That is the question.
The governor of Utah has said he might not sign the bill banning us from playing in sports that the Republican legislature just passed.
Governor promises veto of last-minute bill to ban transgender girls from school sports
KUER 90.1
By Sonja Hutson
March 4, 2022
Transgender girl athletes could be banned completely from competing in school sports on teams that align with their gender identity. The Utah Legislature passed the surprise bill late Friday night about an hour before the end of the session. Gov. Spencer Cox said he would veto it and it did not pass with enough support to override a veto.“This is the bill that deals with protecting female athletes from unfair competition from transgender athletes,” said the bill’s floor sponsor Sen. Curt Bramble, R-Provo. “Boys are simply built different than girls, and it's not fair to have them compete, whether they call them trans females or not.”
Transgender activists denounced the move and said they were blindsided by it.
The Republican litany… It’s for the children, that we are discriminating against them.
The LGBTQ+ community speaks out against he bill.
Robbins said it would affect transgender kids who don’t play sports, too.
“Transgender kids are going to feel like they don't have the support of Utah, that Utah just wants to push them aside and have them go away,” she said. “When you hear language about people who saw one successful transgender athlete, so they feel like they have to do something, the message is very clear: as long as you're invisible, we can put up with you. But the minute you're not invisible, we need to make you go away.”
The hope is that the governor will not sign the bill and he has hinted that he will not sign it.
Cox threatened a veto on an all-out ban bill last year, and said he would veto this bill as well if it got to his desk. He said the ban “came out of nowhere” after more than a year of negotiation on the issue
“To go from all of this work and all of this discussion and all of these negotiations to get to a point that was uncomfortable for everyone — but it was a path forward and really represents the best of Utah,” Cox said, “to now — on the last night of the session, out of nowhere, getting a complete ban that nobody's talked to me about — is incredibly disappointing.”
So it all boils down to, will he sign the bill or veto it?
At the State of the Union Address President Biden said he has our back, on March 2 the Department of Health & Human Services (HHS) Office of Civil Rights (OCR) issued a new statement.
HHS Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy
The Department of Health & Human Services (HHS) stands with transgender and gender nonconforming youth and their families—and the significant majority of expert medical associations—in unequivocally stating that gender affirming care for minors, when medically appropriate and necessary, improves their physical and mental health. Attempts to restrict, challenge, or falsely characterize this potentially lifesaving care as abuse is dangerous. Such attempts block parents from making critical health care decisions for their children, create a chilling effect on health care providers who are necessary to provide care for these youth, and ultimately negatively impact the health and well-being of transgender and gender nonconforming youth. The HHS Office for Civil Rights (OCR) will continue working to ensure that transgender and gender nonconforming youth are able to access health care free from the burden of discrimination. HHS understands that many families and health care providers are facing fear and concerns about attempts to portray gender affirming care as abuse. To help these families and providers navigate those concerns, HHS is providing additional information on federal civil rights protections and federal health privacy laws that apply to gender affirming care. As a law enforcement agency, OCR is investigating and, where appropriate, enforcing Section 1557 of the Affordable Care Act1 cases involving discrimination on the basis of sexual orientation and gender identity in accordance with all applicable law. This means that if people believe they have been discriminated against in a health program or activity that receives financial assistance from HHS, they can file a complaint.
This is important because it has the potential of nullify all those anti-trans state bills. Besides Section 1557 of the Affordable Care Act it also brings in Section 504 protects qualified individuals with disabilities from discrimination in programs and activities receiving federal financial assistance. Title II of the Americans with Disabilities Act (ADA).
Section 504 protects qualified individuals with disabilities from discrimination in programs and activities receiving federal financial assistance. Title II of the Americans with Disabilities Act (ADA) protects qualified individuals with disabilities from discrimination in state and local government programs. Gender dysphoria may, in some cases, qualify as a disability under these laws. Restrictions that prevent otherwise qualified individuals from receiving medically necessary care on the basis of their gender dysphoria, gender dysphoria diagnosis, or perception of gender dysphoria may, therefore, also violate Section 504 and Title II of the ADA.
I know many trans people are not disabled but under the law we have a diagnosis that is listed in the DSM, I look at it as any that helps us to nullify the states anti-trans laws.
The HHS guidelines also calls out another tool in our toolbox to cancel state laws.
HIPAA, the cornerstone patient privacy law, limits the circumstances under which health care providers and other entities may disclose protected health information, such as gender affirming physical or mental health care administered by a licensed provider.
Providers who may be concerned about their obligations to disclose information concerning gender affirming care should seek additional lega guidance regarding their legal responsibilities and other laws.
These are some powerful tools the president has given us.
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