In what civil rights advocates are calling the most extreme anti-transgender legislation proposed in America, Texas House Bill 3817 would criminalize transgender individuals who identify according to their authentic gender identity when interacting with state agencies or employers. The bill, introduced by Representative Tom Oliverson, classifies such actions as “gender identity fraud” – a state jail felony carrying penalties of up to two years imprisonment and $10,000 in fines.

This unprecedented legislation effectively criminalizes transgender identity itself, marking a dangerous new front in the intensifying nationwide campaign against transgender rights.

HB 3817: Criminalizing Transgender Existence

Under HB 3817, a transgender person would commit a felony offense by:

• Identifying “as a gender that does not align with their biological sex” when interacting with any state agency
• Using their correct name and gender on government forms or employment documents
• Presenting identification reflecting their gender identity rather than birth-assigned sex

“This bill doesn’t just restrict rights – it makes being transgender itself potentially criminal,” said Jordan Garcia, legal director at Transgender Law Center. “It forces transgender Texans to either deny who they are or risk imprisonment for living authentically.”

Part of a Coordinated Nationwide Attack

Texas’s extreme proposal comes amid an unprecedented wave of anti-transgender legislation sweeping America. Nearly 700 bills targeting transgender rights are active across 49 states – more than triple the number from just three years ago.

This legislative onslaught has gained powerful reinforcement from the federal level. On January 20, 2025, President Trump issued Executive Order 14168, which mandates federal agencies to recognize gender solely based on birth-assigned sex, effectively erasing federal recognition of transgender people.

“What we’re witnessing is a coordinated, multi-level campaign to legislate transgender people out of existence,” explained Dr. Melissa Rodriguez, professor of gender studies. “HB 3817 represents the most direct approach yet – literally criminalizing transgender identity in many contexts.”

Other States Following Similar Playbooks

Texas isn’t alone in its extreme approach. Iowa recently became the first state to completely remove gender identity from its civil rights protections, eliminating anti-discrimination safeguards for transgender individuals in housing, employment, and public accommodations.

This pattern of escalating restrictions demonstrates how state legislatures are testing increasingly severe approaches to restricting transgender rights, emboldened by federal policy shifts and conservative judicial appointments.

The Human Cost

For Texas’s estimated 125,000 transgender residents, HB 3817 represents an existential threat.

“When the government threatens to imprison you for your identity, the psychological damage is profound,” explained Dr. James Wilson, psychiatrist specializing in LGBTQ+ mental health. A 2024 survey found transgender youth in states with restrictive legislation reported significantly higher rates of depression and suicidal ideation compared to those in states with protective policies.

The bill forces an impossible choice: deny one’s core identity in all official contexts, or risk felony prosecution for being authentic.

Legal Challenges and Resistance

Civil rights organizations are already preparing legal challenges. The ACLU announced it would immediately sue if the bill advances, arguing it violates constitutional equal protection guarantees and First Amendment rights.

“The government cannot criminalize someone’s identity,” said Maria Hernandez, ACLU attorney. “This represents a direct attack on transgender Texans’ fundamental rights.”

Grassroots resistance is building, with unprecedented mobilization of both LGBTQ+ individuals and allies for upcoming committee hearings.

The Bottom Line

Texas House Bill 3817 represents a shocking escalation in anti-transgender legislation, potentially criminalizing transgender identity itself. As one component of a coordinated nationwide campaign occurring at both state and federal levels, it demonstrates how far opponents of transgender rights are willing to go in attacking transgender Americans’ very existence.

“This bill criminalizes authenticity itself,” said Alex Rodriguez, director of Texas Transgender Alliance. “We’re no longer fighting just for equal rights – we’re fighting for the basic right to exist in society without facing imprisonment.”