In 2024 states across the U.S. enacted laws which could alter the rights of transgender individuals. The measures have been focused on areas including healthcare access, education and civil rights.
Supporters of these laws argue they are necessary to protect children, uphold fairness in sports, and safeguard religious and parental rights. Opponents, however, say the measures are discriminatory, harmful, and rooted in misinformation.
Using research from the American Civil Liberties Union (ACLU), Newsweek has mapped out the states which passed such legislation.
Casey Pick, Director of Law and Policy at The Trevor Project told Newsweek that, "The onslaught of anti-transgender legislation this year has taken a toll on the mental health of transgender and nonbinary youth everywhere."
"Researchers at The Trevor Project published a peer-reviewed study this fall that found anti-transgender state laws directly caused up to a 72 percent increase in suicide attempts among transgender and nonbinary youth. We urge lawmakers to start focusing on the many issues that matter most to their constituents, and stop playing politics with young transgender lives," Pick said.
Fifty-nine percent of Americans oppose allowing transgender athletes to play on sports teams that match their gender identity, compared to 19 percent who support it, according to a poll from YouGov in January this year, and 50 percent of Americans oppose allowing transgender people to use bathrooms that match their gender identity compared to 31 percent that support it.
Sixty percent of Americans oppose laws banning gender-affirming care for minors while well over 30 percent support them, according to a Gallup pole from May.
Laws Enacted in 2024
Healthcare Age Restrictions
Among the most common types of legislation passed in 2024 were healthcare age restrictions, which prevent minors from accessing gender-affirming care. Measures have been enacted in several states, with penalties for providers who offer treatments to transgender youth.
Supporters of these laws argue that they protect children from making irreversible medical decisions before adulthood. In South Carolina, Governor Henry McMaster signed the Help Not Harm Bill, which prevents gender-affirming care being provided to individuals who are under 18. He said that the legislation, "protects our state's children from irreversible gender transition procedures."
Re-Definition of Sex
Legislation redefining the legal meaning of sex to exclude transgender and nonbinary individuals from civil rights protections has also gained traction and been passed in a number of states. By narrowing definitions to strictly biological terms, these laws could undermine anti-discrimination safeguards in employment, housing, and public services.
One such bill was passed in Idaho, and during the legislative process, state Representative Julianne Young, a proponent of the bill, said, "This legislation is about preserving the integrity of our legal definitions and ensuring clarity in our laws."
The ACLU said these bills "attempt to exclude trans and nonbinary people from protection under the law."
Education Laws
Education has become a focal point in this wave of legislation. Forced outing laws, for instance, require school staff to inform parents if a student expresses a different gender identity, regardless of the potential harm to the student.
Speaking in favor of outing laws, the likes of which have been banned in California by Governor Gavin Newsom, Tennessee state Representative Mary Littleton said the legislation was needed so parents could know if their student would need therapy. "I feel like the parents, they have the right to know what's happening in the school with their children," Littleton said. "And I also think that possibly they could get that child some therapy that could help them solve their problems and make their way through school."
Additionally, school facility bans restrict transgender students' access to restrooms and locker rooms that align with their gender identity.
Curriculum censorship laws prohibit discussions of LGBTQ+ identities in classrooms. School sports bans, another legislative trend may prevent transgender youth from participating in athletics consistent with their gender identity.
The ACLU states that these laws are "to prevent trans students from participating in school activities."
ID Laws
Barriers to obtaining accurate identification documents have also intensified, with some states enacting policies that make it difficult or impossible for transgender people to update their gender markers on driver's licenses or birth certificates.
Public Accommodation Bans
Other laws include public accommodation bans, which bar transgender people from using facilities like public restrooms that correspond to their gender identity, and restrictions on prison healthcare for incarcerated transgender individuals.
U.S. Representative Nancy Mace of North Carolina introduced a resolution banning transgender individuals from certain bathrooms, specifically targeting Representative-elect Sarah McBride, and said that "it's offensive that a man in a skirt thinks that he's my equal." She described the measure as necessary to protect safety and privacy.
McBride, who is currently a state senator from Delaware, will be the first openly transgender woman to serve in Congress.
The ACLU said that, "Everyone should have access to these spaces, no matter their gender identity or gender expression. If you can't use the restroom, you can't fully participate in work, school, and public life."
Upcoming Legislation and Trends
The surge of anti-trans laws in 2024 is not the end of legislative efforts impacting transgender rights.
According to the ACLU, at least 125 bills with anti-trans provisions have been introduced in state legislatures this year. Many are advancing toward passage in states that have already implemented similar laws, such as Texas, Florida, and Tennessee.
Education remains a significant focus for new bills, with upcoming measures aiming to extend bans on LGBTQ+ discussions from K-12 to public colleges and universities. Some states are also considering laws requiring schools to disclose the sexual orientation or gender identity of students which could endanger the privacy and safety of LGBTQ+ youth.
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