SAFEGUARDING TRANS RIGHTS THROUGH A STORM OF ANTI-TRANS LEGISLATION

duda • October 7, 2022

SAFEGUARDING TRANS RIGHTS THROUGH A STORM OF ANTI-TRANS LEGISLATION

Be aware of what's happening so we can prevent it in our State!

The current legal landscape of pro- and anti-trans legislation in the United States is deeply troubling. Since the beginning of 2023, the American Civil Liberties Union (ACLU) has cataloged nearly 500 anti-LGBTQ+ bills introduced in state legislatures. While 153 of these bills have been defeated, 62 have become laws, and 272 are continuing to advance, at the time of this writing. Many of these bills specifically target trans people by restricting access to gender-affirming care, bathrooms, and school sports as well as by prohibiting classroom discussions about sexual orientation and gender identity and by prohibiting teachers from using students’ chosen names and pronouns without parental permission. We think it is especially troubling that even though most Americans do not support these kinds of bills, support for anti-trans legislation is growing, according to a recent PBS poll. We are also disturbed by how gerrymandering and discriminatory voting restrictions enable legislators to continually introduce anti-LGBTQ+ bills without fear that such action will hinder their electoral prospects.



It is extremely frightening for our community to have legislation that is attacking our basic existence. In early April, for instance, Idaho Governor Brad Little signed into law a bill that makes providing gender-affirming care to children a felony punishable by up to 10 years in prison. A similar bill which was recently signed into law in Indiana requires that physicians stop providing gender-affirming care to children who had previously been receiving it on January 1, 2024, or face civil penalties. Meanwhile, in Arkansas, a new law prohibits transgender students in pre-K through 12th grade from using a bathroom consistent with their gender identity and another new law prohibits teachers from using a transgender student’s preferred name and pronouns without the written permission of the student’s parents. Ironically, the stated purpose of this second law is to protect teachers from compelled speech.


The high volume and wide variety of anti-trans bills should be alarming to all because we will see those same bills copied-and-pasted, across the U.S. If it works in one state, then proponents will bring it to other states. This year, the Kansas state legislature overrode their governor’s veto to enact a law requiring schools to designate interscholastic and intramural sports teams as being for male students, female students, or a coed team and prohibiting students whom the law defines as “male” from playing on a women’s or girls’ team. A few days later, North Dakota passed a law that is indistinguishable from the one adopted in Kansas. Neither law seemingly prohibits students whom the law defines as “female” from playing on a male sports team. Even progressive states such as Maryland are not immune:


during this year’s legislative session, an anti-trans bill titled “The Save Women’s Sports Act” was introduced in the House of Delegates, only to fail after an unfavorable committee report. It used the same language as the bills adopted in North Dakota and Kansas.


This onslaught of anti-trans legislation can bring on feelings of ennui or weltschmerz, the feeling that reality will never reach an individual’s expectations of the life they want and deserve. Thus, we would be remiss not to highlight the passing of some protective measures and the defeat of several discriminatory measures. States such as New York, Illinois, California, Colorado, Oregon, and our home state of Maryland have passed legislation to ensure the protection of LGBTQ+ people. These laws include non-discrimination provisions that protect sexual orientation and gender identity, inclusive school policies, and make gender-affirming healthcare more accessible for transgender people. The biggest win of Maryland’s recent legislative session was the passing of the Trans Health Equity Act without amendment; starting January 1st, 2024, the Maryland Medical Assistance Program will provide gender-affirming treatment in a non-discriminatory manner, giving trans-Marylanders access to life-saving medical care. In March, a Transgender Bill of Rights was introduced in Congress as well, and although it is unlikely to pass in the current Congress, its introduction shows that the trans community does have allies in the federal government. Additionally, while the U.S. House of Representatives recently passed a bill that would prohibit transgender girls and women from playing on girls’ and women’s sports teams at schools that receive federal funding, the bill is almost certain to fail in the Senate. According to the Associated Press, President Biden has also promised to veto the bill should it reach his desk, and opponents of the trans community lack the supermajority needed to override a presidential veto. Finally, the Associated Press has also reported that laws banning gender-affirming care have been successfully challenged in court in Alabama and Arkansas.


