This is a scary time to be LGBTQ+ in America. Over 80 anti-LGBTQ+ laws have been passed this year alone, with almost 500 anti-LGBTQ+ bills being introduced in state legislatures. I, like many other queer people, am feeling the pressure and feeling particularly unwelcome in my own country for a choice that I did not make. I am a firm believer in our First Amendment right to freedom of expression, as well as our unalienable rights to life, liberty, and the pursuit of happiness, regardless of our gender expression or sexual orientation. These fundamental American rights are under attack for all LGBTQ+ people.
Let's Get Specific
The legislative attacks on LGBTQ+ people are coming in many different forms of legislation, from banning drag story hour to limiting healthcare for trans people. Today, we're focusing in on nickname laws. Nickname laws are rules for schools that prevent students from using a name (or pronouns) that doesn't match the information provided on their original birth certificate.
Nickname laws are designed to target trans kids who are just trying to make it through their school careers unscathed. These laws both out the kids to their parents and restrict their freedom of expression at school. It is hard enough being an LGBTQ+ kid, but it is even harder when you are forced out of the closet before you are ready.
Nickname laws may be designed to hurt trans kids, but they are not the only ones affected by them. These new rules require parents to sign off on any kid that wants to use a nickname at school, even if it matches their gender identity or it's the name they've been using since birth. For example, my brother's legal name is Paul, but he has always been called Boomer. If he was a student in Florida today, my mom or dad would have to fill out a permission slip to allow him to be called Boomer at school, despite the fact that he is called Boomer at home and at work. This places an unfair, extra burden on parents and students, no matter their gender identity.
Active Nickname Bills and Laws
I have read over one hundred state legislative bills today to try and break down for you which states have either passed or are working to pass nickname bills. This may not even be a comprehensive list. Here are some of the states currently working to limit trans students freedom of expression in schools.
Alaska - Senate Bill 96 and House Bill 105 (which are companion bills in the separate chambers, so have the same text) are advancing. If signed into law, this new policy would require written permission from a parent before the name or pronoun used by a public school to refer to or address a student is changed. Some districts, like the Matanuska-Susitna Borough School District, have already instituted district wide policies that require parents to provide permission for their children to be addressed by a name that does not conform to their biological sex (source).
Arizona - SB 1101, which was vetoed by the Governor in May but still has potential to override the veto, requires that school district employees may not use names or pronouns that are not on a student's birth certificate (with an exception for nicknames that are commonly associated with the student's first or middle name on record) without parental permission.
Arkansas - Under Act 542, students under 18 need parental permission to use a name that is not a nickname derivative from the name on their birth certificate.
Florida - HB 1069 prohibits school districts from enforcing that students or school district personnel be referred to by pronouns that do not match their biological sex. In addition, according to Rule 6A-1.0955 of the Florida Administrative Code, each school board must adopt a policy for educational records which must include provisions for parents to specify the use of any deviation from their child’s legal name in school. School districts are required to develop a form to obtain parental consent. As a result, many Florida school districts are sending home permission slips to get parents to sign off on nicknames for cisgender and transgender students alike.
Georgia - SB 88, a bill that is advancing in the Georgia state senate, requires parental permission to change a student's name and pronouns on their school record. It does not, however, set up provisions to require parental permission to refer to or address a student with name or pronouns not on their birth certificate.
Indiana - HB 1608, which has been passed into law, requires schools to notify parents in writing if students want to use a different name or pronoun. This has resulted in multiple schools in Indiana requesting parent permission via permission slips to approve all nicknames that students might use.
Iowa - House File 9, along with its successor HF 180, which are both advancing in the house, prohibits school districts from facilitating any accommodation that is intending to affirm a student's gender identity (if their gender identity is different than the gender on their birth certificate) without written parental permission. Senate Study Bill 1145, along with its successor Senate File 496, both advancing in the senate, require that a school district must receive prior written consent from parents to use a nickname or pronoun for a student that does not correspond to the biological sex on their birth certificate.
Kansas - SB 207, which has been referred to committee, requires written parental permission to refer to a student with pronouns that do not match the biological sex on their birth certificate.
