Wisconsin Republicans introduced new bills targeting transgender youth last week after President Donald Trump signed several related executive orders. People gather in New Orleans for Transgender Day of Visibility on March 31, 2023. (Photo by Greg LaRose/Louisiana Illuminator)
Wisconsin Republicans are again turning their focus towards LGBTQ+ youth, especially those who are transgender, introducing bills that would prohibit gender-affirming care for youth, ban students from playing on certain sports teams and mandate that school districts get permission from parents when using different names and pronouns for students.
The four bills come as President Donald Trump has signed a slate of executive orders targeting transgender people. The bills have received pushback from the Wisconsin Legislative LGBTQ+ Caucus, the Transgender Parent and Non-Binary Advocacy Caucus and LGBTQ+ advocacy organizations.
Sen. Mark Spreitzer (D-Beloit), chair of the LGBTQ+ caucus, told the Wisconsin Examiner that the bills are “part of broader national Republican effort” to attack trans people.
“Republicans are now trying to essentially legislate trans people out of existence by denying medically necessary life-saving care, by preventing people from playing team sports, by trying to make it harder for people to be called by the name and pronouns that they go by when they’re in school,” Spreitzer said.
Targeting transgender athletes
The first two bills would ban transgender girls in Wisconsin K-12 schools and transgender women attending UW System schools and Wisconsin technical colleges from participating on teams that reflect their gender identity.
The bills’ introduction followed the Wisconsin Interscholastic Athletic Association decision in early February to change its policy, which previously permitted transgender athletes to compete on teams consistent with their gender identity. In response to an executive order signed by Trump, the new policy prohibits an athlete from competing on a team that does not match the biological sex that they were assigned when they were born.
“Working in consultation with legal counsel, our Board updated this policy to ensure clarity is provided to our membership as they work to comply with new federal guidance from the White House,” Stephanie Hauser, executive director of the WIAA, said in a statement.
The WIAA’s decision was celebrated by Reps. Barbara Dittrich (R-Oconomowoc) and Dan Knodl (R-Germantown), who have led unsuccessful efforts in the Legislature to restrict what teams transgender athletes play on for many years. The lawmakers said in a column that they would reintroduce a bill “to secure women’s and girls’ rights in Wisconsin.”
FAIR Wisconsin Executive Director Abigail Swetz said in a statement that sports should be an inclusive space for youth.
“When an athlete gets to play sports on a team where they belong, that can make such a huge difference, and that is especially true for our trans athletes when the trans community is under attack from a hostile federal government. Now is the time to show our trans kids love and support, not exclusion,” Swetz said. “Our trans kids and young adults, and all trans Wisconsinites, need to know that there are so many people in this state who love you exactly as you are. The fact that a few members of the Wisconsin legislature want to play political games with your joy is inappropriate.”
Swetz said in an email to the Wisconsin Examiner that the decisions by lawmakers and by the WIAA are examples of the power that the Trump administration is trying to exert on policies at all levels, “using their platform in a calculated, chaotic, and hateful way.”
“There is so much a federal administration cannot do, but let’s be real here, this administration is trying to govern by executive overreach, and although I do not think they will succeed in changing many federal laws, there is power in their federal agencies and also in their significant use of the very loud microphone at their disposal,” Swetz said.
The anti-trans orders “will undoubtedly create a chilling effect of pre-compliance,” Swetz added. “We cannot allow obedience in advance, although we’re already seeing it; the WIAA ruling is a disappointing example of pre-compliance, and it’s frankly antithetical to the values WIAA espouses.”
Gender-affirming care for minors
Another bill — coauthored by Sen. Cory Tomczyk (R-Mosinee), Rep. Scott Allen (R-Waukesha), Assembly Speaker Robin Vos (R-Rochester) — would ban gender- affirming care for people under the age of 18. It would prohibit health care providers from engaging in or making referrals for medical intervention “if done for the purpose of changing the minor’s body to correspond to a sex that is discordant with the minor’s biological sex,” including prescribing puberty-blocking drugs or gender-affirming surgery for minors.
“Our children are not experiments and parents should not be scared or pressured into having their children receive non-medically necessary drugs or irreversible procedures before their brains are fully developed,” the authors wrote in a memo.
Health care providers under the bill could be investigated and have their licenses revoked by the Board of Nursing, the Medical Examining Board and the Physician Assistant Affiliated Credentialing Board if there are allegations that they have provided this type of care to a minor.
