Dane County will become a sanctuary for people who are transgender and nonbinary to shield them from any future laws that remove their rights, the county’s elected leaders decided early Friday after hours of vitriolic public comment.
The County Board voted 25-1 to approve a resolution declaring that if Wisconsin were to pass a law that “imposes criminal or civil punishments, fines or professional sanctions on any person or organization that seeks, provides, receives or helps someone to receive gender-affirming care,” the board would ask the Dane County Sheriff’s Office to make enforcement its lowest priority.
Gender-affirming care includes treatments such as puberty blockers, hormones or surgery.
County Board Supervisor Rick Rose, who represents District 16, introduced the resolution at the start of June, coinciding with the beginning of Pride month, citing increasing concern that the state's Republican leaders will block funding for or access to transgender-specific health care.
Since its introduction, 28 other supervisors signed on as sponsors of the resolution.
“(This) simply draws a circle of safety and protection around trans people and those that they trust and love so they are not threatened by outside attacks. That's it,” Rose said Thursday night in front of the board. “To the trans kids …we see you, we love you and we will do everything we can to change the world for the better.”
Over 50 people spoke during the County Board meeting, both virtually and in person, the majority in opposition to the resolution, citing a variety of reasons — religious beliefs, concern about bureaucracy, parental rights and perceived harm to children receiving such care.
Julaine Appling, president of Wisconsin Family Action, a conservative Christian organization, said in a prepared statement Thursday that she was “disturbed” by the proposed resolution.
Appling
Wisconsin Family Action, which opposes gender-affirming care as well as abortion rights, made false claims in the statement that children are undergoing procedures “resulting in sterilization” at medical facilities in Dane County.
Sara Benzel, a spokesperson for UW Health, confirmed with the Cap Times that medical professionals in Madison do not, and have never, performed procedures commonly referred to as “bottom” surgeries on minors. These procedures, including vaginoplasties and phalloplasties, are provided only to adults and require extensive psychiatric evaluation before a “letter of readiness” signed by a mental health professional can ensure a patient is considered eligible for gender-affirming surgeries of this nature.
“We support efforts that protect and advance the health of trans and gender nonbinary youth and enable us to provide needed care to our patients,” Benzel said in a statement to the Cap Times Thursday.
UW Health is the primary provider of gender-affirming health care in Dane County after the launch of its Comprehensive Gender Services Program in 2022.
Many members of the LGBTQ+ community showed up in support of the legislation at Thursday’s meeting, although many left throughout the four-hour public comment period because of the anti-transgender rhetoric. One speaker was asked to leave by County Board Chair Patrick Miles because of targeted language.
Charlie Werner, 12, listened for two and a half hours as speakers went back and forth, many citing concerns about trans children not being old enough to make informed decisions. Werner, who is transgender, said trans kids and adults alike “just want to live our lives as any of you live your lives.”
“A lot of the people opposing this have talked a lot about kids and have said like they're speaking on behalf of kids. I'm 12, and I'm trans, and I live in Dane County,” Werner said. “I'm very fortunate that I do live in Dane County because I have received access to gender-affirming care and, quite honestly, that has saved my life.”
Madison City Council member Dina Nina Martinez-Rutherford, District 15, is the first openly transgender local elected official. Last week, she joined Madison Mayor Satya Rhodes-Conway to raise the transgender pride flag over the Madison Municipal Building for the first time ever.
Madison City Council member Dina Nina Martinez-Rutherford, who is transgender, is among those supporting a Dane County Board resolution to protect transgender and nonbinary residents.
She said the resolution is more important than ever.
“When we look across the socio-political landscape, we're seeing rhetoric about trans people everywhere and the vast majority of the words that people are using are vitriolic and harmful,” Martinez-Rutherford told the Cap Times when the legislation was proposed. “To live in a city, in a county that is willing to take a stand for trans and queer people is incredibly inspiring. I am honored to be invited to the table.”
County Board Supervisor Mike Bare, District 32, in the opening inspirational message, said there have been difficult and inspiring emails and phone calls to the board this week. Though the majority of speakers at Thursday’s meeting opposed the resolution, the county clerk’s office received 129 calls from residents in support of it and just two in opposition, he said.
"We've seen a full spectrum of accusations and compliments," Bare said. “Depending on one's viewpoint, we're either spiritual or ungodly. We're scientific or we're brainwashed. We're moral or we’re immoral; monsters or we're tolerant. I know which side of those things I'd like to be on."
He said he received an email calling the board “leftist fruitcakes and the laughingstock of the nation." Another email about the resolution read, 'Try it and watch how fast Second Amendment rights are exercised,'" Bare recounted.
But he said no matter the discourse, he believes making the county a sanctuary for trans and nonbinary residents will save lives.
"I don't think you need inspiration from me. That should be inspiration enough," Bare said.
I am so grateful for the trans and non-binary community. You are loved beyond measure and your beautiful existence allows us to know there is power in being our most authentic selves.
— Francesca Hong 홍윤정 (@FrancescaHongWI) June 16, 2023
Know we are greater than the fear & bigotry on display at the Dane Co. Board Meeting tonight.
'Radical religious dogma' or rules 'God created'?
During an impassioned discussion among the board as the meeting stretched past midnight, Supervisor Dana Pellebon of District 33 thanked every trans and nonbinary person who testified in front of the group. Pellebon, who identifies as queer, also apologized for the “hateful speech” during public comment.
“Trans and nonbinary folks and their loved ones are watching their rights being eroded daily and are being subjected to verbal, psychological and physical abuse. That is unacceptable,” Pellebon said. “It is our duty to ensure that our citizenry is safe from radical religious dogma meant to harm and destroy the well being of the most vulnerable in our community. I am angry that members of our board and their loved ones have been subjected to and harmed by that hate speech.”
She promised the legislation is “just a starting point.”
“This fight is not over. It's just a step in the right direction,” Pellebon said. “I'm proud to be on the right side of history.”
Supervisor Jeff Weigand, District 20, who voted against the resolution, contended it didn’t provide protections for children and that “the answer is submitting to the rules and the laws that God created.”
Supervisor Patrick Downing, District 30, asked the board to refer the resolution back to the committee level because of his concern that it “appears to condone allowing children to make life-altering irreversible decisions.” His proposal failed in a 26-2 vote, with only Weigand and Downing supporting the motion.
The resolution to create the trans and nonbinary sanctuary passed 25-1-3, with Supervisors Kiefer, Downing and Dave Ripp, District 29, abstaining and Weigand voting no.
Cap Times reporter Erin McGroarty contributed to this article.
Correction: A previous version of this story incorrectly spelled Charlie Werner's last name.


