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CNN sensationalizes care for incarcerated trans people, prompts debate commentary and federal legislation

GOP representatives back bill to bar transition care for some in federal custody following report on Harris’ 2019 ACLU questionnaire

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Written by Alyssa Tirrell

Research contributions from Vesper Henry

Published

Recent CNN reporting that sensationalized Vice President Kamala Harris' 2019 position on access to care for incarcerated trans people quickly spiraled into further coverage from right-wing media figures and debate commentary from former President Donald Trump. Soon after, House GOP members backed federal legislation that would “prohibit Federal funds from being used to provide certain gender transition procedures to individuals in the custody of the Department of Homeland Security and the Department of Health and Human Services.”

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  • The CNN report, which was published just a day before the first debate between Trump and Harris, sensationalized Harris' 2019 position on access to care for incarcerated trans people

    • A CNN report republished Harris' response to a 2019 ACLU questionnaire in which she stated positions on incarceration, immigration detention, and other questions of civil rights. The report emphasized that Harris responded “yes” when asked if she would use “executive authority to ensure that transgender and non-binary 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.” CNN’s on-air coverage of the report emphasized the same point. [CNN, 9/9/24; Twitter/X, 9/9/24]
    • The CNN report failed to include key context. The Supreme Court has held for half a century that denying incarcerated people medically necessary care is a violation of constitutional rights, which CNN failed to mention in its reporting. Nor did the reporting note the low numbers of incarcerated persons who actually receive gender-affirming care, or the sexual, physical, and psychological abuse that many trans people face while incarcerated — of which denial of care may only be a part. [Media Matters, 9/10/24]
    • The report highlighted a troubling pattern of poor reporting on trans issues for the network. CNN devoted just 15 minutes in the first half of 2024 to the more than 150 bills targeting trans access to health care and bathrooms in the United States. [Media Matters, 8/1/24]

  • Further coverage of the report circulated in right-wing media leading up to the debate, with some specifically anticipating a Trump/Harris exchange

    • TPUSA founder Charlie Kirk cited the CNN report in two separate posts. In one post Kirk wrote, “In 2019, Kamala told the ACLU that she wanted taxpayer-funded sex change surgery for illegal immigrants, massive budget cuts for ICE, and an end to all detention of illegal immigrants. In other words, she endorsed open borders + limitless taxpayer funding for illegal arrivals.” [Twitter/X, 9/9/24; Twitter/X, 9/9/24]
    • Several right-wing online outlets cited the CNN reporting. The Daily Wire, National Review, Free Beacon, and Fox News all published on the report. [Daily Wire, 9/9/24; National Review, 9/9/24; Free Beacon, 9/9/24; FoxNews.com, 9/10/24; FoxNews.com, 9/10/24]
    • On FOX & Friends, contributor Peter Doocy anticipated the debate while referencing the report. Doocy said, “Vice President Harris has some explaining to do if President Trump decides to go there. For example, there is this new questionnaire that she filled out in 2019 where she talks about how she wants gender transition surgeries for migrants.” [Fox News, FOX & Friends, 9/10/24]
    • On Mornings with Maria Bartiromo, guest host Cheryl Casone and Rep. Laurel Lee (R-FL) anticipated the debate while referencing the report. Casone raised the issue, saying, “We got this new — another network doing this bombshell research showing that she, basically, when she was filling out paperwork in 2019 to be a presidential candidate, she was endorsing things like basically paying for detainees to have gender surgery care and well, surgery, transition surgeries, things like that. The past record, how far do you think we're going to see that kind of fleshed out tonight on the debate stage?” Lee responded, “I think that is exactly what President Trump is going to do tonight.” [Fox Business, Mornings with Maria Bartiromo, 9/10/24]
    • On Outnumbered, co-host Emily Compagno anticipated the debate while referencing the report. Compagno said, “Hours from now, former president Donald Trump and Vice President Kamala Harris will face off for the first time. The ABC presidential debate is an opportunity for Trump to challenge Harris on that far left record we've been discussing. And now he has got new material in that 2019 questionnaire revealing that Harris wanted taxpayers to fund gender transition surgery for illegal immigrants. It will also give Trump a chance to hold her accountable for the Biden-Harris administration’s record and multiple flip-flops.” [Fox News, Outnumbered, 9/10/24]
    • On The Five, hosts and guests anticipated the debate in their exchange about the report. Co-host Jesse Watters said, “No breast implants for illegal aliens. That's all Trump has to say. That's all he has to say and just walk off. Well, maybe more than that.” [Fox News, The Five, 9/10/24]

