LIVES ON THE LINE:

The Escalating Attacks on Trans, Non-Binary, Two-Spirit, and Intersex People’s Health

 

Summary of Findings

  • Transgender, nonbinary, intersex, and two-spirit people¹ — and especially transgender youth — face coordinated, vicious, exponentially escalating attacks on the right to access medically necessary healthcare that fly in the face of federal and international law. Only a coordinated response will turn the discriminatory tide.

    • In total, nineteen states have now banned or attempted to ban life-saving best-practice medical care: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Mississippi, Missouri, Montana,  South Dakota, Tennessee, Texas, Utah, West Virginia, Nebraska, North Dakota, and Oklahoma. While each of these bans affect transgender youth, Florida’s ban baselessly attempts to make gender affirming healthcare illegal when prescribed by nurse practitioners, cutting off not only youth, but 80% of transgender adults in Florida from life-saving medical care.  Additionally, the Missouri Attorney General attempted to ban lifesaving best practice gender-affirming care for all ages. While some of these bans have been enjoined by the courts, it is long past time to acknowledge the need for widespread political backlash laws, ungrounded in science, passed with the specific intent to end the existence of a marginalized group of people within the United States.

    • This wave of discriminatory laws flies in the face of wide consensus among doctors, providers, and medical researchers that gender-affirming care is lifesaving treatment that is often not received by those that need it. Laws denying that treatment will lead to serious injury and deaths of vulnerable transgender adults and children.

    • In 2023, attacks on trans health have escalated to a fever pitch, with a shocking number of over 479 specifically anti-trans bills introduced as of April 11, 2023.

    • So far this year, 45 states have introduced discriminatory bills that would harm gay, lesbian, transgender, and gender-non-conforming Americans, including bans on gender affirming care, restrictions on transgender students participating in athletics, criminalization of drag, gender performance and existing while trans, and more.

    • Yet more states both lack nondiscrimination protections for transgender people and have introduced bills restricting or banning transgender health care: Iowa, Kentucky, Louisiana, and South Carolina.

    • Though the majority failed, over 300 anti-LGBTQ bills were introduced last year, with the vast majority of them targeting the basic rights of transgender youth, such as access to healthcare, public accommodations, and education. At the close of the 2022 legislative session, 17 bills targeting trans youth passed into law.

    • Members of Congress led by Marjorie Taylor Greene have proposed a federal bill that would make providing best practice gender-affirming medical care for transgender minors into a felony nationwide. Representatives have also sought to prohibit schools from teaching students about gender identity without prior parental consent and limit transgender service in the military.

    • Despite this slew of attacks, transgender people’s rights are protected under the U.S. Constitution and federal and international law.  States are breaking these laws and violating constitutional rights in their discriminatory treatment of transgender residents and visitors.

    • Methods used to attack transgender rights are being expanded to attack other rights, such as an Oklahoma bill that would falsely label respecting a child’s gender identity as felony child abuse, and which would also label the teaching of critical race theory or other “political or racial ideolog[ies]” to be the crime of felony child abuse.

    • These laws hurt our most vulnerable kids. Proponents of anti-trans legislation consistently repeat the false claim that the purpose of these laws is to protect minors, a strategy parroted by anti-abortion activists. For example, on April 6, 2023, Idaho passed a law that would define taking a minor across state lines to receive an abortion without their parent or guardian’s consent, as "abortion trafficking," punishable by up to five years in prison, despite the fact that most children in need of abortion are victims of rape. The passage of this law comes one year after Idaho attempted to pass legislation that would criminalize a parent taking their own child to another state to receive gender affirming care.

  • People are being denied basic civil liberties by absurd and often contradictory state laws. For example, Alabama law requires trans people to undergo genital surgery for a driver’s license but then outlaws best-practice gender-affirming health care for anyone under 19, functionally making it impossible for trans teens to drive.

  • These attacks disproportionately affect people of color who have less access to health insurance and face additional discrimination from their healthcare providers.

  • These attacks also hurt intersex people. In 2023, out of about 135 healthcare bans, there have been 98 intersex “carve-outs,” meaning that these gender-affirming care bans do not prohibit parents and doctors from approving and performing surgeries on intersex youth without their consent.

  • Lifesaving, best-practice health care for youth is being withheld.

    • Hospitals are having funds held hostage: South Carolina and Oklahoma have passed laws withholding crucial hospital funding if their administrations do not cease providing gender-affirming care to youth.

    • Boards of medicine and public health agencies are being weaponized: In 2022, Louisiana passed a law urging their Department of Health to perform its own research challenging the broad medical consensus that gender-affirming care (GAC) is basic medical care, and this March, Florida restricted care based on its own Board of Medicine’s counter-scientific narrative around GAC.

    • States are expanding the ability of health care providers and companies to invoke “conscience-based objections” to trans health care: Florida and Montana have both passed laws expanding health care providers and payors’ ability to refuse to participate or pay for health care services that they claim violate their conscience. These laws are written broadly and encompass all gender affirming healthcare and reproductive care.

  • Families are terrified as the wave of anti-trans policies sweeps across the nation, unsure where they can move and keep their loved ones safe. Many have already begun leaving their homes for states with more accepting laws, and others question how long they can stay.

  • A growing number of states are stepping forward to offer refuge to transgender people, their families and providers being persecuted by other state laws, as well as those seeking access to reproductive care. California led the way, with Colorado, Connecticut, District of Columbia (D.C.), Maryland, Massachusetts, Minnesota, and New Jersey, New York, Illinois, Vermont, and Washington following its lead to offer protection for people allowing, providing and receiving gender-affirming services

  • Transgender rights groups are out-funded by between $180 to $800 for every $1 raised by architects of extremist, anti-gender politics such as Charles Koch, Barre Seid and Leonard Leo, whose funds have also been connected to the fights to end abortion, censor school curricula, deny climate change, and prevent enactment of the Equal Rights Amendment (ERA). Beating this assault on transgender civil rights will require far greater coordination, support, and federal buy-in than is currently in place.

  • Trans allies in the House and Senate have recently introduced federal legislation to counteract these attacks through a Transgender Bill of Rights.

 
Number of Bills Introduced by State Legislators that would Restrict Transgender and Other LGBTQ+ Rights
“Lives are at stake.”
- Senator Ed Markey, upon reintroduction of the Transgender Bill of Rights

state-level findings

To view state-level findings, please click on one of the state names listed below. If you have a proposed update to the findings in your state, please click here.

NOTE: Due to recent changes in the law, we’re updating this research and hope to have this section back up soon!

 

Footnotes

  1. Please note that when used independently in this report, the term “transgender” is meant to encompass the wide group of people who identify as a gender other than their assigned sex at birth or who fit outside of the gender or sex binary. This may include people who are intersex, nonbinary, two-spirit, genderqueer, genderfluid, gender nonconforming, or identify as a third gender associated with another culture. We acknowledge that not all people who fit under this umbrella identify themselves as transgender, and intend this report to apply to all people who experience discrimination on the basis of their sex or gender.

  2. At least 29 leading medical organizations recognize the necessity of gender-affirming health care. Medical associations that endorse comprehensive gender-affirming health care for transgender people further include the Endocrine Society, Pediatric Endocrine Society (“PES”), American Academy of Child and Adolescent Psychiatry (“AACAP”), the American College of Osteopathic Pediatricians (“ACOP”), the National Association of Pediatric Nurse Practitioners (“NAPNAP”) and the World Professional Association for Transgender Health (“WPATH”).