{"id":74947,"date":"2019-06-06T15:54:12","date_gmt":"2019-06-06T15:54:12","guid":{"rendered":"https:\/\/essays.homeworkacetutors.com\/rights-of-transgender-americans-religion-and-the-state\/"},"modified":"2019-06-06T15:54:12","modified_gmt":"2019-06-06T15:54:12","slug":"rights-of-transgender-americans-religion-and-the-state","status":"publish","type":"post","link":"https:\/\/www.colapapers.com\/us\/rights-of-transgender-americans-religion-and-the-state\/","title":{"rendered":"Rights of Transgender Americans: Religion and the State"},"content":{"rendered":"
\n

The Rights of Transgender Americans: An Examination of the
\nConflict between Religion and the State<\/h4>\n

Research question: How and to what extent do
\nreligiously conservative actors influence state policies that discriminate
\nagainst the rights of transgender people in the United States today?<\/p>\n

In the
\nUnited States, most trans people face discrimination in the workplace, courts,
\nschools, military, and other public spaces. While secular society and religious
\ngroups alike are polarized in this public debate, the discrimination against
\nthe rights of trans people that does exist today is decidedly due to the
\ninteraction of two crucial factors: the first factor is a lack of adequate
\npolicies which specifically protect the civil and human rights of trans people
\non local and federal levels; the second factor is civil society\u2019s virulent
\nanti-trans rhetoric in public discourse, which often strongly influences the
\nfirst factor. What both factors have in common is an inextricable connection to
\nsecular and religious conservatism. Today, conservative religious actors,
\npredominantly Christians, are able to effectively lobby right-wing political
\nofficials and representatives to litigate against the rights of trans people on
\nlocal and federal levels. Between the religiously conservative beliefs of both
\nlobbyists and government officials themselves, the state is rendered biased
\nwhen forming laws that affect the rights of trans people. Therefore, the notion
\nof separation of church and state is not continuous in reality and, without
\nsecularization of the state, the anti-trans rhetoric of religious conservatives
\ncontinues to effectually discriminate against the rights of trans people in policymaking.
\nAdditionally, a vast portion of civil society publicly disseminates a
\none-dimensional rhetoric against trans people when discussing how trans people
\nshould be treated in state policy and society. This anti-trans discourse in
\ncivil society bears a significant correlation with the values that religious
\nand secular conservatives openly express, and oftentimes has virtually no basis
\nin the reality of the lived experiences and oppression of trans people. The
\nconsequence of this interaction between conservative religion, conservative
\ncivil society, and a non-secular, right-wing state is that the majority of laws
\nin the United States discriminate against the rights of trans people.
\nMeanwhile, in this ongoing public debate, trans people are experiencing real,
\nprofound psychological turmoil due to victimization and suffer: today, trans
\npeople face an intense struggle to acquire total validation of their identity
\nand equal rights as citizens of the state and members of civil society, in both
\nreligious and secular spaces across the United States.<\/p>\n

As the visibility, acceptance, and inclusion of trans people<\/a> rises in religious and secular spaces across civil society, trans people and their allies lobby the state to be included in and protected by policies at local and federal levels, since the majority of legislation excludes and disenfranchises trans people. On a federal level, trans people do not have legal protections from discrimination<\/a> because the Equal Protection Clause of the constitution neglects to explicitly and consistently include trans people in its prohibition of unjust and prejudicial treatment based on sex and gender (Oakes 298). Likewise, no federal law designating trans people as a protected class or specifically requiring equal treatment for them exists, and all states except one deny legal recognition of non-binary and gender non-conforming people (O\u2019Hara, The Daily Dot). In public discourse, the existence of trans people tends to clash with the traditional, conventional beliefs of religious conservatives, particularly Christians, who base their cisnormative conception of gender and sex in a fundamentalist interpretation of the creation story within holy scriptures. By exercising the right of religious freedom, many conservative Christians vocalize their anti-trans rhetoric in order to sway the state to form policies that uphold their religious beliefs. For instance, as recent as August 2017, prominent members of the Trump-Pence Administration\u2019s Evangelical Advisory Board participated in the national conference of the Southern Baptist Convention\u2019s Ethics and Religious Liberty Commission that released \u201cThe Nashville Statement\u201d: \u201cWe affirm that self-conception as a male or female should be defined by God\u2019s holy purposes in creation and redemption as revealed in Scripture. We deny that adopting a homosexual or transgender self-conception is consistent with God\u2019s holy purposes in creation and redemption\u2026 We deny any obligation to speak in such ways that dishonor God\u2019s design of his image-bearers as male and female\u201d (www.cbmw.org). While the alliance between conservative Christian advisors and the executive branch of government violates separation of church and state, the conspicuous dissemination of this explicitly religious manifesto denies the sheer existence of trans people by referencing the biblical verses as evidence of a male-female sex and gender binary. Moreover, the majority of the state legislation that currently regulates public spaces favors and reflects this anti-trans rhetoric from Christian conservatives in this national discourse, causing trans people to be further victimized due to marginalization and disenfranchisement in civil society.<\/p>\n