  • Trump's claims during the debate that Harris was “providing transgender surgeries to illegal aliens” were mocked by some but further boosted by right-wing media

    • During the debate, Trump claimed that Harris supports “transgender operations on illegal aliens that are in prison." The comment marked the only instance in which LGBTQ issues were raised on the debate stage. [ABC, 9/11/24; Them, 9/11/24]
    • Trump’s comment was widely mocked on social media. Speaking about the response, ACLU attorney Chase Strangio told reporters, “I appreciate the memes from and for trans people about our ‘transgender operations’ because amid the absurdity we must ourselves find levity. But it is at the same time important for actual journalists to clarify that there is nothing funny, controversial, or scandalous about affording people in custody their basic constitutional rights to medical treatment. Anything less would be cruel, unusual, and inhumane.” [Daily Dot, 9/16/24; Them, 9/11/24; Them, 9/18/24]
    • Right-wing media online outlets continued to promote the report, buoyed by Trump's debate claims. The Daily Signal, The Post Millennial, and Breitbart cited CNN's report in the aftermath of the debate. [Daily Signal, 9/11/24; The Post Millennial, 9/11/24; Breitbart, 9/11/24; Breitbart, 9/12/24] 

  • GOP House members back legislation that would “prohibit Federal funds from being used to provide certain gender transition procedures to individuals in the custody of the Department of Homeland Security and the Department of Health and Human Services”

    • Just days after the debate, Rep. Greg Steube's (R-FL) office published a press release announcing legislative action seemingly inspired by CNN's report. Steube is quoted saying, “This is a bill Congress shouldn’t have to write, but my legislation is now necessary because the sitting VP and Democrat nominee for president, Kamala Harris, has pledged to use taxpayer dollars to fund sex change surgeries for illegal immigrants. Free sex change surgeries join a litany of ‘benefits’ the Democrats promote to illegals to encourage them to break our laws, enter our country illegally, and vote!” The release also quoted him as saying, “Congress must pass my bill so we can safeguard our taxpayer dollars from Kamala’s weird and disgusting plan, which she could implement today.” [Steube.house.gov, 9/12/24]
    • The legislation would “prohibit Federal funds from being used to provide certain gender transition procedures to individuals in the custody of the Department of Homeland Security and the Department of Health and Human Services.” Fox News has reported that the “Stopping Transgender Operation Payments and Wacky Expenses for Illegal Residents and Detainees Act (STOP WEIRD Act)” has the backing of at least five GOP House representatives. [Congress.gov, accessed 9/19/24; FoxNews.com, 9/12/24] 
    • This year, GOP legislators at both the state and federal level have introduced bills that target government funding for gender-affirming care. According to the ACLU, 18 of the 112 bills considered in state legislatures so far this year seeking to ban or limit gender-affirming care “target access to medically-necessary health care for transgender people through programs like Medicaid or block insurance coverage for this healthcare for transgender people.” Four of these bills “would limit access to medically necessary healthcare for incarcerated transgender people.” Additionally, some bills considered by the federal legislature such as H.R.1399 prohibit “the use of federal funds for gender affirming care or for health insurance that covers such care” alongside other restrictions. [ACLU, accessed 9/20/24; Congress.gov, accessed 9/20/24]