We appreciate that there have been steps taken to protect the trans community in Maryland and other progressive states. Ultimately, a significant amount of work remains to be done at both the local and national levels. For people who live in progressive states such as Maryland, directly supporting transgender people in states where anti-trans legislation is being passed may be difficult because legislators in states such as Idaho and Arkansas do not need to be concerned about the opinions of Marylanders. However, for those who want to do more than just say “I support trans people,” getting involved in local and national politics can be invaluable. Supporting federal, state, and local lawmakers who are vocal about their support for the transgender community is extremely helpful, as is letting your representatives and senators know that you support legislation like the Transgender Bill of Rights and oppose any anti-trans legislation. We are dealing with a patchwork system of discrimination implemented on a state-by-state basis. Therefore, well-crafted national policies that foreclose the possibility of states banning gender-affirming care or prohibiting discussions of sexual orientation and gender identity in schools are sorely needed. While the advice of voting and calling one’s representative may seem cliché, it is truly essential given the circumstances. Advocacy groups like FreeState Justice have policy trackers and legislative scorecards on their websites to assist individuals in following pro- and anti-LGBTQ+ legislation and rank sitting legislators or candidates for legislative office on their voting record concerning LGBTQ+ policy.


Notably, some states are becoming safe havens for trans people, and supporting these safe haven policies can be incredibly helpful. Several states, including Maryland, are asking their governors to sign executive orders protecting individuals seeking gender-affirming care similar to orders signed in New Jersey and Minnesota. These orders can establish state coordination to protect gender-affirming care for individuals seeking and entities providing that care. No extradition clauses and sections that prohibit officials from assisting in or using any state time or resources to assist in any investigation of an individual seeking gender-affirming care are important clauses in these executive orders. National Public Radio, BuzzFeed News, and Politico have all reported on families that have chosen to leave their home states to protect trans family members. For these people, progressive states such as Maryland are appealing destinations, and getting involved in local politics can help to ensure that trans people who choose to leave oppressive states can find more welcoming places to settle. Overall, the important thing is to keep progressive states progressive.


At the individual level, the ACLU encourages people to “know the terminology, recognize the humanity, and know the issues” to support transgender people. Additionally, supporting national organizations that are working on the ground to support trans individuals and other vulnerable populations such as LGBTQ+ youth is invaluable. GLAAD maintains a directory of great organizations working tirelessly doing this work. Engaging with friends and family who live in states passing anti-trans legislation and encouraging them to oppose this legislation may also be of use. Individuals should also take steps to make sure that their workplace is an affirming and welcoming environment for transgender people. The National Center for Transgender Equality (NCTE) reports that about 50% of trans people have been harassed at work, 50% reported hiding their gender identity at work, and 30% reported being fired or experiencing discrimination. If the individual is a person of color, we see these percentages increase, revealing how intersectionality, where a person’s various social and political identities combine, increases rates of discrimination. Implementing anti-bias training, programs, and policies can help reduce this by keeping members of an organization informed about inclusive practices and by providing fast and fair methods of addressing incidents of hate or bias.


For professionals, supporting transgender people as a professional may look very similar to supporting trans people in general, and the NCTE has an excellent guide on this. Many professional organizations, including the American Bar Association, the American Academy of Pediatrics, and the National Education Association have become vocal supporters of the LGBTQ+ community. These organizations can be powerful lobbying groups and offer opportunities for their members to help effect positive change at both the national and local levels. When possible, professionals should try to leverage their connections and organizational affiliations to get more people and groups working to support trans people in the ways described by the NCTE. Most importantly, be an ally and speak up when something is not right or you witness harmful behavior or hate speech. There are so many ways to get involved, and it really does matter. Every single person who makes one phone call, writes one letter, testifies on one bill, marches in one parade, donates to one cause, or volunteers at one outreach event makes an impact, and we need everybody working together to stand up against the injustice that we are facing.


Lauren Pruitt is the Legal Director at FreeState Justice and a graduate of Howard University and Georgetown Law School. After working more than ten years in corporate law, she has dedicated the last five years to civil rights specifically focusing on ensuring LGBTQ+ Marylanders receive fair treatment in the law and our society.


Oliver Santos is a rising senior at the University of Maryland, Baltimore County studying political science, English, and mathematics. He is also an editor for the UMBC Review and was a spring legal intern for FreeState Justice. After graduating he intends to pursue further study in law or political science.

