If you are unaware of the breadth of issues trans people are dealing with right now, this might sound like an overreaction. It might sound downright alarmist, and it’s essentially meant to be, or at least a strong warning. The point is not to create anxiety, but it’s important that those of you reading this who are affected by what is happening or who know people who are affected by this get a really good sense of why it’s so important to prepare for the worst even if we are attempting to hope for, well, better than it’s panning out to be.
If you’ve been reading my posts, you’re aware that this is not looking good. In the United States, the year 2022 has been filled with legislative, judicial, and executive attacks on trans people across the country. The final sense of safety has been ripped away with both the latest Roe v. Wade decision regarding bodily autonomy and the coinciding judicial opinions. I haven’t had a single interaction with a trans person who is not terrified of what’s to come. People are fleeing their states for safer states. Some are leaving the country. Every interaction I’ve had in the last month with people who are affected by at least the potential of what is to come results in mutual assurances that either party is being sure to have their plans together for fleeing the country.
Activist Erin Reed (@ErinInTheMorn on Twitter) has an incredibly useful map for trans people to get a handle of what the current landscape looks like, what states are essentially safe at the moment, which are of moderate risk, and which states you should possibly consider fleeing from already. Here’s a link, click on it for much more info, state by state:
My family is in what is considered a safe state… for now. We’ve still had offers in case we need to leave quickly. We’ve made offers to people we know that are in dangerous or middling states. We are making plans. We’ve got middle of the night plans. We’ve got long term plans. We’ve got other state plans. We’ve got other country plans. We’re having constant discussions amongst ourselves and with others.
Let me expand. You can understand the risks in the above states in the map, but this map is a snapshot in time. Policy leaders in those dangerous states have already loudly voiced their intentions to do much worse at both the state and federal levels, often calling for rounding us up and executing us. These calls have become more and more frequent. Simply taking away gender affirming healthcare and other protections is already often, unfortunately, a death sentence for many of us.
We live in a purple state that could turn at any time, but more significantly, we have a gubernatorial candidate with a good shot at winning the next election in three months, then it’s only 3 months after that until he would be instated. Six months of safety. After that, anything can happen. Similar dynamic at the national level and other ‘safe’ states. All it takes is the stroke of a pen for a conservative governor to take away our children, imprison us, or worse. And make no mistake, this is exactly what they want to do. This is not a matter of if– this is already in the process of happening in states you’ll see on that map.
Okay, so being in a safe state is already vital. That’s good. However, it’s critical that you understand what is happening at the national level. The judicial branch vis-a-vis the Supreme Court has already been compromised and has already indicated that we will receive no protections from them. On the contrary, they gave a dog whistle to court cases to attack current protections we enjoy. If you’re not aware, the Supreme Court will also be taking on a case (Moore v. Harper) that if ruled the way they are expected, may radically rewrite, and potentially dismantle the nature of democracy in the United States as it stands, and in the process compromise the Executive and Legislative branches in the process, handing them over to the Republican party. This would remove checks that would protect us from all three branches of government.
Look, I don’t mean to write out doom scenarios, but I really want to hammer down that this is real, and we can’t afford to put our fingers in our ears on this. My wife and I have had a difficult time deciding what would be the final straw for us. What would make us decide to leave the country? It wasn’t till I flipped the question that it really clicked. What would make us feel safe to stay?
What would it take to provide a semblance assurance of safety for trans/queer families? Well, for us, these are the only things we can think of:
Impeachment and removal of Trump-appointed Supreme Court judges and replacement with judges who would not undermine our safety or bodily autonomy, let alone outright take aim at us.
Constitutional protections for trans/queer people. Executive and merely codified protections are too easily overturned, especially within the above scenario.
What would it take to achieve either or both of the above? The same. It takes a 2/3rds majority for impeachment of a Supreme Court judge or for a Constitutional Amendment. The election is less than 3 months away. Do you see the Democrats winning a 2/3rds majority? I don’t. Because there will be no bipartisanship on trans protections. You know this. I know this. Then it’s just about 3 months until everyone is instated and we begin a new and dangerous world.
In summary, they have the power, they have a plan, they are vocally telling us what they are going to do, and they’re only two moves away from checkmate. If they are telling us they are going to oppress us, it’s time to listen.
If nothing else, hopping from state to state or living in perpetual fear that you’ll be in danger every two-year election cycle is not a great place to be for your mental health. Something needs to change and we need protections we can count on, now.
What’s the least you can do to protect yourself right now if you’re in a safe state?
My mom has been on my case lately to be sure that our passports are in order (love you, Mom!). I was already working on it. I’ve got a passport, but it’s in my deadname. It’s better than nothing, but I’m getting it updated. I actually had to sell some stuff just to afford the extra ~$1000 it takes to get passports for our entire large family, but it’s not just important, it’s vital, in every sense of the word.
If you are trans, and possibly any flavor of LGBTQIA+, I want to urge you to apply for a passport right now if you don’t already have one. If you know someone who fits this description, I want you to urge them the same. Please, I urge you, if someone is in this situation and you don’t think they can afford it, please offer to purchase it for them if you can (about $180 counting passport photos). Be my mom and get on their case about it. Email them this link if you think it will help.
You need to assess your own risk profile and personal situation, of course, but no matter what, if you need to leave the country because of safety over state or federal action, you will need a passport. And passports take time to process. Even longer if the system is slammed with people applying at the last minute. Impossible if a law or executive action is passed declaring us mentally incompetent and unable to apply for a passport. No, asylum and refugee statuses are not viable options for US Citizens, please trust me on this. Work and residency visas are difficult, but as an American, you can at least travel fairly easily on a tourist visa for extended periods while figuring out your next step if you don’t already have a plan.
I am not telling you to move. But I am saying to provide yourself with the least you can do to maximize your options for your safety which runs out in six months, if you’re not already in danger. All the more so if you have kids involved, like in our case. I’m not telling you to not stay and fight the system if that’s what is within you and your ability. I am saying, do the one thing that offers you the most protection and safety in case all else fails and all hope is lost. I’m not even telling you to lose hope yet.
I truly hope that you get this passport and it was all for nothing. I hope even more that you’ll just be glad you got that passport when you did so that you could take that vacation trip you’ve always been planning, and that you can return home safe and sound after a relaxed/fun time abroad.
I desperately hope that you don’t miss the signs, ignore this warning, and then wish for your life that you’d gotten it sooner.