Following an executive order by Trump to withhold funds from medical institutions that provide gender affirming care and to require federal health programs to exclude coverage of gender-affirming surgeries and hormone treatments for young people by 2026, Children’s Wisconsin hospital paused gender-affirming care for teens. The hospital reinstated the practice.
Spreitzer called the bill the “cruelest” of the proposals.
“Republicans are touting this idea that kids shouldn’t make permanent medical decisions until they’re 18,” Spreitzer said. “There are plenty of permanent medical decisions that need to be made before the age of 18 because of different conditions, and that’s why doctors exist.”
He added that such decisions “should be made between doctors, parents and the affected young people, based on medical necessity, based on rigorous medical evaluation, and politicians should not be inserting themselves into that.”
Spreitzer said that medications to delay puberty are intended to give young people the chance to grow up and potentially be able to make additional medical decisions once they turn 18. He said that banning them could create significant psychological harm and leave permanent physical effects that may require additional medical interventions in the future that wouldn’t have been necessary if they’ve been able to take puberty blockers.
The process for gender affirming care is lengthy and is a decision that includes the child, their families and health providers, including mental health providers, and gender affirming care before 18 mostly focuses on pubertal suppression or hormone therapy.
Studies have found that de-transitioning is quite rare, according to the Human Rights Campaign, and one study found that transgender youth who start hormones with their parents’ assistance before age 18 years are less likely to detransition compared with those that start as adults.
Spreitzer noted that those under 18 who have been receiving care would also have to stop receiving it. The bill would include a six-month period before it goes into effect which would be meant for health care providers to discontinue care for minor patients
“People are going to essentially be told in six months you’re going to have to stop taking medications you’re currently on, and you’re going to have to go through puberty as a sex that you don’t identify with. That is going to create incredible trauma for those young people,” Spreitzer said.
Names and pronouns
The fourth bill introduced last week would require school districts to implement policies stating that parents determine the names and pronouns used by school staff. The proposed policies must require a parent’s written authorization for school employees to use something different.
The bill includes an exception if a nickname is a shortened version of a student’s legal first or middle name.
Bill authors Dittrich and Sen. Andre Jacque (R-New Franken) said the legislation is in response to parents feeling like schools are excluding them. The bill was modeled after a policy implemented by Arrowhead High School in 2022, even as there was some pushback from students and families.
“Its intent is not to punish children or eliminate their ‘safe spaces,’” the bill authors wrote in a memo. “Instead, the goal is to ensure transparency and prevent school district employees from withholding or, in some cases, encouraging life-changing decisions regarding a child’s sexuality or gender identity without parental involvement.”
Spreitzer said the bill was poorly drafted. Besides “making it just harder for trans students to be called by the name and pronouns that they use in everyday life, it would really put school districts in a ridiculous position,” he said.
“People go by all sorts of nicknames in everyday life — maybe it’s a version of their last name, maybe it’s a totally different name. It’s not as simple as just a shortened version of your first or middle name for everybody,” Spretizer said. “This is the Legislature trying to micromanage decisions that are made in everyday life without great controversy, and inserting itself into every school district, and I think it just would have absolutely absurd effects that the authors have not even thought of.”
Spreitzer said bills targeting transgender youth are not particularly new in Wisconsin. He noted that in 2011 a bill that would have restricted bathroom use for transgender people was introduced, but it never got to then-Gov. Scott Walker’s desk.
“It’s obviously become more front and center, just seeing how early in the legislative session these are being put out, and how much of coordinated effort there seems to be with bills coming out three different days this week, all attacking trans people,” Spreitzer said.
Spreitzer said that even in the current national political environment, advocates opposed to such legislation are in a stronger position than in the past. Gov. Tony Evers has vetoed similar legislation in the past and has pledged to continue vetoing such legislation, he noted. The Legislature’s LGBTQ+ caucus has a record number of members this year — 12 lawmakers from across the state including Eau Claire, Appleton, Ashland and Green Bay.
“While we are deeply concerned about what’s coming down from Washington DC, we are in a very strong position to not only stop attacks on the LGBTQ+ community here in Wisconsin, but hopefully in two years, to be in a majority and be able to pass proactive legislation and protect equality,” Spreitzer said.
Swetz told the Wisconsin Examiner that FAIR Wisconsin will continue working with local, state and federal elected officials to strengthen protections for LGTBQ+ people.
“I think fear is understandable. There is a lot that’s uncertain. I’m scared, too. I also think we have to remember that the LGBTQ+ community has always faced hostility, often from the government, and we are still here,” Swetz wrote. “This is a moment to organize and mobilize and most importantly, to take care of ourselves and our community.”
GET THE MORNING HEADLINES.