Sarah McBride’s recent victory to become the first openly transgender U.S. member of Congress was a landmark moment in visibility and respect for transgender people in our nation. Visibility is important because when more Americans see themselves in our elected officials, it helps us all feel more included and works to shape policy to benefit every person.
Oftentimes, those who break barriers are reduced to their identity-only in the public eye. Rep-elect McBride did not run away from the groundbreaking nature of her candidacy, but it is also not what solely defined her. As a candidate, she highlighted issues that she believes are critical to Delawareans, she touted her achievements in legislative hall, and she talked extensively about her love of her home state.
The ACLU of Delaware is a non-partisan organization, and there have been times we have disagreed with Rep-elect McBride, and other times where we have agreed with her. It is likely that trend will continue in her new role as a member of U.S. Congress. We do not endorse or oppose any candidate for elected office but instead highlight their positions on critical ACLU issues.
However, this recent media uproar about Rep-elect McBride’s use of Capitol bathrooms is a remarkable illustration of the routine dehumanization that transgender people face every day. And it’s not just about the bathrooms. Trans people face remarkable discrimination in employment, housing, education, accessing public accommodations, and nearly every other aspect of life. Those who oppose the rights of transgender people push these restrictions in a futile attempt to erase them from public life. Trans people have always existed and they always will.
Trans people have always existed and they always will.
Fortunately, Delaware has more protections for transgender people than other states. State law protects transgender people who have experienced discrimination in employment, housing, and accessing public accommodations, meaning that every trans person must be treated with the basic human dignity that they are entitled. It is critical that we continue to educate our transgender community and its allies on their rights, so they may assert them. That’s why the ACLU-DE released a new Know Your Rights guide for transgender students in schools, and how state and federal laws protect them.
But the work is not over. Given what we have already seen from Congressional members, we can easily anticipate more anti-trans policies and rhetoric to come from all corners of DC. Donald Trump has pledged to rescind executive orders that provide greater protections to transgender people, and he will likely not stop there.
Delaware can take additional actions to protect transgender people now by passing the following reforms:
- Add gender affirming care to existing shield laws that protect reproductive healthcare, so that medical professionals and patients cannot be investigated or criminalized for providing or receiving gender affirming care in Delaware.
- Ban the use of reverse warrants, which hostile states or the federal government could use to conduct dragnet surveillance on transgender people seeking care.
- Affirm the rights of transgender students, with the state Attorney General and Delaware Department of Education issuing renewed guidance to all school districts that they must comply with Delaware non-discrimination laws.
What I know as a Delawarean is that when we are confronted with hatred, we respond with love and acceptance. It is time for our elected officials to step up and show that we will continue to have transgender Delawareans’ backs. In January, we will have activist trainings throughout the state, and we invite you to come and join our movement to fight for justice and equality for our transgender family, friends, and neighbors.