Inextricably linked, religious and secular conservatives alike inform the way civil society views gender as a non-traversable binary, which in turn exacerbates discrimination against trans people in state policies. In the United States, dominating Christian beliefs have enabled courts to rule that \u201cGod created a man that neither the law nor the medical community could turn into a woman\u201d and vice versa (Greenberg 66). Numerous jurisdictions and states have passed so-called bathroom bills to restrict the use of transgender people\u2019s access to public restrooms, forcing them to use ones that match their sex assigned at birth (Gerstenfeld 65). For example, North Carolina\u2019s bathroom bills<\/a> revokes the right to sue under a state antidiscrimination law and Mississippi allows institutions to deny services to trans people on the basis of religious beliefs (Green, The Atlantic). In the public debate on this controversial issue of bathroom bills, Republican presidential candidate Mike Huckabee, who self-identifies as Christian, announced, \u201cNow I wish that someone told me that when I was in high school that I could have felt like a woman when it came time to take showers in P.E. I\u2019m pretty sure that I would have found my feminine side and said, \u2018Coach, I think I\u2019d rather shower with the girls today\u2019\u201d (Bradner, CNN). Although there is no evidence that trans-inclusive and gender-neutral public spaces pose any threats to cisgender people, trans people are physically and psychologically traumatized and victimized by bathroom bills. This legislation reveals how anti-trans rhetoric from religious conservatives and secular actors almost always centers around the discriminatory over-sexualization of trans people, and this bigotry renders the existence of trans people as inherently inappropriate and perverse due to their unconventional and non-conforming sexuality and gender identity. By tapping into civil society\u2019s ignorant anxieties that trans people spawn gender chaos and ungrounded fears that vulnerable children and women are at risk of sexual assault, religious conservatives are able to effectively shape state policies that deny trans people access to a variety of public spaces. Far from an issue of privacy or a security risk, these bathroom bills systematically erase trans people\u2019s identities from public spaces, which prevents trans people from getting the support, resources, and services they need to fully exist and thrive as equal members of civil society and citizens of the state.<\/p>\n