FreeState Justice Receives Largest Grant in Organizational History from Meyer Foundation’s Black Abundance Collective

By Phillip Westry • February 25, 2026
FreeState Justice is proud to announce that it has been awarded a Black Abundance Collective Grant from the Meyer Foundation — the largest single grant in the organization’s history. This investment was bestowed in recognition of FreeState Justice’s trailblazing advocacy providing pro bono legal services for LGBTQ+ Marylanders. With over a decade of history fighting for marginalized populations, this grant marks a pivotal step in our fight to advance the liberation of Black LGBTQ+ people everywhere. “Black queer people have always shaped the direction of the LGBTQ+ movement,” said Phillip Westry, Esq., Executive Director of FreeState Justice. “This moment is about ensuring that our leadership is matched with sustained investment, institutional power, and structural change.” Black LGBTQ+ Marylanders navigate intersecting systems of racial inequity, economic marginalization, and anti-LGBTQ+ discrimination — and even within advocacy spaces, their leadership and lived experience are not consistently centered in policy strategy, funding priorities, or institutional decision-making. In Maryland, a state often viewed as progressive on LGBTQ+ issues, these disparities in power and representation remain very visible. This grant is an investment in shifting that power. Under the leadership of Westry, Legal Director Lauren Pruitt, Esq., and Community Impact Director Ronnie L. Taylor, FreeState Justice will utilize these funds to: Expand affirming legal services that prioritize Black LGBTQ+ Marylanders Advance policy solutions that address race, gender identity, sexual orientation, and economic justice together Build leadership pathways for Black LGBTQ+ advocates statewide Strengthen the long-term infrastructure of Black-led movement institutions “This historic grant is not just a funding milestone for FreeState—it is a powerful affirmation of our commitment to uplifting Black LGBTQ+ communities in our legal advocacy,” said Pruitt. “We are grateful for this investment and energized to use it to confront inequity, break down barriers to justice, and help build a future in which every Black LGBTQ+ Marylander can thrive. The award reflects years of disciplined strategic planning, governance strengthening, and statewide expansion. It positions this organization to move beyond reactive advocacy and toward proactive, community-rooted systems of transformation. FreeState Justice is grateful to the Meyer Foundation for recognizing that investing in Black abundance strengthens the entire movement for LGBTQ+ equity in Maryland. “This is not symbolic funding. It is a structural investment,” said Taylor. “Black queer people in Maryland have carried movements on our backs while being locked out of power and long-term resources. This grant enables us to build the infrastructure our communities deserve. It allows us to lead without apology and without scarcity shaping our vision. Black abundance is not just a slogan — it is a mandate to shift who holds power, who sets priorities, and who benefits from the work. At FreeState Justice, we are ready to meet that mandate." Black LGBTQ+ voices will not simply be included — they will define the agenda.

Honoring Eating Disorder Awareness Week

By Traé McWhite ||| • February 23, 2026
Eating disorders affect people of all genders, identities, and bodies — but access to affirming care is not equal. This week is deeply important to me personally and professionally. I’ve lived with an eating disorder since 2009 and at one point was hospitalized for 6.5 months during my treatment journey — an experience that changed how I understand trauma, healing, and access to care. I know firsthand how isolating it can feel, especially when systems aren’t built for queer, trans, BIPOC, or otherwise marginalized bodies. I also know that recovery is possible, and that visibility saves lives. I know how terrifying and lonely this experience can be, but I also know healing is possible. Research shows that LGBTQ+ individuals experience significantly higher rates of eating disorders than their heterosexual and cisgender peers. For example, lesbian, gay, and bisexual people are more than twice as likely to develop disordered eating, and transgender people are nearly 11 times more likely than cisgender peers to have an eating disorder. These disparities stem from minority stress, discrimination, and repeated invalidation — not identity itself. ( uwa.edu.au ) Weight stigma — including bias against larger bodies — and rigid diagnostic criteria like BMI cutoffs continue to bar people from treatment, even when they are struggling with life‑threatening symptoms. Financial barriers, lack of insurance coverage, and a shortage of inclusive providers only make this worse for people with marginalized identities. ( Project HEAL ) At FreeState Justice, our mission is grounded in dignity, equity, and access. Eating Disorders Awareness Week is a call to break stigma, challenge bias, and ensure that everyone, in every body and from every community, has access to affirming, life‑saving care. You are not alone — and seeking help is strength. 

