Anti-trans Legislative Roundup: 23 Bills In 14 More States Target Trans People

23 bills in 14 states have been released targeting the transgender community in the new year. These bills represent a significant escalation in attacks on trans people in the United States.

Every week, we track all of the transgender policies that move across the United States together. The goal of this is to keep all of you, activists and informed readers, abreast of possible new laws that can be fought early. If you live in some of these states, contact your local representative or your LGBTQ+ center near you an explain how these policies would hurt you.

A summary of the policies introduced in the new year:

Several legislatures began introducing bills after the new year began - and others that were already introducing bills continued to add to their bill docket. In the last week and a half, we saw anti-trans movement in 13 states and pro-trans movement in 4. Some of the worst bills I have ever seen since I have begun tracking anti-trans legislation 3 years ago were part of this latest batch of bills. Bills like Oklahoma’s ban on gender affirming care up to the age of 26 years old and more forced detransition bills with age caps of 18 and 21 showed up in Virginia, Kansas, and Kentucky. Missouri released 6 anti-trans bills of their own, and Arizona dropped a slew of anti-drag bills that also harm the trans community by saying that you cannot “sing, dance, and monologue” while “exaggerating a gender other than that of your assigned gender at birth.”

I am seeing a slew of legislative activity that rivals 2022, which was the worst year for anti-trans legislation in history. I fully anticipate that 2023 will feature even more anti-trans bills than in 2022 - many states have not even begun introducing their official legislation drafts yet.

We also saw terrible court decisions in places like Florida, where a court determined that schools can legally discriminate against transgender people using the bathroom, and West Virginia, where a court ruled that trans kids can be banned from sports. All of these decisions and bills are listed in the anti-trans policy section where you can review them in more detail

We did see positive movement in a handful of states. Safe state/refugee bills advanced in Minnesota and Illinois, and California’s safe state bill took into effect on January 1st. This will protect transgender residents fleeing anti-trans states from prosecution in Texas, Alabama, Florida, and any other state that passes these laws. We also saw Maryland begin to push a trans healthcare equity law which will cover things like facial feminization surgery for people on Medicaid - if this passes, it will be the 4th such state to do so. You can see these bills in the pro-trans policy section.

List of Anti-trans Policies And Movement:

Adams vs. School Board of St. Johns County - This case was decided against transgender people and would act to reverse Bostock protections that discrimination based on gender identity is discrimination based on sex. It explicitly allows schools to ban trans students from bathrooms.

Alaska HB27 - This bill would ban transgender people from playing school sports on teams of their gender idenetity.

Arizona HB1030 - This bill would define drag as “a person who dresses in clothing and uses makeup of the gender opposite of the person’s gender at birth and exagerates gender signifiers while dancing, monologuing, or doing a skit.” It bans them from being conducted on Sunday mornings (therefore banning drag brunches) as well as mandates

Arizona HB1028 - This bill would ban people from dressing in clothing or makeup opposite of their gender and doing dancing, monologues, or skits in public. It would target rag as well as transgender people and would provide a criminal penalty for violating it.

Arizona HB1026 - This bill would ban people from dressing in clothing or makeup opposite of their gender and doing dancing, monologues, or skits from state institutions, libraries, and more.

Arkansas SB43 - This bill would define drag as “exhibiting a gender identity that is different from the performer’s gender at birth” and “signing, dancing, or performing” while “appealing to prurient interests.” It would ban them anywhere in public and anywhere but adult businesses (strip clubs).

Kansas SB12 - This bill would ban gender affirming care for people under the age of 21 and is one of a few bans that would apply to trans adults. It would medically detransition them by withdrawing them from their gender affirming care.

Kentucky HB30 - This bill would declare an emergency over trans youth in bathrooms and would ban them from bathrooms matching their gender identity.

Kentucky HB120 - This bill would ban gender affirming care for trans youth and would medically detransition them by withdrawing them from that care.

Missouri HB463 - This bill would threaten people with child abuse for allowing a trans youth to access gender affirming care. It would ban gender affirming care for trans youth and withdraw them from that care, forcing them to undergo medical detransition.

Missouri HB419 - This bill would end gender affirming care for those under 18 as well as would ban even referring a trans youth for gender affirming care. It would withdraw trans youth already on that care from gender affirming care, forcing them to medically detransition.

Missouri HB540 - This bill would end gender affirming care for those under 18 as well as would ban even referring a trans youth for gender affirming care. It would withdraw trans youth already on that care from gender affirming care, forcing them to medically detransition.

Missouri HB337 - This bill would ban trans athletes from participation in sports of their gender identity.

Missouri HB170 - This bill would ban trans athletes from participation in sports of their gender identity.

Missouri HB183 - This bill would ban trans athletes from participation in sports of their gender identity.

Montana SB99 - This bill would end gender affirming care for trans youth, forcing trans youth to detransition medically by withdrawing them from their puberty blockers and hormone therapy.

Montana LC1471 - This bill would define people dressed in the gender that is different from their assigned gender from performing anywhere alcohol is served. Though this is targeted at the drag community, it also easily targets transgender people.

New Hampshire HB396 - This bill would define “sex” as “biological sex” and would deny trans people equal rights to bathroom access, sports, facilities, and jails.

North Dakota HB1139 - This bill would require birth certificates to have biological sex and would ban X gender markers.

Oklahoma SB129 - This bill would ban all gender affirming care for people under the age of 26 years old and force them to medically detransition by forcing the withdrawal of that care. It is the highest age limit set for bans of gender affirming care for any age and is one of the biggest escalations in the history of anti-trans legislation.

Utah HB132 - This bill would ban gender affirming surgery like top surgery for trans minors.

Virginia SB960 - This bill would ban gender affirming care for trans people up to the age of 21 years old and medically detransition them. It would also make every government agent forced to notify parents in writing for “gender nonconformity” if they see children exhibiting genders other than their assigned gender at birth.

West Virginia Sports Ban Decision - A federal court has ruled that West Virginia can ban an 11 year old transgender girl from playing girls school sports, as well as all trans students from sports contests of their gender identity.

List of Pro-trans Policies And Movement:

California SB107 - California becomes a safe state for anti-trans refugees who are fleeing from states with criminalizing policies like Florida, Alabama, and Texas. This law prevents extradition as well as allows California to have jurisdiction over custody cases of trans youth denied gender affirming care out of state.

Illinois SB1534 HA4 - This is known as the Patient and Provider Protection Act. This act would protect gender affirming care patients and providers (as well as abortion patients and providers) from being extradited back to their home state for “crimes” of obtaining gender affirming care or abortions in Illinois or a 3rd party state.

Maryland Trans Health Equity Act - Although there is no bill number yet, this bill would provide transgender healthcare equity to trans people in Maryland on Medicaid. It would prevent them from being discriminated against on hair removal, gender affirming care, surgeries, and more.

Minnesota SF63 - This bill would protect gender affirming care patients and providers from extradition if they obtained gender affirming care in Minnesota. It would also give Minnesota courts jurisdiction over child custody matters when one parent is affirming of their gender and another parent in another state is not.