Welcome to Several Problems Weekly.
If you’re reading this you may be familiar with the original Several Problems format, which involved fisking news articles on trans affairs that contained misinformation, disinformation, or deception. This will continue under the label Several Problems Special. However, I am now trying something new.
Several Problems Weekly will be a roundup of the news in trans affairs that comes across my desk every week. Stories are collected using a keyword-based change detection and notification dragnet, currently based on Google Alerts and Talkwalker Alerts. There will likely be more coverage of United States news, because it produces such a huge majority of English-language news content, and more detailed of Australian news, because I live there.
This week’s issue covers stories from 28 January through 3 February 2024 inclusive. Most issues will likely include events that occurred outside the timeframe they cover but first received significant media in that timeframe — for instance, this issue includes a peer-reviewed study which was published in early January but whose accompanying university media release was published on 2 February. Please feel free to send me any stories that you think I should include.
This week there have been outbreaks of news in:
- Australia (federal, NSW, Queensland, Tasmania);
- Canada (federal, Alberta);
- India (Kerala);
- Italy (Tuscany);
- the United Kingdom (national, England and Wales); and
- the United States (federal, Alaska, Arizona, California, Florida, Georgia, Idaho, Iowa, Maryland, Montana, New Hampshire, New York, Ohio, Oregon, Texas, Utah, and Virginia).
Global
Academic
All peer-reviewed academic work is automatically treated as being of Global relevance. You may of course decide whether it is relevant to you.
On 7 January, Hormones and Behavior (Elsevier) published a study, “Gender minority stress and diurnal cortisol profiles among transgender and gender diverse people in the United States,” by L. Zachary DuBois et al. (2024). According to its 2 February press release (Université de Montréal, 2024), the study found that “feeling connected to community may alleviate the adverse health effects of chronic exposure to stigma” and that “transgender women and gender-diverse people who were assigned male at birth … experience more overall stigma than the rest of the community”.
On Tuesday 30 January, BMC Public Health (Springer Nature) published a research article, “Health literacy of trans and gender diverse individuals—a cross sectional study in Germany,” by Rieka von der Warth et al. (2024). The conclusion of the study was that trans and gender-diverse Germans might have poorer general health literacy, on average, than the German population at large.
In its February 2024 issue, The Lancet Public Health (Elsevier) published an online article, “Gender-related self-reported mental health inequalities in primary care in England: A cross-sectional analysis using the GP Patient Survey,” by Ruth Elizabeth Watkinson et al. (2024). Key findings were generally unremarkable, including that the proportion of trans people experiencing mental health conditions such as depression or anxiety was 1 in 6, compared to 1 in 10 in the general population (Pickles, 2024).
However, as the GP Patient Survey, which provided the data, used standard questions drawn from the UK’s 2021 Census, the study came under attack from anti-trans groups including Sex Matters as part of a broader, clearly coordinated wave of attacks on the Census (see also, e.g., Hazell, 2024). The (to be clear, spurious) talking point is that the Census questions on gender identity may have been imprecisely worded in such a way as to cause the trans population of the UK to be overreported, which anti-trans campaigners allege means the study “has unreliable figures at its core, and cannot be used to draw conclusions about complex mental health needs” (Forstater, in Pickles, op. cit.).
Judicial
In a media release dated Friday 26 January, the Court of Arbitration for Sport (2024) confirmed that an arbitration request, Thomas v/ World Aquatics, brought by Lia Thomas against World Aquatics’ ban on transfem swimmers, has been in process since September 2023.
Australia
National
On Thursday 25 January, Rip Curl, a Geelong-based surfwear brand, published an Instagram video featuring trans surfer Sasha Jane Lowerson as part of its Meet the Local Heroes of Western Australia campaign. This started an immediate right-wing backlash which appears to have been spearheaded by established US-based anti-trans mouthpieces Riley Gaines and Taylor Silverman (Flint, 2024) and which filtered up in a steady, stage-managed fashion through gradually less niche right-wing media to, eventually, news.com.au (“Boycott threats turn to destruction,” 2024) and Channel Ten (“Rip Curl faces backlash,” 2024) over the course of the next week. On 1 February, Rip Curl Women published a grovelling apology statement which amounted to a formal disavowal of Lowerson and campaign material featuring her (Rip Curl Women, 2024).
