By Sophia Collins
Over the past few years, and increasingly so over the past several months, states have been proposing, and in some cases passing, legislation targeting gays and lesbians and transgender people, especially transgender youth. The ACLU reports that it is currently tracking 452 anti-LGBTQ+ bills that have been introduced across the country. Advocates of these new laws say they protect children and safeguard parental rights, but a closer reading of the bills in question shows they actually restrict parents’ ability to make decisions about their children’s healthcare. They also impinge on the ability of local schools to create an environment of safety for LGBTQ+ students, and have a particularly chilling impact on teachers, who in some cases could be fined or fired for something as simple as calling a student assigned female at birth by a masculine-sounding name.
A bill proposed in Kentucky was vetoed by the Governor, but the veto was overridden in both the State House and the Senate because of the Republican majority. This bill bans surgeries, puberty blockers, and hormone therapy for children under eighteen. It also forbids school districts from requiring that students be referred to by their chosen pronouns, restricts which bathrooms that students can use, and limits discussion of sexuality and gender in the classroom. There are many similar bills like this being proposed across various states that are purposefully targeting transgender and LGBTQ+ youth within schools and the education system.
The ACLU is mapping this slew of anti-trans legislation. Their mapping technique specifies what the proposed/passed legislation is targeting, and links to an explanation of each proposed bill. Currently, 211 of these bills are related to education.
In Texas, there are 17 education-related bills that are currently advancing. Bill SB 393 prohibits instruction of sexual orientation or gender identity within the public school system and requires schools to implement policies of disclosure that could result in students being “outed,” such as notifying parents when a student participates in a club with themes of gender and sexuality. Bill HB 23 restricts sports participation by biological sex, which the bill defines as “(1) entered at or near the time of the student’s birth; or (2) modified to correct any type of scrivener or clerical error in the student’s biological sex.” Bill HB 4534 prohibits public school employees from assisting a student with social transitioning at the penalty of losing state funding for the school. This means that a teacher will not be able to use a student’s chosen name, pronouns, or recognize other expressions of gender that deviate from the student’s biological sex as defined above. Bill HB 5236 outlines the regulations for bathrooms and changing rooms in public schools and states that students must use the bathroom that aligns with their biological sex. Bill HB 4961 states that a parent is entitled to information regarding a child’s gender identity no later than 24 hours after an employee of the school district has become aware that the student is considering or identifying with expressions or behavior that does not align with the child’s biological sex. The vague wording in this bill is cause for concern for teachers and youth advocates alike, because it is unclear what behaviors teachers would be required to report.
Not all of these bills originate in so-called red states. In Massachusetts, Bill H.509 targets what teachers are allowed to teach in terms of gender and sexuality in core classes. Bill H.509 is an amendment to Section 32A of Chapter 71 of the General Laws as they appear in the 2020 Official Edition; the amendment states that any class or school-sanctioned activity/program that discusses or involves sexual education, human sexuality issues, or sexual orientation issues must have a written policy that ensures parental/guardian notification; additionally, Bill H.509 states that all classes involving these topics must clearly be stated as non-mandatory elective courses, all class material must be made available to the students guardians, and no teacher will be required to teach any curriculum that deals with sexual education, human sexuality, or sexual orientation issues. The new phrase, “or sexual orientation issues,” was purposely added to ensure that no teacher can teach or discuss anything other than cis-gendered straight relationships without notifying all guardians. Since parents already have the right to view curricular material and discuss it with teachers and school officials, this language does not expand parental rights in any meaningful way, but does foster a culture of silence around LGBTQ+ issues.
While this research was focused specifically on anti-trans/LGBTQ+ legislation within the education system, the ACLU is tracking all laws related to anti-trans/LGBTQ+ legislation within healthcare, public accommodations, free speech and expression, accurate IDs, and civil rights.
These states currently have bills advancing that would deny necessary healthcare access to transgender people: Arizona, Arkansas, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Michigan, Mississippi, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and West Virginia. Read about the individual bills here.
For example, in Texas, Bill SB 1029, which takes effect on September 1, 2023, bans all forms of gender-affirming healthcare for any resident in Texas. This includes so-called “top” and “bottom” surgeries (which are very rare among minors), but also puberty blockers and hormone replacement therapy (HRT). Bills like these are leading families with transgender youth to flee their homes and seek refuge in other states that have declared themselves as safe havens.
Just as it is important to know what laws are being proposed and advancing in relation to anti-trans/LGBT+ legislation, it is also helpful to know the states that are signing executive orders that secure a trans individual’s right to access gender-affirming health care. In New Jersey, the governor recently signed an executive order that directs all state agencies to protect transgender people in New Jersey from being persecuted for seeking or obtaining gender-affirming care, as well as those providing gender-affirming care.
The state of Minnesota also became a safe haven for transgender individuals when the governor signed Executive Order 23-03; this order protects people that are seeking gender-affirming healthcare and those who provide it, forbids state agencies from assisting investigations to penalize transgender people for seeking gender-affirming healthcare, and states that Minnesota will refuse to comply with subpoenas for transgender people who have travelled to Minnesota to seek care. Executive orders like these are a necessary means to protect the transgender community.
Want to learn more? Explore the ACLU map that is tracking live updates of anti-trans/LGBTQ+ legislation in every state.
Sophia Collins was a Rise Out intern in the spring of 2023. They are a student at Lesley University.