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North Dakota policies and political rhetoric overlook transgender children

Demonstrators protest for transgender rights in Chicago on February 25, 2017. The protesters were angry President Donald TrumpThe decision to reverse Obama-era policies affecting public schools and transgender students. (Photo by Scott Olson/Getty Images)

Between April and May 2023, Governor Doug Burgum signed eight bills targeting transgender people. These bills covered issues such as banning medically necessary treatments, restricting where transgender people can live, and defining gender based solely on characteristics present at birth.

The general consensus is that as of the 2023 legislative sessions, there were a total of about 20 bills that targeted LGBTQ+ people in one way or another; However, many were significantly changed to no longer include queer people, were included in other bills, or were rejected.

The North Dakota Legislature has no transgender representative, only two openly LGBTQ+ members, among the 141 lawmakers who voted on these bills. The majority of LGBTQ+ legislation has been sponsored by just a handful of districts, legislators and lobbying groups.

Since the passage of these laws, the trans medicine ban has been in effect in North Dakota, House Bill 1254, is being challenged in court. Similar challenges and lawsuits are occurring across the country, and the 4th U.S. Circuit Court of Appeals recently ruled on this it is discrimination Denying transsexuals necessary medical care. While courts typically rule in favor of trans plaintiffs, the law is being tested at every level with conflicting decisions and uncertainty about where rights will ultimately lie.

What North Dakota's collective laws have done is not to stop children from being trans, but rather to deny many trans children access to support, safety, and hope.

All major medical associations in America support access to gender-affirming care. The American Psychological Association, in 2024, published a policy statement APA President Cynthia De Las Fuentes said, “Sends a clear message that government bans on gender-affirming care ignore the extensive medical and psychological research that demonstrates the positive effects of such treatments in relieving psychological distress and improving the overall well-being of transgender people.” , gender diverse and non-binary individuals throughout their lives.”

North Dakota Data from the survey on adolescent risk behavior shows that 1.7% of our youth are transgender, or approximately 800 transgender middle and high school students in our state. Beyond legal or medical considerations, transgender youth in our state express uncertainty about their future, fear of permanent unwanted changes to their bodies, confusion and barriers to accessing appropriate medical care, and injustice within school systems.

The medical ban was not the only potentially harmful legislation. House Law 1522 creates a set of restrictions and guidelines for how schools deal with transgender youth. Fargo Public Schools publicly opposed this law because they feared it would compromise safety and increase suicide rates. Grand Forks Public Schools repeated this fearbut complained that they still had to put the bill into law.

What continues to get lost in the political rhetoric, law and policy are our trans children. Trevor Project reports that a third of queer youth Don't expect to live to be 35It was 90% negatively influenced by politicsand almost half are considering moving for political reasons.

From conversations with parents and queer young people, I have learned that schools are perceived as frightening. Their policies are not consistent and the staff seems to make rules. I have heard reports of bullying, stalking, violence, trips with children to visit their parents that lead to bad situations, and a culture of fear and hopelessness. What North Dakota's collective laws have done is not to stop children from being trans, but rather to deny many trans children access to support, safety, and hope. It has opened them up to many risk factors that are reflected in the state data.

I've heard from many families who have left the state out of fear, stories of people who don't want to move here because it might not be safe there, and stories of fear and terror from doctors, social workers and teachers who may be faced with the dilemma stand to decide to do something that violates state law or professional ethics. All of this makes recruiting and retention for these jobs difficult.

Despite the barriers in our state, there are many general ways to make LGBTQ+ youth safer. All youth should have a basic understanding of our 988 crisis and lifeline in case they feel overwhelmed or suicidal, access to therapy, and a strong message that they are loved. Additionally, the Biden administration just passed a rule that protects transgender students.”crystal clear“ and has since been sued by some Republican-led statesincluding North Dakota. The back and forth has been around since the Obama administration. What hasn't been determined yet is where the Biden administration will decide on trans athletes, but a Study commissioned by the International Olympic Committee shows that trans women are disadvantaged in sports and have comparable bone density to cis women.

Faye's resource pressure

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Anna Harden

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