As an Illinois state senator more than a decade ago, I was honored to draft the 2013 law ensuring same-sex couples have the right to marry. Since the U.S. Supreme Court determined two years later those rights were enshrined in the U.S. Constitution, supporters of marriage equality could be forgiven for thinking our mission was accomplished.
Sadly, it's not. We are once again at the U.S. Supreme Court.
State lawmakers around the country since 2022 have filed more than 1,200 bills targeting LGBTQ+ people. These proposals, some of which have become law, have taken particular aim at transgender youth, banning their access to medical care, public bathrooms, accurate identity documents and athletic participation.
The Supreme Court has granted certiorari in a legal challenge brought by the U.S., Tennessee families and a medical provider to overturn a 2023 state law banning gender-affirming medical care for transgender youth. The U.S. Supreme Court has historically rejected discriminatory laws, and the future well-being of transgender youth will turn on the court following the facts, the Constitution and legal precedent to strike down these unconstitutional laws.
This issue is personal to me because my adult daughter is transgender. Fortunately, she lives in a state that, like Illinois, supports her right to be her true self — a person I am proud and delighted to report is far happier and more comfortable in her own skin than before her transition. Her experience demonstrates the data showing that, when supported to be themselves, transgender people suffer less depression and are less likely to attempt suicide than when they cannot live authentically.
I'm deeply concerned for transgender youth and their parents in the 25 states where these laws have passed or where similar bills have sizable political support. Families should be able to consult a trained doctor, gather medical advice and make a profoundly private family decision without fear of crossing a civil or criminal line instituted by the state government.
As a former politician, I recognize the tactic at play behind these laws: Dehumanize a vulnerable, misunderstood minority to bring out votes for your side. But beyond the stakes in today's hyper-partisan warfare, denying freedoms to any group sets a dangerous precedent that can lead to the erosion of rights for everyone. That is why defending LGBTQ+ people is critical — immediately in courthouses and over time in legislatures.
We must continue to advocate for transgender youth, their parents and doctors — who in some states face criminal liability themselves for treating their patients. Bans on gender-affirming care and other discriminatory laws are backed by billion-dollar campaigns to shift courts toward eliminating the separation of church and state, clearing the way for more anti-LGBTQ bias.
While the legal battles can head off immediate harm or at least limit the damage from these laws, the long policy game must also be played. Our campaign for marriage equality in Illinois took four years, during which I worked with my colleague in the House, then-Rep. Greg Harris of the 13th District, and gathered information and advice from Lambda Legal. From that base, we made our case, legislator by legislator.
The defense of transgender youth across the country will require a nationwide effort — case by case, judge by judge and statehouse by statehouse. Now is the time to make your voice heard, volunteer your time and give resources to protect transgender youth and families. I am confident we will succeed because once again we are on the right side of history.
Heather Steans served in the Illinois Senate from 2008 to 2021. She serves on the national board of directors of Lambda Legal, which represents plaintiffs suing many states that have banned gender-affirming care. Her family recently announced a $1.25 million gift to Lambda Legal's Nonbinary and Transgender Rights Project.
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