Opposing the conflation of female genital mutilation and gender-affirming care in the US - Equality Now

This policy brief examines the growing trend of conflating gender-affirming care with female genital mutilation (FGM) in the United States and the legal, medical, and human rights risks it poses. It clarifies the critical distinctions between the two, analysing how such conflation misrepresents both practices, undermines protections against FGM, and threatens access to healthcare for transgender individuals. The brief provides legal analysis on statutory interpretation, constitutional concerns, and international obligations to support accurate, rights-based policymaking.

What’s inside the brief?

Legal arguments to promote continued advocacy around the differences between gender-affirming care and female genital mutilation, how the two should be treated differently, and why they should not be conflated.
Detailed overview of the harms that conflating these two issues can cause to survivors of FGM and the anti-FGM movement.
Case law and other rights-based arguments to support advocacy at the state and federal levels in the United States.

Who’s it for?

Activists and CSOs in the US: use these arguments to advance their advocacy
Policymakers, including members of Congress
Federal and state representatives
Trans-rights groups
Public health groups

Key recommendations

Reject conflation-based legislation: Oppose bills that seek to rewrite existing anti-FGM legislation to criminalise gender-affirming care.
Uphold international law: Align domestic laws and policies with international human rights commitments, including protecting the right to the highest attainable standard of health, bodily autonomy, equality, and non-discrimination.
Invoke constitutional protections: Raise the roles of due process, fair notice, and the rule of lenity in challenging attempts to criminalise gender-affirming care under anti-FGM legislation.
Educate and mobilise: Utilise accessible, rights-based language to inform the public and policymakers about FGM, gender-affirming care, and the dangers of conflating the two issues. Elevate survivor voices and experiences in advocacy work.

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