rights.

“What’s happening in Nebraska is proof.”

Americans are not going to stand for this, and we all need to come together to protect our rights. Get ready for a long fight, and organize, organize, organize. We’ll close with a prayer from Rev. Molly Ivins, from her final column. She was talking about the Iraq War and George W. Bush, but it applies here, today, just as well; just substitute “women and trans kids” for “troops” and it’s right on target:

We are the people who run this country. We are the deciders. And every single day, every single one of us needs to step outside and take some action to help stop this war. Raise hell. Think of something to make the ridiculous look ridiculous. Make our troops know we’re for them. […] We need people in the streets, banging pots and pans and demanding, “Stop it, now!”

Amen.

[Erin in the Morning / Omaha World-Herald / Photo: Ted Eytan, Creative Commons License 2.0]

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Zooey Zephyr’s Taking The Bastards To Court

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Montana state Rep. Zooey Zephyr, the state’s first transgender lawmaker, isn’t going to let Republicans in the Montana House of Representatives silence her. At least, not without a fight. Last week, you’ll recall, the GOP supermajority voted to censure Zephyr for speaking up too transly against bills banning gender-affirming care and writing trans people out of Montana law. Rather than expelling her like the jerks in Tennessee did to their meddlesome Democrats, the Montana House barred Zephyr from the floor and hearing rooms of the Capitol until the legislative session ends later this week, preventing her from participating in debate while allowing her to vote, remotely and silently, and to watch the same public stream of House proceedings as anyone else can on the internet. So generous!

Previously:

Montana Silences Zooey Zephyr

Montana Republicans Want In On That ‘Expel Democrats’ Thing That Worked So Well For Tennessee

Montana House Republicans Officially Punish Zooey Zephyr For Legislating While Trans

Monday, Zephyr, with help from the Montana ACLU, filed a lawsuit in state court asking for an emergency injunction returning her to the House floor for whatever days remain in the session, arguing that her First Amendment rights had been stomped on. The suit also names several of her constituents as plaintiffs, arguing that the House’s action effectively denied them and the rest of Zephyr’s 11,000 constituents representation.

The AP interviewed one of those plaintiffs, Anna Wong, who has a transgender child and said she’d voted for Zephyr in 2022 because she knew Zephyr would “speak out against the onslaught of bills targeting transgender youth.”

“Suicide amongst transgender youth is not imaginary,” Wong said. “It is not a game and it is not a political foil. It is real. It is heartbreaking. And it is the responsibility of my representative to speak out against bills promoting it.”

That’s exactly what Zephyr was getting at when she spoke against Senate Bill 99, which bans gender-affirming care for trans youth. Zephyr accurately said forcing trans kids to undergo puberty as the sex they don’t identify is “tantamount to torture” and said she hoped that those voting for the bill would “see the blood on your hands” the next time they pray during a House invocation. (Technically, the censure resolution only cited Zephyr’s refusal to leave the floor last week during a demonstration by her supporters. But c’mon, we know why she was silenced.)

While there are only a few days left in the session, the Legislature still hasn’t passed a budget, and Zephyr’s lawsuit seeks her immediate reinstatement so she can represent her constituents in debate on that and other last minute bills.

Emily Flower, a spokesperson for Montana Attorney General Austin Knudsen (R), whose office will manage the defense in the lawsuit, dismissed it as “performance litigation — political activism masquerading as a lawsuit,” and said that the courts have no power to intervene, because separation of powers.

As Hayes Brown notes at MSNBC, that argument may win out, unfortunately, because the US Constitution gives the US House and Senate the power to “determine the Rules of its Proceedings,” and that generally applies to state legislatures too, because 14th Amendment. Montana’s constitution does indeed allow the Legislature to expel or punish legislators for “good cause,” with a two-thirds vote of the appropriate house.

Zephyr’s lawsuit acknowledges that, but also argues that the House GOP leaders applied the rules unfairly and capriciously, so they were

acting within the “color of the law” — technically allowed but acting against the spirit of the law and beyond the scope of its reach.

Brown notes that the argument that the House is depriving Zephyr’s constituents of representation may be more compelling than the First Amendment claim, since that’s “the most immediate harm that a court could rule on given the closing window for participation.”

But hey better a long shot than no shot at all. Zephyr has, since last week’s vote, been dutifully showing up and sitting on a bench near the entrance to the House chamber to work on her laptop, although yesterday when she arrived, she found the bench had been taken already. So she worked at a table instead, standing up for her community.

Some folks showed up early this morning and sat on the public benches near the entrance to the House, so Seat 31 has moved.

I’m up and ready to work. Plus, I hear stand desks are all the rage these days.

But who were those ladies who made a point of arriving early to occupy the bench where Zephyr had been sitting? Ha ha it was a very funny trick by the wives of several prominent Republicans in the state Lege, including Jolene Regier, the mother of Speaker Matt Regier and wife of Senator Keith Regier. Wasn’t that clever of them? It’s inspiring to see how every aspect of governing in Republican-run states is now given over to trolling the libs!

