Cause: Federal Anti-Transgender Legislation and Policy
Anti-trans bills are being passed throughout the country.
Just in the last three years, a record number of bills have been advanced that attack trans rights. 1
As of February 23, 2024, the American Civil Liberties Union (ACLU) is tracking 452 anti-LGBTQ bills in the United States.
Transgender Americans are the largest target of these bills–which address some of our most personal rights, freedoms, and protections:
- Gender identification on IDs and records
- Civil rights–such as rights to nondiscriminative employment practices
- Healthcare and Medicaid: many of these bills “ban affirming care for trans youth, and can create criminal penalties for providing this care. These bills exempt identical treatments offered to cisgender youth or are forced onto intersex youth. Other bills block funding to medical centers that offer gender-affirming care, or block insurance coverage of health care for transgender people.” 2
- Free speech and expression
- Use of public restrooms and locker rooms
- School activities and participation in sports
- In-school discussions of LGBTQ people and issues
More information about anti-trans legislation can be viewed directly on the ACLU site.
The Trump Administration
There has been no catalyst for anti-trans policy like former President Trump.
Recent gray literature and reporting detail how Florida’s legislative changes, particularly the “Don’t Say Gay” law, are impacting teachers’ ability to support transgender students. 3 These policies have created significant barriers, leading to an environment where teachers are hesitant to acknowledge LGBTQ+ identities for fear of violating the law. 4 Surveys by organizations like the RAND Corporation reveal that these restrictions are making schools less inclusive and contributing to a challenging environment for transgender teachers and students alike. 5
While trans rights advocates were critical of the minimal supportive legislation from 1996 to 2006, I much prefer it to the current dynamic: this mass production of anti-trans legislation that was catalyzed by the Trump administration.
When Trump took office, he immediately began passing a series of anti-trans bills–to include those eliminating the former protections implemented by the Obama administration.
As early as 2017, the Departments of Justice and Education rolled back guidance under Title IX that protected transgender students in schools. States–particularly those led by Republican lawmakers–enacted or proposed laws that restrict transgender rights in education to such an extent that in some states, discussions on LGBTQ+ topics are restricted.
While it is challenging to pinpoint the exact percentages of schools or states that introduced anti-trans legislation, anti-trans policies were widespread. Of the 452 anti-LGBTQ bills tracked by the ACLU, many target transgender students in areas like participation in sports, gender identification, and bathroom access. 6
Some of his more damaging bills for transgender students are depicted by the timeline below. 7
This timeline (linked here for a full-screen view) provides a comprehensive overview of the federal government’s actions related to anti-trans policies over the specified years.
Additional information about anti-trans legislation may be viewed directly on the National Center for Transgender Equality site.
