Nico Lang

A Relentless Wave of Anti-LGBTQ Legislation Is Threatening Trans People’s Right to Exist

A Relentless Wave of Anti-LGBTQ Legislation Is Threatening Trans People’s Right to Exist

All of these types of proposals, no matter what age groups they single out, have a chilling effect on virtually any conversation regarding trans or queer identities in K–12 classrooms. Florida’s law and the copycat bills that are being pushed across the US are so vaguely worded that they have created mass confusion among teachers, students, and school districts, with little clarity provided by state leaders.The “Don’t Say Gay” statute in Florida, for instance, required that all instruction on LGBTQ+ subjects be “age-appropriate” without defining what that means, and school districts have interpreted it broadly to avoid potential lawsuits. Some Florida districts have banned trans-inclusive children’s books like Call Me Max and I Am Jazz from school libraries to avoid infringing on Florida’s laws. Others have reportedly ordered teachers to remove all books from their personal classroom collections.Other states are trying to prevent trans students from using campus restrooms and locker rooms that match their identities, as lawmakers simultaneously continue to limit sports participation for trans and non-binary youth. In addition to the 18 trans sports bans already in place, 25 states are attempting to prevent trans students from competing on sports teams that align with their gender, compromising 56 bills in total, an American Civil Liberties Union (ACLU) spokesperson tells SELF. Passing restrictive drag bans that threaten trans people’s right to exist in publicIn 2023 alone, at least 35 bills have been introduced in 16 states that seek to restrict drag performances, a Human Rights Campaign spokesperson tells SELF.This month, Tennessee became the first state in US history to restrict drag shows, and LGBTQ+ people and allies are concerned that the mandate—and others like it across the country—could have devastating consequences for trans people. Tennessee’s SB3, which was signed into law by Republican Governor Bill Lee on March 3, prohibits “adult cabaret entertainment” from taking place on public property or in any venue where a minor could conceivably be present. Those who violate the statute face a Class A misdemeanor on the first offense and a Class E felony upon subsequent infractions. This means drag entertainers could face a sentence of between one and six years in prison—in addition to a maximum fine of $3,000—for performing at an all-ages drag brunch or reading to children at Drag Story Hour events, both of which have already faced violent threats from far-right and white supremacist groups.While the law specifically takes aim at drag performances, critics have warned that these bills could be used to penalize gender nonconformity. Nebraska’s version of the Tennessee drag ban, LB371, defines drag as any performance in which individuals exhibit a gender presentation “that is different than the performer’s gender assigned at birth using clothing, makeup, or other physical markers,” which could potentially prohibit actors from performing in a local community theater production of Mrs. Doubtfire, make it illegal for trans people to sing karaoke at a bar, and make it virtually impossible for Pride parades as we know them to take place. The Nebraska bill goes so far as to outlaw drag events from being held within 1,000 feet of a “child care facility, park, place of worship, playground, public library, recreational area or facility, residence, school, or walking trail,” making it extremely difficult for LGBTQ+ people to find any community space at all.

More Anti-Trans Bills Have Been Introduced in 2021 Than Any Year in History

More Anti-Trans Bills Have Been Introduced in 2021 Than Any Year in History

This story originally appeared on them. 
Less than three months into the new year, Republican lawmakers have already introduced a record number of anti-trans bills across the country.
According to a report published Monday by Axios, at least 73 pieces of legislation have already been put forward in state legislatures targeting members of the transgender community. Of those proposals, 65 specifically single out trans youth, such as bills prohibiting the kinds of medical care doctors can offer trans minors and others seeking to limit the participation of trans student athletes in school sports. The latter make up the vast majority of right-wing bills focused on trans youth (41 bills in 2021 so far).

Notable examples include legislative efforts by South Dakota and Mississippi, both of which passed bills in the past week blocking trans girls from competing in school athletics in accordance with their gender identity. After being approved by their respective Houses and Senates, their governors have vowed to sign them.

These would be the first bills of their kind to become law in the U.S. after numerous attempts to pass anti-trans sports bills in previous years. In 2019, a bill targeting trans student athletes failed in the South Dakota House by just one vote.

According to Axios, the momentum reflects an explosion in the number of anti-trans bills pushed by conservative lawmakers in recent years. Per the website’s tracking numbers, 54 pieces of legislation were introduced in 2020 seeking to discriminate against members of the community, marking a 35% increase in just a year’s time. In 2019, 24 bills sought to deny resources and basic protections to trans youth and adults.

The surge in bills aimed at transgender youth has been especially steep. Legislation focused on young trans people comprised 41 of the discriminatory bills in 2020 and 7 in 2019. That’s a massive eightfold increase in only two years.
While Mississippi Gov. Tate Reeves suggested that the state’s Senate Bill 2536 was an answer to President Joe Biden’s recent order affirming the enforcement of LGBTQ+ protections across federal policy, others say the tidal wave of anti-trans bills is a broader political calculation. Dan Cox, the director of the conservative public policy think tank American Enterprise Institute, said that attacking trans kids “seems to be a winning issue for Republicans, at least in the places where they’re fighting it most aggressively.”
“On the Democratic side, this is not an issue that really excites the base,” he claimed in an interview with Axios. “But on the right, I think these issues are really, really salient, so it tends to fire up folks disproportionately on the right than the left.”
With a recent Associated Press story finding that almost no Republican supporters of these bills could cite examples of trans students competing in school athletics in their area, others have also noted that the issue is about energizing the GOP base. Penny Nance, president of Concerned Women for America, recently told Politico that she thinks trans student athletics is the “wedge issue that will bring suburban women back to the polls and increase their support for Republicans.”
“Republicans would be foolish not to lean into it,” Nance said.
These efforts have also been supported by far-right lobby groups like Alliance Defending Freedom, as them. has previously reported. The organization, which authored dozens of anti-trans bills in previous years, teamed up with The Heritage Foundation and Family Policy Alliance to create a website allowing Republican lawmakers to download model legislation to introduce in their state legislature.
ADF has a storied history of opposing LGBTQ+ equality. In addition to defending Masterpiece Cakeshop plaintiff Jack Phillips in court (whose refusal to create a cake for a gay couple in 2012 became the basis of a 2018 Supreme Court case), the organization has fought to defend sodomy bans, opposed the legislation of same-sex marriage, and lobbied to preserve foreign laws mandating trans sterilization.
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