Announcing the 2026 Policy Tracker

By Ronnie L. Taylor • February 13, 2026
Tracking Power, Policy, and Accountability 

FreeState Justice Supports Federal Appeals Court Upholding Montgomery County Policy Protecting Transgender Students

By Joel Medina • February 3, 2026
FreeState Justice commends last week’s ruling by the U.S. Court of Appeals for the Fourth Circuit affirming that Montgomery County Public Schools (MCPS) may require staff to respect transgender students’ pronouns and protect student privacy. The decision upholds long-standing principles that schools have both the authority and the responsibility to provide safe, inclusive learning environments for all students, including transgender and nonbinary youth. In a 2–1 decision issued on January 28th, the Fourth Circuit upheld a lower court’s denial of a request by a substitute teacher seeking an exemption from MCPS guidelines that require staff to use students’ affirmed names and pronouns and prohibit disclosure of a student’s transgender status without consent. The court found that the district’s policy applies equally to all educators and is not motivated by religious hostility or discrimination. “This ruling affirms what LGBTQ+ students and their families have always known: respect is not optional, and student safety must come first,” said Phillip Westry, Executive Director at FreeState Justice. “Transgender students deserve to be recognized for who they are at school—without fear that their identity will be questioned, disclosed, or debated.” The court’s decision means the plaintiff will not be permitted to teach in MCPS schools without complying with district policy. This case marks the second time in recent years that the Fourth Circuit has addressed MCPS policies impacting LGBTQ+ students. While the Supreme Court reversed a separate 2024 decision involving parental opt-outs from LGBTQ+-inclusive classroom materials, last week’s ruling makes clear that schools may continue to require staff to respect transgender students’ identities and safeguard their privacy. FreeState Justice remains committed to advocating for policies that protect the dignity, safety, and rights of LGBTQ+ Marylanders—especially young people—so they can live and learn free from discrimination.

Expanded PrEP access among FreeState Justice’s 2026 legislative priorities

By Joel Medina • January 29, 2026
As Featured In the Washington Blade, written by Sam Epner FreeState Justice this week spoke with the Washington Blade about their priorities during this year’s legislative session in Annapolis that began on Jan. 14. Ronnie L. Taylor, the group’s community director, on Wednesday said the organization continues to fight against discrimination against people with HIV/AIDS. FreeState Justice is specifically championing a bill in the General Assembly that would expand access to PrEP in Maryland. Taylor said FreeState Justice is working with state Del. Ashanti Martinez (D-Prince George’s County) and state Sen. Clarence Lam (D-Arundel and Howard Counties) on a bill that would expand the “scope of practice for pharmacists in Maryland to distribute PrEP.” The measure does not have a title or a number, but FreeState Justice expects it will have both in the coming weeks. FreeState Justice has long been involved in the fight to end the criminalization of HIV in the state. Governor Wes Moore last year signed House Bill 39, which decriminalized HIV in Maryland. The bill — the Carlton R. Smith Jr. HIV Modernization Act — is named after Carlton Smith, a long-time LGBTQ activist known as the “mayor” of Baltimore’s Mount Vernon neighborhood who died in 2024. FreeState Justice said Marylanders prosecuted under Maryland Health-General Code § 18-601.1 have already seen their convictions expunged. Taylor said FreeState Justice will continue to “oppose anti anti-LGBTQ legislation” in the General Assembly. Their website later this week will publish a bill tracker. The General Assembly’s legislative session is expected to end on April 13.

FreeState Justice Releases Its 2025 Annual Report

By Joel Medina • November 26, 2025
FreeState Justice is proud to announce the release of our 2025 Annual Report, a comprehensive reflection on a year marked by growth, determination, and a deep commitment to Maryland’s LGBTQ+ communities. This year’s report highlights new records across our pro bono legal services and resource navigation programs, as well as major legislative victories that strengthen protections and expand opportunities for LGBTQ+ Marylanders. At a time when discrimination continues to rise in Maryland and nationwide, we are proud of what our team achieved in the face of these challenges. From serving more Marylanders than ever through our pro bono and resource navigation programs to passing multiple monumental pieces of legislation that support LGBTQ+ communities, 2025 has set many new records in our fight for justice. It also underscores an important truth: none of this work would be possible without you! It's your ongoing support that allows us to provide these life-saving services to so many Marylanders in need. This report is both a celebration of what we accomplished and an appreciation for supporters like you — we’re grateful to have you in our corner as we plan to do even more in the ongoing fight for justice in 2026! You can read the full annual report here .

