And there are states wih bans on drag in public that are worded so vaguely that a AMAB person wearing a skirt counts as an “Overtly Sexual Display”, especially if a kid sees that…
I lived in one of those states, and that interpretation of the law is incorrect, the courts have a rather high standard and narrow interpretation of what is considered “harm to children”
as the ACLU clarifies:
The legal definition for “harmful to minors” is very narrow and only covers extreme sexual or violent content with no literary, artistic, or political value for minors.
These drag bans absolutely do not apply to trans people walking down the street, and these laws have been in place for years without any enforcement like you are describing. So far they mostly use the law’s ambiguity to threaten legal action to shut down drag performances at pride parades, etc.
One of the fears I had as a trans person living in those states is that overnight I would wake up and the police could just try to the law as an excuse to go ahead and arrest trans people anyway, and then let the mess play out in the courts where conservative judges could find creative ways to ignore or work around the restraints on the law, but this is very unlikely and more just my fear talking than anything like an actual path forward for successful criminalization.
That said, I do think the most extreme anti-trans elements of the GOP are trying to push full criminalization as they can, but have mostly failed to get support even from their own party in the most anti-trans states. In 2025 Texas had a state bill proposed that would criminalize all trans people for “gender identity fraud” and they weren’t even able to get it to a vote.
So, I’m not as confident as you that it’s as certain as “when, not if”, even if I do agree that we might see full criminalization happen in some states. (That’s actually why I left my home and moved to a blue state, I anticipated under the Trump administration that the most anti-trans states will be more motivated to push for full criminalization.)
That said, my anticipation of quick criminalization has not yet come to fruition, and now I wonder why some of those states like Florida haven’t even attempted it.