Sen. Roger Marshall (R-KS) introduced a bill this week to legally erase transgender people, entitled the “Defining Male and Female Act of 2024.” He claimed that the bill will stop what he called the Biden administration’s attempt to “replace biological sex with dangerous radical gender ideology.”
The bill is a long list of terms and definitions, where words like “father” and “girl” are defined with the words “male” and “female.” Those two words are then defined as “an individual who naturally has, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes [sperm or eggs for male or female, respectively] for fertilization.”
I doubt a court would. Your gender or sex is not considered existence.
IANAL, but I’d also guess linking gender to existence or threat. May harm the trans community more than help. As the separation of born sex vs gender is not legally clear. So such a claim may cause more issues with the right to change than it protects. At least without some serious changes in the law as stands.