That is very humorous! Their husbands and sons kept Zephyr off the floor, and then the clever lady tricksters kept her off the bench, haha! Today, supporters of Zephyr made sure to be on the benches as soon as the Capitol doors opened, to save her a spot.

But also this morning, some unidentified opponent of trans rights took a less harmless approach to trying to silence Zephyr, calling the police in an attempt to send a SWAT team to the home of Zephyr’s partner, journalist Erin Reed. Such SWATting attempts have resulted in at least two deaths — one from a police shooting, one from a heart attack — and many incidents in which police arrived at someone’s door ready to use deadly force against a nonexistent threat.

Reed tweeted that the SWATting attempt against her failed, largely because “I’ve worked closely with the police in my community anticipating this,” so there’s one more tip for the journalist toolbox: If you write about issues that make the far-Right insane, let the police know they may get false reports of a hostage situation or other nonexistent crime at your home.

Update/clarification: The SWATting attempt may very well have come from outside Montana, because as indy reporter Alejandra Caraballo said on the Twitters, the dangerous hate troll site Kiwi Farms, which targets trans people and reporters for harassment in hopes that they’ll kill themselves or die in a SWATting, added Reed to its page shortly before the attempted SWATting. They’re pure evil.

This shit can’t be tolerated. Zooey Zephyr isn’t about to let herself be silenced, and neither should any of us who care about equality and freedom. Let your electeds, especially your Republican electeds, know that trans rights matter to you, and that if they think beating up on trans people will win them votes, it’ll also get them very loud opposition, to say nothing of how they may end up in the history books on the same page as the Bull Connors and the George Wallaces.

And if you have some spare Ameros for Zooey Zephyr’s 2024 reelection campaign, keep that in mind too. Montana needs her voice — and hey, she could use some company in the Montana House too.

[AP / MSNBC / Zephyr et al v. Montana]

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Red States About Five Minutes Away From Legalized Lynching Of Trans People

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The rightwing war on transgender Americans keeps advancing through red state legislatures, and among the more notable developments is that, as many warned, the bigots who want trans people to disappear have moved, in many states, from banning gender affirming care for minors to attempting to ban or severely restrict healthcare for trans adults as well. It’s just getting uglier and uglier, as Republican legislators compete to see who can use the power of state government to most creatively make trans people’s lives worse.

The bigoted legislation is being spewed like a firehose of hate across the country, and it can be difficult to keep track of. Fortunately, the ACLU and the Equality Federation both have online bill trackers if you want to see what horrible ideas are being floated in your state.

But holy Crom Jebus Bodhisattva Hank Gritt Galactus, these bastards are busy working to genocide trans people by limiting their access to medical care, all the while lying about wanting to “protect” children.

Forget that lie: It’s about making trans people of all ages suffer for the sin of existing.

A quick review of the ongoing madness, in no particular order:

Mississippi

Gov. Tate Reeves signed a bill Wednesday outlawing gender-affirming treatment — puberty blockers, hormone therapy, or surgery — for anyone under 18. That makes Mississippi the seventh state to ban such care for minors, after Alabama, Arkansas, Arizona, Florida, South Dakota, and Utah. The bans in Alabama and Arkansas have been blocked in federal court, and we assume the lawsuits against Mississippi’s ban — all the others — will soon be flying too. [ABC News]

It’s worth noting up front here that genital surgery for minors is extremely rare. Top surgery (mastectomy) for patients under 18 is only slightly more common; in one of its trans panic articles, the New York Times noted there are no official stats, but that 11 leading pediatric clinics in the US reported 203 procedures on minors in 2021; it’s also not something that anyone just rushes into. State laws vary, but nearly all minor patients get extensive counseling and need at least one parent’s permission. [NYT]

North Dakota

A raft of anti-trans bills is moving through the state Legislature, including a ban on gender-affirming treatment, with possible prison sentences and/or heavy fines for healthcare providers who provide such care. Another bill would prohibit changing birth certificates “due to a gender identity change,” unless it’s to correct a clerical error. People who have had genital surgery could change their birth certificates with proof from a medical professional, which is already the state’s standard.

Still another would “define ‘father,’ ‘female,’ ‘mother,’ ‘male’ and ‘sex,’ and would mandate school districts and vital statistics agencies identify people based solely on their sex assigned at birth,” with no exceptions. The state Senate passed a bill requiring parental permission for K-12 teachers to use trans kids’ preferred pronouns. And the state House also passed two separate bans on trans athletes in girls’ and women’s sports (one for public schools, one for colleges and universities), although there have been no complaints from athletes anywhere in the state. [Advocate]

Tennessee

Last week, the Legislature passed a ban on gender-affirming care for minors; the vote in the House was disgustingly lopsided, 77-16, with three Democrats even joining in on bashing trans kids. Gov. Bill Lee signed it yesterday, making Tennessee Number Eight in the nation, along with that stupid ban on drag shows (Wonk link), which purportedly harm The Children.

