With masked paramilitary forces grabbing nonwhite people from the streets and shooting civilians with impunity, it can be difficult to keep focus on all the other ways Republicans are entrenching a fascist status quo nationwide. For trans people, however, the legislative and policy assaults, which have been escalating red states for nearly a decade, are only getting worse — and, as ever, drawing all too little concern from Democratic leaders.
Just last week, the Kansas legislature passed some of the most far-reaching measures to push trans and gender-nonconforming people out of public life to date. Bathroom bans that bar trans people from restrooms aligned with their gender identity have become grimly common; over 20 states have such a law on the books. But Kansas’s new anti-trans bathroom bill adds a dangerous twist: a bounty hunter provision.
The law would permit private citizens to sue and seek monetary reward based on claiming to encounter a trans person in the bathroom. That’s on top of some of the harshest punishments of any existing bathroom bans, such as criminal charges, steep fines and even jail time.
As journalist and trans rights advocate Erin Reed first reported, the bill’s vague language means that its reach could extend beyond public buildings — the remit of most bathroom bans around the country.
“As written, it would not only be the first bathroom bounty law to target transgender people directly, but also the first to extend a bathroom ban into private spaces,” noted Reed, “effectively creating the nation’s first private bathroom ban if enacted by empowering bounty hunters to search for trans people in bathrooms.”
The language of the bill, while vague, says that any person who alleges to be “aggrieved” by the presence of a trans person they encounter in a restroom facility can file a civil suit against that individual for “damages” of at least $1,000.
Kansas Republicans rushed through the bathroom ban, skirting public comment by essentially sneaking the bill into another piece of legislation aimed at denying trans people correct government IDs. The ID legislation is in and of itself extreme: it would invalidate driver’s licenses, government IDs, and even birth certificates that don’t list a person’s sex as assigned at birth.
The bill would require trans people to surrender their correctly identifying driver’s license or risk a misdemeanor offense for driving with a invalid license. Trans Kansans would thus have to choose between carrying identification with their assigned sex at birth — inviting potentially further harassment and violence in public — or forgoing aspects of public life entirely. It’s a policy in line with the Trump administration’s move to stop issuing accurate passports to trans Americans.
The aim is to produce a climate of distrust and terror.
The bathroom bounty hunter ban was then layered on top of the ID law in a so-called “gut and go” maneuver.
The twin bills passed both the state House and Senate with over two-thirds of the vote, given the significant Republican majority — enough to override a veto from Democratic Gov. Laura Kelly.
“Transgender people are already vulnerable to violence, especially in restrooms, and this bill layers prospective physical violence on top of the existing privacy violation of forced changes to identification documents,” said Logan DeMond, director of policy and research at the American Civil Liberties Union of Kansas, in a statement.
The fondness of Trumpian Republicans for bounty hunter laws comes as no surprise, recalling the dark legacies of Fugitive Slave Act laws and Jim Crow civilian surveillance. Now, whether criminalizing abortions, rounding up immigrants, or policing gender expression, far-right leaders and think tanks embrace vigilante violence as a key mechanism of enforcement. The aim is to produce a climate of distrust and terror.
Anti-trans zealots have been harassing people they believe to be trans — including multiple incidents involving cis women — even without the promise of financial payoff. The Kansas legislation only “turbocharges,” as Reed put it, the violent policing of access to public life.
“I have sat here for five and a half hours and listened to this entire room debate my humanity and my ability to participate in the most basic functions of society,” said Kansas Democratic state Rep. Abi Boatman, who is the only trans lawmaker in the state, when the new legislation was debated. “I hope none of you have to ever sit through something like that.”
It should not need repeating that it is trans people who overwhelmingly face harassment and violence in bathroom facilities; the framing of bathroom bills as a question of cis women’s safety has always been a bunk excuse to enforce gender conformism. It should also be obvious that any laws encouraging the surveillance and control of our bodies, particularly with women’s bodies as the site of paranoiac anti-trans obsession, make all women less safe. And as with any such laws, it is always Black trans and cis women who face the worst scrutiny.
We should not forget that just one decade ago, the Christian far-right groups that pushed the first round of model bathroom bills into statehouses largely failed. Politicians faced huge public backlash; the state of North Carolina faced massive boycotts in response to its 2016 bathroom bill. But conservative think tanks got to work, refocused manipulative messaging around children and women’s sports, and astroturfed the issue to activate the right-wing base. In the following years, anti-trans legislation swept through statehouses.
All the while, far too many Democratic leaders, like the serpentine California Gov. Gavin Newsom, have been willing to throw trans people under the bus. While bathroom bills have been the preserve of Republican-led states, Democrats with national standing have roundly failed in supporting the sort of pressure campaigns that gave state lawmakers pause for thought 10 years ago. Bathroom bans now abound, and 27 states have enacted laws or policies restricting or banning gender-affirming medical care for trans youth.
Within such a context, there’s little wonder that legislation is only becoming harsher and crueler. And while the attack on trans existence is part of a longer history of Christian right pro-natalism and attacks on bodily autonomy, it is not so long ago that public pressure made attacks on trans rights a political liability.
It is our responsibility to make it so again — particularly for Democrats claiming to represent a united anti-fascist front. And, above all, to ensure we support community-based networks working in solidarity with trans adults and children around the country so that they can have health care, work, learn, socialize, and share in public life without scrutiny or challenge. These are the minimal conditions for freedom — apparently too much to ask for some Democrats.