New South Wales
On Wednesday 31 January, in Taree, New South Wales, Taree Local Court declined to grant an Apprehended Personal Violence Order to Stephanie Blanch against consistent online transphobic harassment by Kirralie Smith, executive director of anti-trans campaign group Binary Australia (Watson, 2024).
Queensland
On Sunday 28 January, Queensland health minister Shannon Fentiman MP (ALP–Waterford) announced a review into the operations of the Queensland Childrens’s Gender Service (Sinnerton, 2024), which according to anti-trans journalist Bernard Lane (2023) had already begun as of 19 December 2023. There has been a flurry of right-wing discontent over the panel appointed to conduct the review, which, according to anti-trans activist Nastassja Freischmidt, includes Dr Victoria Featherstone of Holdsworth House, current Australian Professional Association for Transgender Health (AusPATH) president Dr Ashleigh Lin, and Transcend Australia chief executive officer Jeremy Wiggins (Freischmidt, 2024).
Tasmania
On Thursday 1 February, in Tasmania, the Tasmanian Anti-Discrimination Commissioner, Sarah Bolt, convened a directions hearing into a complaint by Hobart City Cr Louise Elliot (LPA–A/L) that she was prevented from hiring Hobart Town Hall under false pretences related to her anti-trans views. The matter will now proceed to a full hearing (Denholm, 2024).
Canada
Federal
On Thursday 1 February, the Federal Court of Canada issued its ruling in Canada (Minister of Citizenship and Immigration) v Bellamy. The ruling overturns an October 2022 decision by the Refugee Appeal Division which granted refugee status to a trans woman and United States national, Daria Bloodworth, whose surname at that time was Bellamy, on the grounds that “a combination of gun culture and rising transphobia left her at risk of persecution in the United States”. Bloodworth has indicated she will appeal (Proctor, 2024).
Alberta
On Wednesday 31 January, Danielle Smith MLA (UCP—Brooks–Medicine Hat), Premier of Alberta, unveiled a broad suite of new trans-exclusionary politics targeting children. Under the new policy, puberty blockers are now illegal in Alberta for people under 16, and top surgery is illegal for people under 18; the package also purports to ban bottom surgery for people under 18, but that was already illegal (Bellefontaine, 2024). Schools will now be required to notify parents and obtain their consent to alter the name and pronouns of students under 16, and to notify parents in the case of students who are 16 and 17 (Black, 2024). According to Smith, the new policy will be legislated in the fall sitting, which will begin on 28 October. She has suggested she is willing to invoke the notwithstanding clause to implement the policy (Heidenreich, 2024).
Members of Canada’s Liberal federal government, including Prime Minister Justin Trudeau MP (LPC—Papineau, QC), Employment Minister Randy Boissonnault (LPC–Edmonton Centre, AB), Health Minister Mark Holland MP (LPC—Ajax, ON), and Attorney-General Arif Virani MP (LPC—Parkdale–High Park, ON), have strongly condemned the policy (Zimonjic, 2024). However, the government has not to my knowledge so far indicated whether it intends to take any action to oppose the new policy:
- Trudeau offered “few specifics” (Zimonjic, op. cit.);
- when asked whether he would mount a judicial challenge, Virani appears to have evaded the question (Tasker, 2024);
- Holland, for his part, said only that he would “talk” to his Alberta counterpart (Nardi, 2024).
Alberta New Democratic Party (NDP) leader Rachel Notley MLA (NDP—Edmonton-Strathcona), for her part, has announced she will be investigating whether Smith’s policy breaches the Canada Health Act (Heidenreich, op. cit.).
India
In December 2023, at Renai Medicity in Kochi, Kerala, an unnamed woman gave birth to a baby conceived using one of her husband’s cryopreserved eggs and donor sperm. Dr Jisha Varghese, who oversaw the process, said in remarks to media on Friday 2 February that this is the first time this procedure has been carried out successfully with the involvement of a trans donor in India (Press Trust of India, 2024; Times News Network, 2024).