Maine - I have been following Legislative Document 678 since March of this year. The bill prohibits public school employees from referring to students with names or pronouns that do not match information on the student's birth certificate without written parental consent. In June, this bill was voted Ought Not to Pass by the Maine House and Senate Judiciary Committees, and was placed dead in the legislative files. If you would like to read the letter I wrote to my state reps about this and another anti-trans bill in March, you can see it here.
Montana - SB 518, which has been passed into law, requires school districts to develop a procedure by which parents must provide written consent before a student can use a pronoun that does not correspond to their biological sex. Even if a parent provides written permission, a person may still not be compelled to use the correct pronouns for that student.
North Carolina - SB 49 was vetoed by the governor but the veto has since been overridden. This new law requires schools to notify parents prior to changes in the name or pronoun used for a student in school records or by school personnel. This will not only out trans kids to their parents, but will also potentially create a lot of hassle for kids who wish to go by nicknames.
Ohio - According to HB 8, which is advancing, schools must notify parents of any request by a student to identify as a gender that does not align with their biological sex.
Oklahoma - SB 30, a bill that is advancing, prohibits school employees and volunteers from referring to a student with a name or pronoun that is not on the student's original birth certificate without written permission from their parents. Exceptions are made for using the shortened version of a name or a middle name.
Tennessee - SB 620 and its companion bill HB 1414 requires that each school district must adopt a policy by which a parent must provide written consent before their child uses a name or nickname other than their legal name, or uses pronouns that do not align with their sex. Even with written permission, a person cannot be compelled to use the child's preferred pronouns. These bills are advancing in both the Tennessee house and senate.
Utah - SB 100, which was signed into law, prohibits schools from changing a student's gender marker on their school record without written permission from their parents.
Wisconsin - Although there is not a state wide nickname law in Wisconsin, the Arrowhead School Board voted in favor of a rule last September mandating that staff cannot refer to or address students with names or pronouns that do not correspond to their biological sex during school hours without written consent from a parent (source).
While this list is lengthy, it is not nearly a comprehensive summary of the threats facing LGBTQ+ students today. This doesn't even begin to cover all of the proposed bills and enacted laws that require teachers to out students to their parents, prohibit all discussions of gender and sexuality, ban books written by or featuring LGBTQ+ people as obscene, prevent students from using the bathroom/locker room of the gender they identify with, or block trans women from participating in women's sports. You can visit the ACLU's map of legislative attacks on LGBTQ+ rights for a full view of the threat we are up against.
So, what can we do?
The scope of the threat against LGBTQ+ rights in America is enormous, but that doesn't mean we are powerless against it. Here are some action steps you can take to help:
Make an effort to use people's preferred names and pronouns: When someone shares their name or pronouns with you, respect them and make a conscious effort to use them. They are sharing with you their identity, and how they prefer to be seen, so make sure you work that identity into your language. It's ok if you make mistakes sometimes - we are all human and we make mistakes - but good faith, active effort goes a long way.
Keep LGBTQ+ people's secrets: Just because someone is out to you does not mean they are out to the world. Let LGBTQ+ people dictate the terms of their own coming out. Just because you think it's common knowledge doesn't mean that it is. These actions don't always come from a place of malicious intent: many people believe the "out and proud" narrative that requires LGBTQ+ people to be fully out of the closet to be proud of their identities. This disregards the safety and autonomy of a lot of LGBTQ+ people who would lose jobs, families, and support if they were to fully come out.
Contact your state representatives: The legal battles for LGBTQ+ rights are being fought in state legislatures. Write to your state representatives and tell them that you support LGBTQ+ people. It helps if you can reference specific bills that oppose LGBTQ+ rights. If your state is listed above, you can use the bills from the list to talk about the absolute absurdity of nickname laws. If your state is not listed above, check out the ACLU's map of legislative attacks on LGBTQ+ people to see what is going on in your state, and contact your reps accordingly. Fun tip: if your legislator uses a nickname, incorporating that into your letter can help get their attention and point out absurdity of the nickname laws.
This is a scary time for LGBTQ+ people, but we cannot afford to become paralyzed by fear. Instead we must stand up for ourselves, our friends, and our community. We cannot let it become illegal to be who we are. I have Pride in myself, Pride in my identity, and Pride in all of you!
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