As always, the bill sponsors insist they want to “protect” kids from being who they are. 97.5 percent of adolescents who come out as trans continue to identify as trans or nonbinary after five years, but the bill’s sponsors pushed the lie that once kids get through puberty, they give up on that trans nonsense and settle down.

As with similar bills, Tennessee’s subjects healthcare providers to criminal penalties for treating trans youth, but the bill includes this bizarre exception: Doctors would be allowed to continue treating patients who began treatment before the bill’s effective date of July 1 this year, but would have to end all treatment by March 31, 2024. Hooray, you have a year to leave the state before your transition is cut off, kids. Shortly after Gov. Lee signed it, the ACLU announced it will sue to block the law from going into effect. [CBS News / AP / Pink News]

Tennessee has even worse legislation on the way, too. HB1215, currently making its way through the state House, would prohibit private managed care companies from contracting with the state’s Medicaid alternative, TennCare, if they provide any gender-affirming health services at all, even for adults. To be clear, this isn’t just a ban on gender affirming care for Medicaid patients in Tennessee: It would ban insurers from contracting with TennCare if they offer such care anywhere in the US.

Even though the federal government covers the majority of Medicaid, state Rep. Tim Rudd (R) explained that the bill was absolutely necessary to make sure Tennessee taxpayers’ dollars don’t fund transgender care in other states. Presumably Rs will now ban the sales of car brands in the state if the manufacturers allow vehicles to be sold to trans people anywhere. [Tennessee HB1215 / AP]

Oklahoma

On Tuesday, the Oklahoma House passed its version of a ban on gender-affirming care for trans youth and sent it to the state Senate. The bill includes a special extra Secret Sauce ban on insurance coverage for gender-affirming care — not only for minors, but for adults, too.

The bill’s author, Rep. Kevin West (R), was very proud of his work, claiming that the bill would “protect children and parents from being pressured into agreeing to harmful experimental transition procedures…” although gender affirming care is not “experimental” — at the risk of a tautology, it’s often covered by insurance, and insurance companies don’t cover experimental treatments. And that line about saving kids and parents from being “pressured” — a word that isn’t in the bill text — is a marvelously dishonest construction. Heavens, no one would ever want gender-affirming care; it’s simply that every trans person everywhere was brainwashed.

The Washington Post notes that another bill, SB 129, would go even farther, banning gender-affirming treatment up to the age of 26. The bill was originally titled the “Millstone Act,” a reference to the Biblical injunction that anyone who harms a child should “have a large millstone hung around their neck and to be drowned in the depths of the sea.” The title was stripped out Wednesday, apparently in recognition that Oklahoma is landlocked and the penalty would be impractical. [Oklahoman / WaPo]

Kentucky

In an attempt to outdo all the other anti-trans legislation in the country, Kentucky Republicans in late February introduced HB 470, which independent journalist Erin Reed says “takes nearly every anti-trans youth bill from nearly every state in 2023 and combines them all into one single cruel piece of legislation. It then adds wrinkles not seen in any other state.”

It has all the expected bans on lifesaving gender-affirming medical care for anyone under the age of 18, but would go even farther: It would ban Medicaid coverage, end all public funding for trans youth care, and even investigate doctors and revoke their licenses if they provide gender-affirming care to youth. But there’s even more, as Reed details:

one section would require schools to disclose transgender students’ information to their parents, and another section would ban gender marker changes for transgender youths. A unique provision in this bill would also prohibit legal name changes for youth, but only if the name change is for “gender transition purposes.”

An amended version of the bill passed out of committee and went to the full House for debate (and — spoiler — passage) yesterday. Protesters chanted “Shame! Shame!” as the committee members headed to the House chamber.

The amended version of the bill stripped out a provision that would have been a whole new front in the war on care for trans youth, by banning counseling aimed at helping kids with social transition. Apparently the Rs decided it would be too difficult to enforce, or to defend in court — who knows, really?

The now-deleted provision would have effectively forced all mental health providers to enforce cisgender identity on trans youth, by banning “social transition services,” which the bill had defined as

any encouragement, advocacy, or affirmation including pronouns, affirming a name change, and affirming “sex specific behaviors that vary from those typically associated with a person’s sex.” It then states that mental health counselors are banned from any of this and by doing so, they could lose their licenses.

Eliminating that provision doesn’t make the bill any better; it still includes all the other cruelty, including the non-counseling portions of the ban on social transition, like changing the gender marker on official documents and the prohibition on changing a minor’s name for “gender transition purposes.” Kentucky may have stripped it from the bill for now, but look for future bills that will take the plunge and ban social transition counseling. There’s no reason to think there’s any bottom to the war on trans people.

HB 470 was passed and sent on to the state Senate yesterday. [Kentucky HB 470 / Erin in the Morning]

[Image: Ted Eytan, Creative CommonsLicense 2.0]

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