The fight over transgender rights in America has entered a new phase
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The fight over transgender rights in America has entered a new phase
The policy fight is moving well beyond sports and youth medicine. The political response hasn’t caught up.
For much of the past eight years, the political fight over transgender rights in America has centered on two questions: whether trans women and girls should play on sports teams matching their gender identity, and whether minors should have access to gender-related medical treatment.
Those debates aren’t over, but the policy and legal fights are expanding fast — and the leaders who should be responding to the new fights still haven’t figured out how to talk about the old ones.
In the past two months alone, Kansas became the first state to retroactively invalidate the driver’s licenses of transgender residents, affecting some 1,700 people. Idaho advanced bills expanding the state’s bathroom bans beyond schools to government buildings and private businesses, introducing criminal penalties for the first time and allowing citizens to sue businesses that permit trans people to use restrooms matching their gender identity. Utah began weighing whether to remove trans people from the state’s anti-discrimination protections, and Oklahoma is considering extending its ban on gender-related medical care to include adults.
The Supreme Court has also been moving aggressively. Earlier this month, the Court effectively ordered California public school to inform parents when their children are transitioning at school, even if the students want to keep their gender identity private. (My colleague Ian Milhiser called this “one of the most consequential constitutional decisions the Roberts Court has ever handed down.”)
How states are restricting trans rights — even for adults
Iowa removed protections for gender identity from state civil rights law in 2025.
Kansas passed a law in 2026 including, among other provisions, that driver’s licenses and birth certificates for transgender people be reissued to match their biological sex at birth
West Virginia passed legislation in 2025 defining “male” and “female” under state law, requiring people to use facilities at state-owned buildings that match their biological sex
Wyoming passed similar restrictions in 2025 governing public buildings, as did Arkansas and Texas
At least nine states have proposed measures dealing with trans issues on the ballot in this fall’s elections, most dealing with school sports or youth gender medicine
The justices also upheld Tennessee’s ban on youth gender medicine and are preparing to rule on bans on trans athletes this summer. Court watchers widely expect the sports restrictions to be upheld. At the federal level, the Trump administration restricted transgender people from updating the sex on their passports in early 2025, and the Supreme Court allowed enforcement of that policy late last year.
Meanwhile, the sports fight is headed to the ballot box. Voters in Washington state will decide this November whether to ban transgender girls from girls’ school sports, while similar measures are moving through the ballot qualification process in Maine, Colorado and Nevada.
The fight over transgender rights in America has entered a new and more dangerous phase. Roughly one percent of Americans identify as transgender — and their rights to identify themselves, access medical care, and move through public life are being narrowed and, in some cases, eliminated. The legal tools being used to do this could eventually affect far more people, reshaping how the government draws lines based on sex for everyone. And the leaders who should be responding can’t agree on what to do about it, in part because they don’t agree on how we got here.
Two theories of the case
Ask Democrats how the fight over trans rights got to this point and you’ll get two very different answers, though they start from the same place. Transgender Americans made........
