The conservative movement has in the last two years seemingly embraced the fight against transsexual ideology. The issue has saturated right-wing media, often at the expense of other pertinent issues such as crime and immigration. Consciousness and opposition to the transsexual movement has become so fierce that several boycotts against companies such as Bud Light and Target have been widely covered as displays of GOP energy.
Republican led legislatures across the country have responded to the genuine controversies related to feeding children hormones and mutilating their genitals in the name of “gender-affirming care” or exposing minors to “drag queen” sex shows by passing bills banning these practices, but these laws are being systematically overturned by federal judges across the country without much fanfare.
Some of the judges who have arbitrarily overturned the democratic will of the people are liberals, as is expected, but thanks to the prominence of these laws in red states, Republican appointed judicieries have also been using their power to tip the scales in favor of well-funded gay and transgender activists.
Arkansas was the first state to ban transgender surgeries for persons under the age of 18 in 2021. The law, Act 626, was initially vetoed by Republican Governor Asa Hutchinson, who was under pressure from big business interests in his state. His authority was subsequently overridden by the Arkansas legislature, who voted overwhelmingly to put the law in place.
Several NGOs immediately challenged this legislation in federal courts, winning an injunction from Barack Obama appointee James M. Moody. The state appealed this ruling to the supposedly conservative 8th Circuit Court, who upheld Moody’s injunction. The 8th Circuits behavior was so surprising that even left-wing commentators expressed shock that the “most conservative, least diverse” federal appeals court in the country sided with the transgender movement against their own party. Following this decision, Act 626 has remained blocked and in limbo since October 2022, as Judge Moody repeatedly delays publishing a ruling.
In Tennessee, a different but related scenario developed. The Tennessee legislature passed the Adult Entertainment Act, which prevented “topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators in presence of minors,” but this law was widely perceived as a response to the outbreak of transsexuals and crossdressers performing sexually suggestive shows for small children.
Federal courts in Tennessee have long established the precedent that laws strictly regulating the minutiae of heterosexual behavior among adults inside strip clubs do not violate the First Amendment, but Trump-appointed Judge Thomas Parker ruled that the new law was unconstitutional because it impedes on the right of crossdressing homosexuals to perform obscene strip shows for children in public.
Shortly before announcing his run for president, Ron DeSantis signed a bill banning transgender surgeries for minors. Earlier this month, another Trump-appointed Judge, Robert Hinkle, not only blocked the enforcement of the law, but went on to pontificate about how “gender identity is real” and condemned “bigotry.”
This pattern has been holding throughout the country. Laws trying to temper any behavior in respects to the transsexual movement, regardless of how carefully they are worded, are thrown out or suspended as soon as they are put in front of a judge.
18 GOP controlled states have successfully passed bills seeking to regulate ethically dubious or obscene transgender behavior, and one by one they are all being blocked. Conservative judges have been regularly breaking with their state parties and the desires of popular majorities on the matter, yet they are not facing any political retaliation or scrutiny in Republican aligned media for it.
The Republican trans crusade is amounting to little more than a superfluous and likely fleeting political stunt in hopes of generating interest for 2024. It is not a serious attempt at combating the perverse phenomenon.