Trump signed an executive order that tries to write trans people out of existence today.
It's mostly symbolic.
It's still gonna make for a LOT of pain for the trans community--just probably not where you think it will.
It's gonna be real bad for grant funding, which means medical research.
A 🧵
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Disclaimer first:
Because vital records other than passports and social security are reserved power to the states, and because social security and passports require case-by-case court orders to change, the only effect his "two sexes" declaration has in records is making passports hard to get for people who haven't gotten that done, or maybe haven't even realized that they're trans yet.
Profoundly shitty. But states are required under the constitution to respect things like name and sex changes done by other states. It's the same problem they ran into after MA started doing gay marriages.
Similarly, the "no federal dollars for gender transition" bit at the end is mostly symbolic. It's an attempt to stop Medicaid/Medicare funding for us.
Problem is, Obamacare mandates coverage for everything medically necessary, and specifically--black letter--identifies HRT and bottom surgery as medically necessary, then delegates the determination of what is and is not medically necessary to state insurance regulators. Medicaid/Medicare is subject to Obamacare because it's sold on the insurance marketplace.
So, in and of itself, until and unless they repeal it, Obamacare pretty much stops that one dead.
And they say they want to, to be fair.
But, to also be fair, they've been saying that for 15 years now. We still have it.
They're gonna absolutely fuck trans veterans, though, and they're gonna get away with it too. 😡
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@Impossible_PhD can you say why you believe that passports and social security require case by case court orders to change? I’m not a lawyer and can’t seem to find any evidence in either direction about that. If true obviously that would be a huge relief for those of us who got our documents sorted in the previous administration.
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@gnat a passport allows for international travel, and the government cannot simply confiscate it; even when someone's on trial for a felony, the state can't take the passport without an order from the court. And the social security, you only get five card issuances in a lifetime.
As a general rule, law in the US is and can never be retroactive.
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@Impossible_PhD i am really not as sure about this as you seem to be; by the reading I’ve done since asking it seems that the rules about passport revocation are largely regulatory - and the state department can change them using the normal regulatory rule change processes. I’m still not a lawyer, so maybe there’s something I’m missing, but that’s how it seems to me. They haven’t announced that they’ll do that, but it seems to me that it’s more “haven’t” than “can’t”.
I do think we’d get several months warning beforehand, because the proposed rule would surely spend a few months in court getting rejected and rewritten (following the pattern of the Muslim ban from the first term). I’m not seeing a basis for a confident statement that they can’t do it, though. I wish I was!
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@gnat If I'm wrong, I'm wrong. But I've never seen anything like that, and if it were as hopeless as all that, why was the ACLU and everyone yelling at people to get their passports in order after the election?
This feels like people trying to sow panic amongst us to keep us oppressed and afraid.
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@Impossible_PhD good news! they just announced that they will not attempt to make this retroactive, so whether they can or not is now irrelevant; they won’t. genuine sigh of relief there. https://www.notus.org/whitehouse/trump-gender-sex-order-passports
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@gnat I'm super unsurprised. Retroactivity in any legal act is almost impossible to accomplish under us law. They would've faced an impossible legal fight to even try.
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