Know Your Rights: Transgender and Nonbinary People

Trans youth deserve the same chance to thrive as their peers. We have recently seen ongoing attacks on restricting healthcare for women and trans people, including transgender youth. Gender-affirming care is a critical part of helping transgender adolescents succeed in school, establish healthy relationships with their friends and family, and live authentically as themselves.

In North Carolina, minors are prohibited by law from accessing gender affirming care. This includes puberty blockers, hormone replacement therapy, or any gender-affirming surgical procedures.

What if my child is already undergoing gender-affirming care?

If a child is already undergoing treatment, they are allowed to continue that treatment, as long as a) they started the “course of treatment” before August 1st, 2023, b) the medical professional believes it is in the best interest of the child to continue the course of treatment, and c) child’s parent or guardian consents to the continuation of treatment.

Are transgender and nonbinary children allowed to pursue gender-affirming healthcare outside of NC?

Yes, transgender and nonbinary youth can travel outside of NC to access their gender-affirming care. There is nothing in the current law that bans this.

Does gender-affirming care include gender-affirming mental healthcare?

No, the current law does NOT ban mental healthcare. Transgender and nonbinary youth are still able to access therapy.

Are doctors allowed to turn transgender and nonbinary children away, even if they are not searching specifically for gender-affirming care?

Doctors are not allowed to turn transgender and nonbinary children away simply for being transgender.

North Carolina’s “Parents’ Bill of Rights” purports to increase transparency in public schools and allow parents to be more involved in their child’s education and experiences in the classroom. What it really does is censor curriculum about LGBTQ+ people and issues, take autonomy away from teachers, forcibly out youth without their consent, and endangers students who cannot safely be themselves at home.

This Law:

• Prohibits instruction on gender identity, sexual activity, or sexuality in kindergarten through 4th grade
• Requires schools to create a process for parents to inspect and review all materials that will be used in the classroom, as well as their child’s library records
• Requires school personnel notify parents when students wish to go by names or pronouns that do not match official school records (aka the “forced outing” provision of the new law)

Can a transgender or nonbinary child be punished or treated differently in school because of their gender identity? Can they be suspended?

No, a transgender or nonbinary child cannot be punished or treated differently in school because of their gender identity. While this law impacts access to and instruction around LGBTQ+ identities, it does not allow educational institutions to retaliate against transgender or nonbinary students based on their identity.

Is a child allowed to bring LGBTQ+ related materials to class? If they do, can teachers/school personnel confiscate these?

Yes, your child is allowed to bring LGBTQ+ related materials to class. Teachers and school personnel are not allowed to confiscate these materials because they are LGBTQ+ related, but these materials are subject to whatever general school rules exist regarding bringing outside materials to class and their appropriateness.

Is a child allowed to discuss their identity with classmates without repercussions?

Yes, a child is still allowed to discuss their identity with classmates without repercussions.

What can a parent or student do if the administration of the school is treating an LGBTQ+ student differently?

School districts should take seriously all complaints of discrimination, harassment, and bullying. Your child’s school district should have a discrimination, harassment, and bullying policy, which can usually be found on the website or in the school board policies, that outlines the steps to take if your child is experiencing bullying or discrimination in school. That policy should outline who in the chain of command you can report this behavior to if it is coming from a school employee. Legal Aid of NC’s Right to Education Project also has several helpful resources about school bullying and discrimination: https://legalaidnc.org/topic/education/education-1/bullying/.

The NC Voter ID law is effective throughout the state of North Carolina. This law requires that voters have a photo ID to prove they are who they say they are when voting on Election Day. Voting in North Carolina under this law as a transgender or nonbinary person might seem like a stressful situation, but you have rights. Your vote, your voice, and YOU matter! You deserve to have a say in who is going to be elected and making decisions that affect you and your loved ones. What you think and what you feel is important, and voting is one of the best ways to ensure you have the opportunity to be heard.

Does the name on my ID have to match the name on my voter registration?

Yes, the name on your ID has to match the name on your voter registration. If this is not the case, you will need to go through the process of updating your name so that it matches on both documents before you are able to vote. 

Is it possible for me to update my name on my voter registration to match my ID? 

Yes, it is, but there are certain timeframes during which you can do this. Changes to your voter registration will be due prior to the election, so be sure to pay attention to these deadlines. 

However, if you miss these deadlines, you can change your name on your voter registration if you vote in-person during the early voting period, but you CANNOT update your name on your voter registration if you're voting on election day. 

If you want to update your name by mail, please note that you cannot make a name change by mail during the early voting period. If you are updating your name by mail outside of the early voting period, you will not be asked to present ID or proof of name change, but you will still need to show an ID that has the same legal name as your voter registration when you vote.

When you change your name on your voter registration by mail, be sure that you include your current mailing address because a confirmation will be sent via mail. While an email address and phone number are not required, we suggest that you include them -- that way it will be easier for the board of elections to reach you if there are any issues with your registration. 

Does the gender marker on my voter registration have to match my ID? 

No, your gender marker on your voter registration and ID do not have to match. 

Can they turn me away for not looking like my ID? 

The picture on your ID must “reasonably resemble” your appearance when you vote. Poll workers are supposed to understand that appearances change, and while an individual poll worker can question your ID, they cannot singularly turn you away based on your appearance. Instead, the judges of election at the polling place must all agree that the photo doesn’t have a reasonable resemblance to your physical appearance to prevent you from voting a normal ballot. If this happens, don’t despair! You are still able to vote via a provisional ballot. 

What do I do if I have to vote via a provisional ballot because I was turned away by the poll workers?

When given a provisional ballot, make sure that you ask the poll worker who provides it to you what the next steps are. Call or text 888-687-8683 to confirm that what they told is accurate. 

Is there a way to vote that won't require my ID? 

While there are a few different methods of voting in elections in North Carolina, each method does require some form of ID. Decide which voting method is right for you and your situation. 

Method #1: Absentee Voting. This is done through mail, and it will require a photo copy of your ID

Method #2: Early Voting. This is done in-person, and you will be required to show your ID.

Method #3: Election Day Voting. This is done in-person, and you will be required to show your ID. 

What do I do if I don't have an approved photo ID? 

If you don’t already have a form of approved ID like a driver’s license, you can get a Voter ID for free from your county board of elections or a non-driver State ID from the DMV (Note: you must already be registered to vote to get an ID from your county board of elections). 

I'm overwhelmed. How do I make a plan for voting day? 

Voting can seem overwhelming, but preparing and planning ahead can ease some of that stress.

Step 1: Make sure your name matches on your ID and voter registration. If it doesn't, you will need to go through the process of updating it, so give yourself extra time to complete this. 

Step 2: Confirm that you have an approved photo identification that will be accepting at the polls. If you don't, you will need to go through the steps to get one before being able to vote, so give yourself extra time to complete this. 

Step 3: Decide on your method of voting. Whether by absentee ballot, early voting, or election day voting, it's important to know where to be, when to get there, and what you will need to bring with you. 

Step 4: Make a plan with people you trust to go to the polls together. There is power and safety in numbers!

What should I do if something goes wrong? 

If you run into barriers while voting call OR text the National Election Protection Hotline at 866-687-8683