Italy
On Tuesday 23 January, Italian Health Minister Orazio Schillaci initiated an investigation into the Azienda ospedaliero-universitaria Careggi (AOUC, AOU Careggi; “Careggi University Hospital”) in Florence, Tuscany, specifically into its Andrologia, Endocrinologia femminile e incongruenza di genere (“Andrology, Women’s Endocrinology and Gender Incongruence”) unit, which provides paediatric gender services. According to Il Giornale d’Italia, the investigation is being carried out over the objections of the Regional Council of Tuscany (“Careggi di Firenze,” 2024).
The pretext appears to be “concern” about whether the unit is observing Agenzia italiana del farmaco (AIFA; “Italian Medicines Agency”) rules in its prescription of the gonadotropin-releasing hormone (GnRH) agonist puberty blocker triptorelin. The political impetus appears to be coming from the right-wing Forza Italia party, and from lawyer and journalist Annamaria Bernardini de Pace (Arachi, 2024; “Careggi di Firenze,” op. cit.).
Corriere della Sera‘s coverage (Arachi, op. cit.) specifically notes that the hospital is the home base of Alessandra Fisher and Jiska Ristori, who I recognise as WPATH SOC 8 co-authors (Coleman et al., 2022); whether this is specifically relevant is unclear. Input from Italian trans people and allies on this story would be most welcome.
United Kingdom
On Wednesday 31 January, in the UK, the Consortium for Stronger LGBT+ Communities (2024) initiated the Supportive Schools Campaign. The campaign is a result to HM Government’s draft guidance “Gender questioning children: draft schools and colleges guidance” and the accompanying consultation. The Campaign says that
The proposed guidance … seeks to deny the existence of transgender pupils, discouraging them from coming out and being their authentic selves, and could lead to young people being forcibly outed to parents and teachers
Consortium for Stronger LGBT+ Communities (op. cit.)
and therefore the Campaign
call[s] on the government to listen to LGBT+ youth and inclusive educators, withdraw the guidance and rethink their approach
Consortium for Stronger LGBT+ Communities (op. cit.)
Signatories include Amnesty International UK, Gendered Intelligence, the Good Law Project, Mermaids, Stonewall, and TransActual.
England and Wales
On Friday 2 February, in the Crown Court at Manchester, the girl and boy convicted of killing Brianna Ghey were sentenced. The two were known as Girl X and Boy Y during the trial, but the order protecting their identities was lifted during the sentencing and their names are now public. However, due to my personal views on naming hate-motivated assailants, I have chosen not to identify them in the body of this article, although they are named in the reference list in the interest of accuracy. Both were sentenced to be detained at His Majesty’s pleasure, i.e., indefinitely — juvenile defendants cannot be sentenced to life without parole (a whole life order) in the United Kingdom under the Sentencing Act 2020 s 259. The former Girl X will serve a minimum non-parole period of 22 years; the former Boy Y will serve a minimum of 20 (R v X [34]–[35]).
The trial judge, Dame Amanda Yip, recognised “hostility toward transgender people’ as a material part of the killers’ motivation (R v X [21], [25]; UPI, 2024). This is important because throughout the trial, media and anti-trans activists have incorrectly or untruthfully asserted that transphobia did not form part of the killers’ motive or that, if it did, it was not a sufficiently significant part of their motive to warrant legal recognition as such. This assertion was often based on the observation that the killing “was not charged as a hate crime”. This narrative took advantage of popular assumptions about the functioning of the legal system influenced by United States culture. In the United States, it is more common than in England and Wales for hate-related motives to be legally reflected in the initiation of hate crime charges against the defendant(s). In the England and Wales legal system, only racial and religious motivations are reflected at the charging stage, under the Crime and Disorder Act 1998. Other types of hate-related motives, including “hostility related to transgender identity,” are legally reflected as aggravating factors in sentencing under the Sentencing Act 2020. Therefore, Mrs Justice Yip’s recognition of anti-trans hostility as an aggravation in sentencing represents the same degree of legal recognition of a hate motive that would have been reflected by a hate crime charge in a United States court.
United States
Federal
All actions in federal court, including those at the District Court level, are classified as being of “federal” interest.
