‘Sanctuary’ Movement’s New Focus: Transgender Youth

A bill in Washington state would allow shelters and temporary housing to take in transgender minors who flee their homes in other states, and would not require parental notification.

AP/Armando Franca, file
A demonstrator holds up a sign during a march to mark International Transgender Day of Visibility. AP/Armando Franca, file

In a new front in the fight over transgender healthcare, Democrats are trying to turn their states into safe havens for transgender children, even over the objections of parents or legal guardians. 

The movement in Democratic states to become “sanctuaries” for transgender minors comes as Republican-led states are either considering or have enacted bills that would restrict or outright ban “gender affirming” medical care such as hormone therapies or surgeries. 

A bill in Washington state would allow shelters and temporary housing to take in transgender minors who flee their homes in other states, and would not require parental notification. At a committee hearing for the legislation, the state senate sponsor, Marko Liias, said the bill is meant to “support trans youth.”

“It’s up to us that there are safe places for them to learn and grow and thrive, and this bill works to create that network of loving and supporting places,” Mr. Liias said. The Washington state Republican party has called the bill “radical,” saying it “will allow the state to step in, take control of your child, and transition their gender without parental consent.”

California became the first state to adopt such a measure. On January 1, its transgender sanctuary bill took effect, barring law enforcement from complying with subpoenas or extradition orders from states like Texas, Idaho, or any other that bans these health services for minors. 

The state senate sponsor of the bill, Scott Weiner, praised California’s law. “As so many states work to erase trans kids and criminalize their families, California must always have their backs,” Mr. Weiner said. “California is forcefully pushing back against the anti-LGBTQ hatred spreading across parts of our nation. The rainbow wave is real, and it’s coming.”

The transgender sanctuary movement stems from the attempts in recent years to make cities and states “sanctuaries” for both undocumented immigrants and those seeking abortion. In 2017, President Trump signed an executive order that would have withheld federal funding from sanctuary cities like New York, San Francisco, and Boston, all of which limit the cooperation between local and federal law enforcement in immigration cases. 

Following the Dobbs decision last summer, Republican-led states passed legislation to curtail abortion rights. In response, Democrats in states across the country adopted laws to create “safe havens” for those seeking abortion. In all, 15 states and the District of Columbia have cut down on wait times, removed parental consent regulations, and lowered the cost of the procedure for those coming from outside the district. 

Last year, legislators in 16 states pledged to file “transgender sanctuary” bills in order to “shield trans kids and their families from penalties when seeking gender-affirming care to the greatest extent possible.”

The announcement came as Republican state lawmakers seek to bar minors from gender-affirming care. Arkansas became the first state in the nation to ban those medical practices in 2021.

The Arkansas attorney general, Leslie Rutledge, defended the law, saying it was “about protecting children. Nothing about this law prohibits someone after the age of 18 from making this decision. What we’re doing in Arkansas is protecting children from life-altering, permanent decisions.”

South Carolina and Oklahoma are taking their legislation a step further. Bills in both states would ban hormone treatments and surgical procedures up to the age of 26. Any doctor who was involved in such procedures would face jail time.

The Tennessee state senate on Monday approved a bill that would ban transgender medical treatment for anyone under the age of 18. It was the first bill filed in the Tennessee legislative session, which speaks to this issue’s importance among conservative voters. 

The president of the conservative American Principles Project told the New York Times that laws banning these health care treatments are a “political winner” for Republicans.

Transgender issues are also expected to take a starring role in the coming presidential election. President Biden’s administration has issued a number of federal guidelines and rules surrounding transgender healthcare, public accommodations, and civil rights.

President Trump released a plan to “protect children from left-wing gender insanity” in one of the first policy announcements of the 2024 presidential campaign. Governor DeSantis — who is widely expected to join the fray — has made LGBTQ issues in education a pillar of his tenure in Florida.


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