All Anti-LGBTQ+ Bills Defeated In Georgia: Is Trans Panic Losing Steam, Or Pausing?

Every anti-LGBTQ+ bill was defeated in Georgia as the legislature adjourned Sine Die after midnight Thursday. Is the anti-trans panic losing steam, or is it pausing until after the election?

On Thursday night, Georgia adjourned sine die having defeated every anti-LGBTQ+ bill proposed this year, including trans sports bans, bathroom bans, bills to end legal recognition of transgender people, and bans on puberty blockers for transgender youth. This makes Georgia the latest in a series of states to reject anti-trans measures this year. Although the trend is not uniform — Utah, Idaho, and Wyoming have passed horrific bills this cycle, and other states continue to push new and harmful policies — legislatures appear to be passing fewer bills targeting transgender people this year, despite a similar number of proposals. This raises the question: Is the anti-trans panic losing steam, or are those pushing for anti-trans policies holding back until after the 2024 general elections?

In Georgia, significant efforts were made to pass anti-trans legislation. Despite nearly every bill failing to meet the crossover deadline — the point by which legislation must move from one chamber to the other — Republicans sought workarounds by amending completely unrelated bills with anti-trans policies. For example, one proposed bill aimed to ban transgender students from participating in sports, bathrooms, require parental notification for every library book their child checked out, and impose restrictions on sex education. This proposal was subsequently amended onto unrelated legislation about coaches showing their students videos on mental health and suicide prevention. The amended bill passed the Senate with two days to spare and appeared poised to become law this year - all it needed was a concurrent vote in the house, heavily Republican-controlled.

In the early hours after midnight, the Georgia legislature adjourned sine die without taking up the measure, leading to the failure of every anti-LGBTQ+ bill proposed this year, including those seeking to ban puberty blockers, bathroom access, exclude transgender individuals from sports, and more. Reacting to these defeats, Jeff Graham from Georgia Equality remarked, “It’s undeniable that the tides are shifting, both here in Georgia and across the nation. Anti-LGBTQ actors are losing their political power, and more and more Georgians who know and love LGBTQ people are standing up against their baseless fear-mongering.”

Is Graham correct in asserting that the tides are shifting and anti-LGBTQ actors are losing their political power? There are indeed signs that anti-trans and anti-LGBTQ+ legislation is not achieving the same level of success as in previous years. This year, despite a similar 500 anti-LGBTQ+ bills having been proposed, only 16 explicitly anti-LGBTQ+ bills have have passed, though many are still pending. If this holds, we are on track for a significant reduction from the 84 bills that became law in 2023. Furthermore, states traditionally known for targeting LGBTQ individuals have unexpectedly retreated: Florida failed to pass significant anti-LGBTQ+ legislation, and West Virginia adjourned with 20 anti-LGBTQ+ bills defeated. In Arizona, a Republican's opposition prevented an anti-LGBTQ+ measure from reaching the November ballot, leading to its defeat. Additionally, in the national budget conflict, Republicans conceded on more than 50 anti-LGBTQ+ provisions, ultimately passing only an embassy flag ban that restricts flying a pride flag on a flagpole "over" the embassy.

On the other hand, the few bills that have passed are notably more extreme than those seen in previous years. Utah implemented a comprehensive trans bathroom and locker room ban this year, targeting transgender adults, while Idaho enacted legislation that bans all public funding for gender-affirming care, including services provided by public facilities, potentially making it exceedingly difficult for adults to access necessary care. Additionally, many states are resorting to alternative methods to target LGBTQ+ individuals: Florida has prohibited gender marker changes on drivers' licenses through the Florida Department of Highway Safety and Motor Vehicles, and Attorney General Ken Paxton is subpoenaing medical records nationwide in a concerning assertion of extraterritorial jurisdiction. Meanwhile, court outcomes have been mixed, with some significant victories but also some anti-transgender rulings.

Opponents of transgender care have not moderated their tactics, employing increasingly extreme methods. Anti-trans columnists like Pamela Paul have been provided with extensive platforms, such as a 4,500-word opinion feature in The New York Times, to disseminate some of the most harmful and factually inaccurate disinformation ever presented on such a prominent platform. Michael Shellenberger, employing tactics reminiscent of "Climategate," participated in a significant attempt to discredit the World Professional Association for Transgender Health with misleading and highly editorialized leaks that also faltered under fact-checking scrutiny. Extremists such as Chaya Raichik have attained official government positions, and notable anti-trans figures like J.K. Rowling have gone as far as to deny that transgender individuals were targeted in the Holocaust. Furthermore, in otherwise “safe” places like New York and California, Republicans are finding at least a little success in anti-trans policy pushes through alternate means, such as local governments. In Washington State, they even managed to get a “Parents Rights In Education” bill that could result in forced outing policies.

There is hope to be found for advocates of LGBTQ+ rights, though; prior to this year, anti-LGBTQ+ legislation often flew through committees - it seemed there were very few bills that Republicans put any effort into passing that did not pass. Even many of the bills that failed were rolled into bills that passed in a similar manner to how anti-LGBTQ+ Republicans in Georgia attempted to do likewise this year. Often when asked by other journalists about “where this is all going,” I would state that, “we have yet to see a bottom.” That is no longer the case - it appears that we have actually found that bottom in several states across the United States.

The real question, though, is if this is a real bottom, or a ledge. With the 2024 elections approaching, there is a tangible threat to LGBTQ+ individuals. Every state under Republican control has passed anti-LGBTQ+ and anti-trans laws or policies in recent years, whereas Democratic states have remained steadfast in their opposition. Although the 2022 midterms and the 2023 off-cycle elections have seen significant victories for LGBTQ+ rights advocates, such as the overwhelming defeat of the majority of Moms for Liberty candidates, the 2024 elections are set to be the most significant test of anti-trans politics to date, given the high stakes involved. The Heritage Foundation’s "Project 2025" outlines plans to classify transgender individuals as obscene and to end all legal recognition across the nation. Presidential candidate Donald Trump has advocated policies that target transgender individuals “at any age,” and those behind anti-trans legislation are aiming for an “endgame” that includes a total ban. Meanwhile, key transgender Supreme Court cases are being heard and will continue over the next few years, as advocates work tirelessly to overturn these harmful laws.

Perhaps more accurately, this period should be regarded as an inflection point. There is genuine joy among advocates for transgender and queer individuals in witnessing the failure of horrific legislation, a marked contrast to its passage in previous years. In Georgia, this joy was evident in the celebrations of activists across the state. However, this joy is tempered by increasingly desperate attacks targeting the highest echelons of power: Congress, the presidency, and the Supreme Court, which is poised to adjudicate a multitude of cases arising from previously passed harmful legislation. For those championing LGBTQ+ rights, the victories are a moment of reprieve that will allow them to breathe easier and replenish strength for the fights ahead.