FreeState Justice and BLAQ Equity Baltimore Announce Strategic Partnership

By Joel Medina • October 20, 2025
FreeState Justice and BLAQ Equity Baltimore (two of Maryland’s leading LGBTQ+ advocacy organizations) are proud to announce a formal partnership designed to deepen community engagement and amplify support for Black, trans, and gender-expansive Marylanders. BLAQ Equity Baltimore is a community-driven force for Black LGBTQIA+/SGL (Blaq) Marylanders. For more than two decades, it has worked tirelessly to showcase and preserve the cultural pride of Blaq communities, integrating principles of self-determination and transformative justice into the daily lives of everyone they interact with. Similarly, FreeState Justice has worked for many years as Maryland’s only statewide LGBTQ+ legal advocacy organization, bringing life-saving resources to those who need them most. Through pro bono legal services, community programming, and legislative advocacy, it fights daily to make Maryland a state where everyone can thrive. Together, the organizations are joining forces to build a more inclusive and equitable Maryland for all. “This partnership is about building power from the inside out,” said Phillip Westry, Esq., Executive Director of FreeState Justice. “BLAQ Equity Baltimore’s work is rooted in the same values that guide ours — dignity, self-determination, and a refusal to leave anyone behind. By joining forces, we’re investing in the collective liberation of every Blaq individual in Maryland.” This partnership includes a shared workspace, cross-organizational programming, and aligned advocacy initiatives, creating a unique model of collaboration that honors both organizations’ missions and strengths. With BLAQ Equity Baltimore now operating from FreeState Justice’s office, these organizations will be able to provide comprehensive support to any client in need. “This partnership will help meaningfully and intentionally bridge the gap between FreeState Justice and Black LGBTQIA+/SGL communities in Baltimore who may not always be aware of the legal and advocacy resources available to them,” said Christopher Henderson-West, Co-Executive Director of BLAQ Equity Baltimore . “It’s an important step in building awareness, establishing sustainable access, and providing direct support where it’s needed most. A beneficial and advantageous collaboration that has the potential to advance equity and inclusion not only citywide, but statewide." As two organizations committed to disrupting systems of harm and building infrastructure for healing and growth, this partnership represents a new chapter in Maryland-based LGBTQ+ advocacy. With each collaboration, FreeState Justice and BLAQ Equity Baltimore will center Black, trans, and gender-expansive freedom, steadily working towards cementing Baltimore — and Maryland as a whole — as a national model for inclusion. You can learn more about FreeState Justice here and BLAQ Equity Baltimore here .

Announcing the 2025 Policy Report!

By Joel Medina • October 15, 2025
FreeState Justice has launched our 2025 FSJ Policy Report!

