Boston Sunday Globe

Conservati­ves find a cause in fight over transgende­r rights

- By Adam Nagourney and Jeremy W. Peters

When the Supreme Court declared a constituti­onal right to same-sex marriage nearly eight years ago, social conservati­ves were set adrift.

The ruling stripped them of an issue they had used to galvanize rank-and-file supporters and big donors. And it left them searching for a cause that — like opposing same-sex marriage — would rally the base and raise the movement’s profile on the national stage.

“We knew we needed to find an issue that the candidates were comfortabl­e talking about,” said Terry Schilling, the president of American Principles Project, a social conservati­ve advocacy group. “And we threw everything at the wall.”

What has stuck, somewhat unexpected­ly, is the issue of transgende­r identity, particular­ly among young people. Today, the effort to restrict transgende­r rights has supplanted same-sex marriage as an animating issue for social conservati­ves at a pace that has stunned political leaders across the spectrum. It has reinvigora­ted a network of conservati­ve groups, increased fund-raising, and set the agenda in school boards and state legislatur­es.

The campaign has been both organic and deliberate, and has gained speed since Donald Trump, an ideologica­l ally, left the White House. Since then, at least 20 states, all controlled by Republican­s, have enacted laws that reach well beyond the initial debates over access to bathrooms and into medical treatments, participat­ion in sports and policies on discussing gender in schools.

About 1.3 million adults and 300,000 children in the United States identify as transgende­r. These efforts have thrust them, at a moment of increased visibility and vulnerabil­ity, into the center of the nation’s latest battle over cultural issues.

“It’s a strange world to live in,” said Ari Drennen, LGBTQ program director for Media Matters, a liberal media monitoring group that tracks the legislatio­n. As a transgende­r woman, she said, she feels unwelcome in whole swaths of the country where states have attacked her right “just to exist in public.”

The effort started with a smattering of Republican lawmakers advancing legislatio­n focused on transgende­r girls’ participat­ion in school sports. And it was accelerate­d by a few influentia­l Republican governors who seized on the issue early.

But it was also the result of careful planning by national conservati­ve organizati­ons to harness the emotion around gender politics.

With gender norms shifting and a sharp rise in the number of young people identifyin­g as transgende­r, conservati­ve groups spotted an opening in a debate that was gaining attention.

“It’s a sense of urgency,” said Matt Sharp, the senior counsel with the Alliance Defending Freedom, an organizati­on that has provided strategic and legal counsel to state lawmakers as they push through legislatio­n on transgende­r rights. The issue, he argued, is “what can we do to protect the children?”

Schilling said the issue had driven in thousands of new donors to the American Principles Project, most of them making small contributi­ons.

The appeal played on the same resentment­s and cultural schisms that have animated Trump’s political movement: invocation­s against so-called wokeness, skepticism about science, parental discontent with public schools after the COVID19 pandemic shutdowns, and antielitis­m.

For now, the legislatio­n has advanced almost exclusivel­y in Republican-controlled states: Those same policies have drawn strong opposition from Democrats who have applauded the increased visibility of transgende­r people — in government, corporatio­ns, and Hollywood — and policies protecting transgende­r youths.

The 2024 presidenti­al election appears poised to provide a national test of the reach of this issue. The two leading Republican presidenti­al contenders, Trump and Governor Ron DeSantis of Florida, who has not officially declared a bid, have aggressive­ly supported measures curtailing transgende­r rights.

It may prove easier for Republican­s like Trump and DeSantis to talk about transgende­r issues than about abortion, an issue that has been a mainstay of the conservati­ve movement. The Supreme Court decision overturnin­g the constituti­onal right to abortion created a backlash among Democrats and independen­ts that has left many Republican­s unsure of how — or whether — to address the issue.

Polling suggests that the public is less likely to support transgende­r rights than same-sex marriage and abortion rights. In a poll conducted in 2022, the Public Policy Research Institute, a nonpartisa­n research group, found that 68% of respondent­s favored allowing same-sex couples to marry, including 49% of Republican­s.

By contrast, a poll by the Pew Research Center found that 58% of Americans supported requiring that transgende­r athletes compete on teams that match the sex they were assigned at birth; 85% of Republican­s held that view.

“For many religious and political conservati­ves, the samesex marriage issue has been largely decided — and for the American public, absolutely,” said Kelsy Burke, an associate professor of sociology at the University of Nebraska-Lincoln. “That’s not true when it comes to these transgende­r issues. Americans are much more divided, and this is an issue that can gain a lot more traction.”

Initial efforts by the conservati­ve movement to deploy transgende­r issues did not go well. In 2016, North Carolina legislator­s voted to bar transgende­r people from using the bathroom of their preference. It created a backlash so harsh — from corporatio­ns, sports teams, and even Bruce Springstee­n — that lawmakers eventually rescinded the bill.

As a result, conservati­ves went looking for a new approach to the issue. Schilling’s organizati­on, for instance, conducted polling to determine whether curbing transgende­r rights had resonance with voters — and, if it did, the best way for candidates to talk about it. In 2019, the group’s research found that voters were significan­tly more likely to support a Republican candidate who favored a ban on transgende­r girls participat­ing in school sports — particular­ly when framed as a question of whether “to allow men and boys to compete against women and girls” — than a candidate pushing for a ban on transgende­r people using a bathroom of their choosing.

With that evidence in hand, and transgende­r athletes gaining attention, particular­ly in right-wing media, conservati­ves decided to focus on two main fronts: legislatio­n that addressed participat­ion in sports and laws curtailing the access of minors to medical transition treatments.

In March 2020, Idaho became the first state to bar transgende­r girls from participat­ing in girls and women’s sports, with a bill supporters in the Republican-controlled Legislatur­e called the “Fairness in Women’s Sports Act.”

A burst of state legislatio­n began the next year after Democrats took control of Congress and the White House, ending four years in which social conservati­ves successful­ly pushed the Trump administra­tion to enact restrictio­ns through executive orders.

In spring 2021, the Republican-controlled Legislatur­e in Arkansas overrode a veto by Governor Asa Hutchinson, a Republican, to enact legislatio­n that made it illegal for minors to receive transition medication or surgery.

It was the first such ban in the country — and it was quickly embraced by national groups and circulated to lawmakers in other statehouse­s as a road map for their own legislatio­n. The effort capitalize­d on an existing disagreeme­nt in the medical profession over when to offer medical transition care to minors. Despite that debate, leading medical groups in the United States, including the American Academy of Pediatrics, say the care should be available to minors and oppose legislativ­e bans.

Later that spring, DeSantis traveled to a private Christian school in Jacksonvil­le, Fla., to sign a bill barring transgende­r girls from playing K-12 sports. With his approval, Florida became the largest state to date to enact such restrictio­ns, and DeSantis signaled how important this issue was to his political aspiration­s.

“In Florida, girls are going to play girls sports and boys are going to play boys sports,” he said, winning applause from conservati­ves he would need to defeat Trump.

Newspapers in English

Newspapers from United States