As a
\nsystemically oppressed minority, trans people are reduced to vulnerable
\ncitizens of the United States, but their marginalization enables religious
\nconservatives to freely deny the rights of trans people in the name of
\nprotecting their religion. In public discourse, American pastor Neil
\nCazares-Thomas understands \u201cthe foundations of evangelical Christianity in the
\nUnited States as a deliberate strategic attempt to ensure that Christians were
\nat every level of government. To that end, they have been extremely successful.
\nBut also because of that, the church has become a representation of the culture
\nand not a representation of Jesus\u2026 Isn\u2019t there separation of church and state
\nhere? And if it was true, why would you have a Christian minister or any
\nminister open a state event? There is this blurry line between the separation
\nof church and state and the importance of God and religion in civic life\u201d (Dart,
\nThe Guardian). As conservative Christians hold the most influence on the
\ncurrent administration, their beliefs are significantly relevant in the
\nformation of policies that discriminate against trans people. In contrast to
\nthis stance in public debate, the Texas Pastor Council claimed, \u201cIt\u2019s really is
\na moral issue\u2026 It\u2019s a public decency issues, it\u2019s a public safety issue\u2026 It\u2019s
\nnot overtly religious at all. Unfortunately, it seems like the only significant
\nvoice left that has any framework of opposing such an ordinance has come from
\nthe church\u201d (Caballero, Christian Daily). Because of this anti-trans rhetoric,
\nthere have been cases in which a trans parent\u2019s child custody and visitation
\nrights are sometimes relinquished because their gender identity is presumed to
\nbe inherently unfit for a child\u2019s well-being in the eyes of conservative
\nChristianity (Cooper 9). Silenced by a secular society that pressures them to
\ntolerate trans people, conservative Christians seek to lobby policymakers with
\nan anti-trans rhetoric that appeals to national, American morality rather than
\nstrictly Christian principles regarding gender and sexuality. From this angle,
\nthe public discourse on laws that discriminate against the rights of trans
\npeople emerges from the way secular and religious conservatives perceive a
\ngrowing erosion of traditional values in American life, which, in turn,
\neffectually appeals to the way right-wing officials in the state perceive
\ntrans-inclusive policies as an attack on American liberty.<\/p>\n

Additionally,
\nTrump\u2019s administration has rolled back guidelines for protecting trans students
\nunder Title IX, so trans identities and non-binary gender expressions are not
\nconsistently recognized and protected in schools. In states like Maryland,
\nthere exists discriminations bans on the basis of gender identity, except for
\nreligious organizations, private clubs, and educational institutions (Kunkle,
\nThe Washington Post). Likewise, \u201cTexas lawmakers introduced a bill that would
\nallow conversion therapy practitioners to continue the so-called treatment
\nunder the guise of religious freedom, which helps trans people find either
\ndeliverance from their sinful desires in Christ or strength to resist those
\nurges by obedience to His will and not their own\u201d (Rodriguez, Business Insider).
\nChristian conservatives oppose trans-inclusive policies to defend
\nconstitutional rights, yet they appear to seek legal recognition of their
\nreligiously moral authority. In this public debate, David French claims that
\nemerging legal protection for trans people represents \u201cthe destruction of the
\ncivil rights of the faithful for the sake of the convenience of the radicals\u201d
\n(French, National Review). Complaining of a war on religion, religious
\nconservatives appear to seek exemptions from laws. In the wake of grappling
\nwith political power, Christian conservatives display a trend of implementing
\npolicies that utilize the coercion of law to promote their religious beliefs of
\ngenders identity, yet in the face of backlash they invoke their constitutional
\nright to religious freedom. However, the overarching inequality in this public
\ndebate over trans-inclusive policies remains unchanged: gender identity and
\nexpression are not protected on a federal level by the constitution whereas
\nreligion is. Therefore, trans people still face disenfranchisement on a federal
\nlevel.<\/p>\n

To a
\nsignificant extent, religiously conservative actors influence state policies
\nthat discriminate against the rights of trans people in the United States
\ntoday. The anti-trans rhetoric that fuels right-wing legislators\u2019 formation of
\npolicies stems from the struggle of conservative Christians to assert their
\nfreedom of religion in political power as well as conservative civil society\u2019s
\ngrapple with preserving traditional American values that explicitly discriminate
\nagainst trans people as valid and equal citizens and human beings. Undoubtedly,
\nthe absence of trans-inclusive policy on a federal level causes many trans
\npeople to feel that their identities are illegitimate, unequal, and unworthy of
\nrespect and dignity in the eyes of the law. Without effective and comprehensive
\nprotection in policies, anti-trans groups in civil society like religious and
\nsecular conservatives are able to successfully oppress and victimize trans
\npeople in private and public spaces alike, which marginalizes trans people to
\nthe point that their lives and holistic wellbeing are gravely endangered.
\nThrough this complex interaction between religion, civil society, and the
\nstate, trans people are denied the basic human dignity and right of having
\ntheir gender identity be recognized as uniquely immutable and deserving of
\nequal protection in state legislation.<\/p>\n