The Carlton R. Smith Jr. HIV Modernization Act Takes Effect in Maryland

By Joel Medina • October 3, 2025
This week, the Carlton R. Smith Jr. HIV Modernization Act (SB0356) takes effect in Maryland, a historic piece of legislation that repeals decades-old laws that criminalize people living with HIV. This marks a significant victory not only for every Marylander, but for FreeState Justice (Maryland’s leading LGBTQ+ legal services organization) and the broader coalition of advocates who have fought for years to pass this law. Behind this win lies countless hours of relentless advocacy from FreeState Justice, the Maryland HIV Coalition, and more than a dozen local and national partners. After coming close to passage in 2024 but ultimately failing, advocates launched a renewed campaign to carry this bill across the finish line and get it passed on May 20, 2025. FreeState Justice is honored to have played a key role in these advocacy efforts, raising awareness about the benefits of this legislation and implementing numerous community outreach efforts to support its passage. “The passage of this act is a long-overdue step toward justice for people living with HIV in Maryland,” said Phillip Westry, Esq., Executive Director of FreeState Justice . “For too long, outdated laws have targeted and punished people simply because of their HIV status — this legislation corrects that harmful mistake. We’re proud to have helped lead the coalition behind its passage and are honored to uplift the legacy of Carlton R. Smith Jr., whose life’s work made this moment possible.” FreeState Justice would like to extend its deepest gratitude to the partner organizations and legislative champions who helped pass this bill: Chair of the LGBTQ+ Caucus Delegate Kris Fair, Chair of the Judicial Proceedings Committee Senator William C. Smith, and Senator Emeritus Shirley Nathan Pulliam. And, of course, the trailblazer who made this piece of legislation possible: Carlton R. Smith Jr., and his family for so graciously lending his name to this legislation. Carlton R. Smith Jr. is a beloved Black LGBTQ+ and HIV/AIDS activist, affectionately known as “The Duchess” by the many people who knew and loved him. Diagnosed with HIV in 1986 at 21 years old, Carlton turned his diagnosis into decades of advocacy for the dignity of people living with HIV. He co-founded Blaq Equity Baltimore, launched Baltimore BLAQ Pride, and spent his life pushing for policy change rooted in racial justice and LGBTQ+ pride. Carlton passed away in May 2024, and his legacy lives on in every person protected by this law. The passing of the Carlton R. Smith Jr. HIV Modernization Act will be felt most by Maryland’s LGBTQ+ communities—particularly Black and trans Marylanders—who have for too long been over-policed and imprisoned by this state’s outdated laws. By decriminalizing people living with HIV, the law removes a dangerous barrier to care and safety, reducing stigma and making it easier for people to seek related services without fear of prosecution. Not only that, but it also serves as a roadmap for activists across the country to enact similar changes in their own communities. It is truly a monumental piece of legislation, and FreeState Justice is honored to celebrate its taking effect. “The Carlton R. Smith Jr. HIV Modernization Act is proof that policy can evolve to match science, justice, and the lived realities of our communities,” said Ronnie L. Taylor, Community Impact Director at FreeState Justice. “For decades, Maryland’s HIV criminalization laws fueled stigma and fear rather than safety and care. I know how these laws have disproportionately harmed Black and LGBTQ+ Marylanders, pushing too many of us to the margins. This victory honors Carlton’s legacy and shows that when we center dignity and public health, we can rewrite laws that once wrote us out. With this passage, Maryland says clearly: our lives are not crimes.” If you or someone you know has questions about how the Carlton R. Smith Jr. HIV Modernization Act impacts them, please reach out to the FreeState Justice’s legal team here .

FreeState Justice Launches 2025–2028 Strategic Plan to Advance Equity and Justice for LGBTQ+ Marylanders

By Joel Medina • August 14, 2025
FreeState Justice is proud to announce the launch of its 2025–2028 Strategic Plan , a responsive roadmap to guide the organization’s growth and mission of advancing equity for LGBTQ+ individuals across Maryland. The plan officially went into effect on July 1, 2025, following an extensive community-centered planning process. This launch comes at a time of escalating political attacks on LGBTQ+ rights - particularly those targeting trans people - and ongoing cuts to federal funding for vital services. Even in the face of these challenges , FreeState Justice is planning for a future rooted in resilience, with a clear commitment to continuing and strengthening our work for Maryland’s LGBTQ+ communities. “At a time of increasing threats to LGBTQ+ rights, FreeState Justice is responding with clarity and resolve,” said Phillip Westry, Esq., Executive Director of FreeState Justice. “This strategic plan reflects the voices, needs, and hopes of our community—and charts a course for lasting impact.” The development of the plan included community listening sessions, stakeholder interviews, and feedback from clients, resulting in a focused set of strategic priorities: Expand legal services to reach more Marylanders in need Grow outreach efforts to strengthen community engagement Strengthen internal operations for long-term sustainability Advance policy change that creates systemic impact Over the next three years, FreeState Justice will continue its work around policy advocacy, resource navigation, and expanding its pro bono legal services network to reach communities most impacted by injustice in Maryland. These include transgender people, LGBTQ+ youth, older adults, people living with HIV, and any individuals facing marginalization based on their identity. “This plan is not just a document, it’s a call to action,” said FreeState Justice’s Board President, Andrew Adelman, Esq. “We are committed to ensuring that LGBTQ+ people across Maryland can live safely, openly, and with access to the resources and protections they deserve.” You can read the full Strategic Plan here .