On Tuesday 23 January, in the U.S. District Court for the Southern District of Indiana, Indianapolis Division, Judge James Patrick Hanlon granted class action certification in K.C. v. Medical Licensing Board of Indiana, an action challenging Indiana Senate Enrolled Act (SEA) 480 of 2023, which bans gender-affirming care for people under 18 (Bonilla Muñiz, 2024).
On Thursday 25 January, the Transgender American Veterans Association (TAVA) filed suit in the U.S. Court of Appeals for the Federal Circuit. The action, In re Transgender American Veterans Association, seeks to compel the U.S. Department of Veterans Affairs to observe its legal obligations and provide gender-affirming surgery through the Veterans’ Health Administration system. The Biden administration promised to provide this care in 2021; however, it never came about (Eaton-Robb, 2024; Padilla, 2024). On 29 January, the UCLA School of Law’s Williams Institute filed an amicus (UCLA Williams Institute, 2024).
On Thursday 25 January, in the U.S. District Court for the Southern District of Ohio, the Independent Women’s Law Center, an anti-trans legal advocacy group, filed suit against the women’s fraternity Kappa Kappa Gamma (KKG). The suit, Levang v. Kappa Kappa Gamma, is on behalf of two plaintiffs, both activists with a related anti-trans pressure group, the Independent Women’s Network (2024), who were both dismissed from KKG last year for smearing a trans sister as a sexual predator and using KKG internal resources, as well as speaking to media in KKG’s name, to advocate for her expulsion (Land, 2023).
The legal pretext on which the suit is brought, per Evan Urquhart (2024), appears to be that KKG admitting trans women reflects an interpretation of Title IX gender discrimination protections as applying on a basis other than sex assigned at birth, which if accepted as valid might force nominally gender-specific fraternities and sororities to admit members of all genders. The suit seeks to compel KKG to stop recognising trans women as women and to immediately dismiss the elected student leadership who were willing to do so, as well as to reinstate the plaintiffs as life members, etc. (Downey, 2024).
On Tuesday 30 January, the U.S. Court of Appeals for the Ninth Circuit issued an order in the case of Poe v. Labrador, allowing a district court’s injunction blocking enforcement of Idaho HB 71 to remain in effect. HB 71, the Vulnerable Child Protection Act, signed May 2023, bans gender-affirming medical care for trans people under 18 (American Civil Liberties Union of Idaho, 2024).
Alaska
On Wednesday 31 January, in the Superior Court for the State of Alaska, the American Civil Liberties Union of Alaska filed suit against the Matanuska-Susitna (“Mat-Su”) Borough School District. The action, X.A. v. Matanuska-Susitna Borough School District, challenges Mat-Su’s Policy No. 5134 BP, approved October 2022, which prevents students from using bathrooms and locker rooms which match their gender identity. The ACLU contends that the policy contravenes the Constitution of the State of Alaska, specifically the Equal Protection Clause (Art. I § 1) and the constitutional right of privacy (Art. I § 22) (American Civil Liberties Union of Alaska, 2024).
Arizona
On Monday 29 January, State Senator Janae Shamp (R–SD29) introduced SB 1511, which is intended to force insurance companies and medical practitioners who fund or provide gender-affirming healthcare to also provide detransition care, and to report the number and details of detransitioners to the Arizona Secretary of State. It also requires state agencies to implement a number of “expedited” administrative processes to legally recognise detransition — it does not, of course, require similarly expedited legal processes to recognise transition (Fischer, 2024).
California
On Monday 29 January, Judicial Watch, a right-wing legal pressure group, filed suit in the Superior Court of California against the City and County of San Francisco. The suit, Phillips v. Breed, seeks an injunction halting payouts from the City’s Guaranteed Income for Trans People (GIFT) program. Currently, GIFT is scheduled to continue paying out US$1,200/month to 55 low-income trans Californians until the program finishes its 18-month run in July (Charles, 2023). Judicial Watch claims GIFT violates the Constitution of the State of California, specifically Art I § 7, the Equal Protection Clause (Judicial Watch, 2024).
