“Now she wants to do transgender operations on illegal aliens that are in prison,” former President Trump said midway through Tuesday’s debate against Vice President Kamala Harris. “This is a radical left liberal that would do this.” The only mention of LGBTQ rights at the debate felt random and even like a throwaway line, but there’s an interesting story about Harris’ past record on queer and trans rights wrapped up in the former president’s comment that gives us an opportunity to discuss the candidate’s back-and-forth views on trans rights.
There’s an interesting story about Harris’ past record that gives us an opportunity to discuss the candidate’s back-and-forth views on trans rights.
A 2019 candidate questionnaire from the American Civil Liberties Union asked Democratic presidential candidates whether they would use their executive authority “to ensure that transgender and nonbinary people who rely on the state for medical care — including those in prison and immigration detention — will have access to comprehensive treatment associated with gender transition, including all necessary surgical care.”
Harris answered yes and elaborated that “it is important that transgender individuals who rely on the state for care receive the treatment they need, which includes access to treatment associated with gender transition.” CNN published about her answer on that questionnaire shortly before Trump appeared onstage for the debate.
The communications director for her campaign told ABC News that gender-affirming care for people in government custody is not part of her current platform. Harris has gone through a meandering journey on trans rights over the years, in contrast with her history of unambiguous support for gay rights. Harris often touts that when she was a district attorney, she was among the first public officials to perform same-sex weddings in San Francisco.
In 2004, then-San Francisco Mayor Gavin Newsom challenged the state’s ban on such marriages, allowing ceremonies for a 29-day period. During that time, Harris herself officiated over gay weddings. Recently, as detailed by NBC News, one of the couples she wedded reunited with her on the campaign trail.
However, before a 2015 settlement between the state of California and the Transgender Law Center, Harris led a California attorney general office that fought a lawsuit seeking gender affirming care for trans prisoners in the state.
Which brings us to that 2019 questionnaire. At that time, trans issues were much less contentious and nationalized than they are now. Back then, we were under a Trump presidency and trans issues were more top of mind for the liberal Democratic base. Candidates in the 2020 Democratic primary were competing to show their liberal bona fides on trans issues. That posed a slight problem for Harris as her office had fought hard against health care for trans prisoners. (It was also a small issue for Liz Warren’s campaign as she had also at one point shown some opposition to a similar policy).
The lawsuit pitting the Transgender Law Center against the state of California was not settled until after Harris had left the attorney general’s office for the U.S. Senate. But by 2019, a position opposing such care was untenable for someone seeking national office representing the Democratic Party, and so Harris couldn’t be seen as an opponent.
Harris’ explanation was that she had fought internally within her department to support providing gender affirming care for prisoners, even as her office led the legal argument against providing such care. It was a mixed and muddled response that trans voters criticized. During August’s Democratic National Convention, the words “trans” or “transgender” were uttered a total of two times. So what does all this mean for this election now? It’s concerning to me as a trans American that her campaign sought to distance itself from that 2019 questionnaire answer. Trans issues are even more contentious now, and Trump has promised to ban trans health care altogether as president. There must be a Democratic alternative candidate willing to full-throatedly oppose attacks on trans rights. According to NBC News, during August’s Democratic National Convention, the words “trans” or “transgender” were uttered a total of two times. On the other side, Republicans spent the week of their convention demonizing us and calling for our removal from society. It’s a worrying rhetoric gap. We need to know if Harris is going to protect us when the chips are down. Is she Attorney General Harris, whose office opposes gender affirming care; Democratic primary candidate Harris who says such care is a necessity; or the Democratic presidential nominee whose campaign hasn’t said anything other than it’s not on her platform?
Katelyn Burns is a freelance journalist based in New England. 
