Bill defining trans people out of legal existence to be voted on in Indiana

"[the anti-trans side’s] knowledge of science is so out of date that [they] might as well be treating blood with leeches"

By Jane Migliara Brigham

Today, Jan. 21, an Indiana Senate Committee voted to advance a bill to the floor which would write trans people out of legal existence, ban the changing of gender markers on legal documents, bar unisex multi-stall bathrooms, and force trans people to be placed in opposite gender prisons. If enacted, it would be among the harshest anti-trans laws in the entire country.

For a full rundown of the bill itself, you can read our write up on it here:

Indiana Senate Bill would legally define trans people as non-existent

This bill has been called “the single most egregious” piece of anti-trans legislation in Indiana, but it can still be stopped.

The Needle NewsArtemis T. Douglas

The testimony around the bill was similar to the testimony around many other anti-trans bills in the State of Indiana and beyond. Like the others, there was a dedicated set of anti-trans speakers from dedicated organizations, as well as state officials; and on the pro-trans side, there were a number of trans people and their parents.  There were 6 anti-trans speakers, and 18 pro-trans speakers, meaning the pro-trans side outnumbered the other by 3-to-1.

According to local organizer Lilliana Young, who spoke at the hearing, all but one of the people speaking in favor of the anti-trans bill had previously testified in favor of anti-trans bills for the Indiana legislature. This included a representative from the SPLC-designated hate group Alliance Defending Freedom (ADF), someone claiming to be a biology researcher, and others.

One notable anti-trans testimony came from a representative of the state’s Attorney General, who argued that the definition of biological sex as outlined in this bill is not just good for its own sake, but that this inflexible definition is useful in defending against legal challenges on the basis of anti-trans discrimination.

The only new voice on the anti-trans side was the sheriff of Harrison County, Indiana. He was there to argue how difficult it is for officers to determine which trans inmates should go to which facilities, and that having a law to make that decision for them would streamline the process.  One Senator asked the Sheriff if genital inspections are part of making that determination, to which he said that they sometimes are. He did not explain what this looks like in practice.

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The pro-trans side was far more numerous, and was made up primarily of lay people who were speaking there for the first time. It was primarily made up of parents and family members of trans people, with some trans people in the mix. 

The pro-trans side spoke at length about the material harms that this bill would do to trans people. Several talked about how having access to accurate IDs and birth certificates is essential to keep oneself safe. Others talked about pressing risk of rape and V-coding faced by trans people (and trans women in particular), with one lawyer of an imprisoned trans women making his case entirely on this basis.

Lilliana Young cut to the heart of the matter when she said that the entire point of this legislation is to harm trans people. She also directly challenged the anti-trans definition of biological sex when she said that the anti-trans side’s "knowledge of science is so out of date that you might as well be treating blood with leeches". Of the 18 pro-trans speakers, she was the only one who got a visible reaction from the Republican senators.

The bill was voted to be advanced to a floor vote on a 9-3 decision along party lines.

No date for the Senate floor vote has been set, although Young suspects that it will be set within the next month.

While Young and others are convinced that the bill is now going to be made into law, she is still confident that bills and laws like this will not be around forever. The way she sees it, “This kind of heinous bigotry… every time it has gotten this bad, we have clawed our way out. And I do believe we will claw our way out of this one.”