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Trans People are Facing a 'Dual State' in Trump's America

25 min25 mars 2026

This week, the Idaho Senate is considering a bill that would block transgender people from using public bathrooms that conform with their gender identity, escalating the state’s preexisting trans bathroom ban in public schools. A first offense could land someone in prison for a year. This bill is just the latest in a devastating cascade of legal actions stripping away trans rights. For the midweek pod, host Brooke Gladstone speaks with Alejandra Caraballo, a civil rights attorney and a Clinical Instructor at Harvard Law School Cyberlaw Clinic, about why she's been looking toward a legal framework invented in the wake of Nazi Germany called "the dual state" to better understand this moment. 

 

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