Florida
On Friday 26 January, Robert Kynoch, the deputy executive director of the Florida Department of Highway Safety and Motor Vehicles, issued a memorandum (Kynoch, 2024) changing the requirements for listing gender on driver licenses (Rahman, 2024). The memorandum asserts that “the term ‘gender’ in s 322.08, F.S., does not refer to a person’s internal sense of [their] gender, but to … [sex assigned at birth],” and that therefore the previous policy from 2011, which had allowed trans people to change the gender marker on their driver’s licenses with a letter from their doctor (Migdon, 2024), was invalid and had no force — a legal theory which Simone Chriss of Southern Legal Counsel says the state “just made up” (Ellenbogen, 2024).
Who the action will apply to and what the consequences will be is not clear. On 30 January, when the action became public, Harvard Law’s Alejandra Caraballo suggested that the law could mean any trans person driving in Florida with a changed gender marker, including tourists, could be charged with fraud (Caraballo, 2024). Regarding current licenses, however, HSMV Department communications director Molly Best told the Florida Phoenix that “the recission [sic] pertains solely to replacement license requests” (Moline, 2024).
My sense is that there is broad consensus that Florida cannot treat licenses issued elsewhere as fraudulent due to the Full Faith and Credit Clause of the Constitution of the United States, which obliges each state to recognise “the public acts, records, and judicial proceedings of every other state” as legitimate. However, the action comes in the context of increasing advocacy by prominent Republicans of novel, or at least eclectic, legal theories — for instance, Nikki Haley’s theory that states can unilaterally secede (Kerr et al., 2024), which has previously been tried and found wanting. What the law actually says may not mean much except insofar as it provides a pretext for police to take armed coercive action, after which events may develop as they will.
Georgia
On 12 January, Georgia State Rep. Josh Bonner (R–HD073) introduced HB 936, which would prevent trans students from using the correct bathroom for their gender.
Idaho
See Federal: Poe v. Labrador, above.
Iowa
On Monday 22 January, in Iowa, Rep. Jeff Shipley (R–HD82) introduced House File (HF) 2082, which would have amended the Iowa Civil Rights Act to “partially” delete anti-trans discrimination protections — “partially” because HF 2082 would have “protected” some trans Iowans, namely those with a medical diagnosis of gender dysphoria, by reclassifying them as disabled and subject to disability discrimination protection (Purpura, 2024). Trans Iowans without a diagnosis, including trans Iowans who would previously have qualified for a diagnosis but whose dysphoria had been reduced to a level below the clinical threshold by transition (Sostaric et al., 2024), would no longer have had statutory protections (Murphy, 2024).
On 31 January, the House Judiciary Subcommittee, consisting of 2 Republicans and a Democrat, killed the bill 3–0.
Maryland
On Wednesday 31 January, the Ways and Means Committee of the Maryland House of Delegates took up HB 47, the Fairness in Girls’ Sports Act, which if passed will ban trans girls from school sports. Its Senate companion bill, SB 381, is scheduled to be heard by the Senate Education, Energy, and Environment Committee on 7 February (Pencek, 2024).
Montana
On Monday 29 January, Governor Greg Gianforte released a statement on Twitter (Gianforte, 2024a, b, c, d, e, f, g, h), defending the conduct of the Montana Child and Family Services case surrounding Leo Kolstad to a right-wing audience. MCFS removed Kolstad, 14, from his home in August 2023. They became the subject of a full-court press from right-wing media such as Reduxx (Slatz, 2023), who promoted the narrative that the State of Montana had removed Kolstad from his parents in order to facilitate his transition.
New Hampshire
On Monday 29 January, the House Education Committee heard HB 1205, which would prevent trans girls from participating in girls’ sports (Cullen, 2024).
On Tuesday 30 January, the New Hampshire Senate Education Committee heard SB 375, which would prevent trans girls from participating in girls’ sports. SB 375 is a companion to HB 1205, but goes further and also prohibits trans students from using the correct school bathroom for their gender (Cullen, op. cit.).
New York
On 24 November 2023, in the New York Supreme Court in Bronx County, an anonymous plaintiff, “Rose Doe,” who is a prisoner at Rikers Island, filed suit against the City of New York. Doe says she was sexually assaulted and then raped by a man who secured a transfer to the Rose M. Singer Center, the women’s unit at Rikers, by pretending to be a woman. The plaintiff says she believes her assailant, who had previously been the subject of five complaints under the Prison Rape Elimination Act of 2003, was instructed to pretend to be trans by New York City Department of Correction staff, who she says subsequently covered up the incident (Glorioso & Sola, 2024).