Bibliography<\/h2>\n
    \n
  • Bradner, Eric. \u201cHuckabee: I wish I could\u2019ve identities as female in high school gym.\u201d CNN.<\/em> 3 June 2015.<\/li>\n
  • Caballero, Lorraine. \u201cTexas Christians divided over transgender \u2018bathroom bill\u2019.\u201d Christian Daily. <\/em>8 August 2017.<\/li>\n
  • CBMW.ORG. \u201cThe Nashville Statement: A Coalition for Biblical Sexuality.\u201d August 2017. <https:\/\/cbmw.org\/nashville-statement\/><\/li>\n
  • Cooper, Leslie. \u201cProtecting the Rights of Transgender Parents and their Children: A Guide for Parents and Lawyers.\u201d American Civil Liberties Union<\/em>. March 2013.<\/li>\n
  • Dart, Tom. \u201cTransgender \u2018bathroom bill\u2019 leaves Texas Christians deeply divided.\u201d The Guardian.<\/em> 6 August 2017. <\/li>\n
  • French, David. \u201cTurning American Law Upside Down for the Transgendered.\u201d National Review.<\/em> 19 April 2016.<\/li>\n
  • Gerstenfeld, Phyllis. Hate Crimes: Causes, Controls, and Controversies.<\/em> Sage Publications: 2017.<\/li>\n
  • Green, Emma. \u201cWhen Doctors Refuse to Treat LGBT Patients.\u201d The Atlantic.<\/em> 19 April 2016.<\/li>\n
  • Greenberg, Julie. Transgender Rights.<\/em> University of Minnesota Press, 2006.<\/li>\n
  • Kunkle, Fredrick. \u201cMaryland Senate passes bill banning discrimination against transgender \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 people.\u201d The Washington Post<\/em>. 4 March 2014. <\/li>\n
  • Oakes, Anne. Controversies in Equal Protection Cases in America: Race, Gender and Sexual \u00a0\u00a0\u00a0\u00a0 Orientation.<\/em> Routledge, 2016. <\/li>\n
  • O\u2019Hara, Mary. \u201c\u2018Nonbinary\u2019 is now a legal gender, Oregon court rules.\u201d The Daily Dot. <\/em>10 June 2016. <\/li>\n
  • Rodriguez, Mathew. \u201cConservatives push to rebrand conversion therapy as \u2018Christian \u00a0\u00a0\u00a0\u00a0\u00a0 counseling\u2019.\u201d Business Insider.<\/em> 2 May 2017.<\/li>\n<\/ul>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

    The Rights of Transgender Americans: An Examination of the Conflict between Religion and the State Research question: How and to what extent do religiously conservative actors influence state policies that discriminate against the rights of transgender people in the United States today? In the United States, most trans people face discrimination in the workplace, courts, […]<\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5791],"tags":[9845,5294,9887,9867,9888,9889,9890,9886,9885],"class_list":["post-74947","post","type-post","status-publish","format-standard","hentry","category-religion","tag-1-dissertation-writing-service-in-uk","tag-bishops-writing-bureau","tag-cn","tag-create-a-paper-using-the-following-criteria","tag-homework-help-assignment-answers","tag-in-1050-word-essay","tag-in-a-4-to-6-page-essay","tag-in-a-page-paper-assignment","tag-write-an-essay-in-words"],"_links":{"self":[{"href":"https:\/\/www.colapapers.com\/us\/wp-json\/wp\/v2\/posts\/74947","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.colapapers.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.colapapers.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.colapapers.com\/us\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.colapapers.com\/us\/wp-json\/wp\/v2\/comments?post=74947"}],"version-history":[{"count":0,"href":"https:\/\/www.colapapers.com\/us\/wp-json\/wp\/v2\/posts\/74947\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.colapapers.com\/us\/wp-json\/wp\/v2\/media?parent=74947"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.colapapers.com\/us\/wp-json\/wp\/v2\/categories?post=74947"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.colapapers.com\/us\/wp-json\/wp\/v2\/tags?post=74947"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}