Ohio
On Monday 29 January, the American Civil Liberties Union of Ohio announced it would be challenging HB 68, which bans gender-affirming healthcare for people under 18 (“ACLU suing Ohio over ban,” 2024).
Oregon
On Thursday 1 February, the Supreme Court of the State of Oregon issued its ruling in Knopp v. Griffin-Valade, upholding a 2023 decision by the Oregon Secretary of State that 10 Republican state senators who staged a long walkout to stall bills on abortion, gun rights, and trans healthcare, by depriving the Oregon Legislature of a quorum, cannot run for re-election (Rush, 2024). The basis of the ruling is Measure 113, a ballot initiative adopted by voters in 2022 with the intention of preventing Republicans from pulling exactly this kind of shit (Associated Press, 2023). Predictably, the disqualified Republicans have reacted by announcing they are simply not going to show up (Shumway, 2024).
Texas
On Friday 26 January, QueerMed, a Georgia-based telehealth clinic providing trans healthcare services, confirmed that in December of 2023 it received a request from Texas Attorney General Ken Paxton to provide the medical records of Texas youth who had sought care there. While Texas banned trans healthcare in 2023, QueerMed said Paxton’s request covered records back to 1 January 2022, well before the ban took effect (Rubin, 2024). QueerMed has released a statement saying it will disclose protected patient information “under no circumstances” (Mascarenhas, 2024), and characterising the request as
a deliberate effort to deter healthcare providers who offer gender-affirming care, as well as the families and individuals who seek such services beyond the confines of Texas and other states where prohibitive legislation exists
Mascarenhas (op. cit.)
On Tuesday 30 January, the Supreme Court of Texas heard oral arguments in Texas v. Loe. The appellants, the State of Texas, petitioned the Court to stay the 201st Judicial District Court’s temporary injunction blocking enforcement of SB 14, which prohibits gender-affirming care for Texans under 18 — i.e., the appeal was to allow SB 14 to go into effect (American Civil Liberties Union of Texas, 2024).
Utah
On Friday 26 January, the Utah Legislature passed HB 257, which makes it a criminal offence, specifically criminal trespass, for trans people to enter a changing room or locker room that does not correspond to the sex on their birth certificate; penalty enhancements for lewdness, loitering, or voyeurism are also available if the space is a restroom. The vote was broadly party-line, except that two Republicans, Rep. Marsha Judkins (HD 61) and Rep. Anthony E. Loubet (HD 27), voted Nay. On Tuesday 30 January, Governor Spencer Cox (R) signed HB 257 into law (Curtis, 2024).
On Wednesday 31 January, Utah HB 316 went to a second reading. HB 316 would prevent jails and prisons from assigning inmates to a housing block other than that corresponding with the sex they were assigned at birth (Miller, 2024). Despite being nominally intended to reduce sexual violence in prison, the measures in HB 316 are noncompliant with the federal Prison Rape Elimination Act (Seariac, 2024).
Virginia
On Thursday 1 February, the Virginia Senate killed SB 68 and SB 723. SB 68 would have forced trans girls in grades 9 through 12 to play school sports on boys’ teams, but would have permitted trans girls who transitioned before the onset of puberty to play on girls’ teams. SB 723 would have applied to all trans girls and women, from kindergarten to college, and would have removed the exemption for trans girls who transitioned before the onset of puberty (Schmidt, 2024).
If you would like me to correct an error, you have additional information, or you think there’s a story I should keep an eye on, please feel free to contact me. If you found this informative or useful in any way, please consider supporting my work on Patreon, Ko-fi, or PayPal.
References
A Bill to amend the Code of Virginia by adding a section numbered 22.1-23.4, relating to elementary and secondary schools (etc.), Virginia SB 68, Virginia General Assembly (2024).
A Bill to amend the Code of Virginia by adding sections numbered 22.1–271.9 and 23.1–408.2, relating to K-12 schools and institutions of higher education (etc.), Virginia SB 723, Virginia General Assembly (2024).
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