The Silent Harmful Impact of Anti-Transgender Bills on Youth
D. Ojeda
Policy Advocate, National Center for Transgender Equality
In 2021, a slew of anti-transgender bills considered in states across the country has resulted in widespread public alarm. Although the majority of these bills did not pass, and several of those that did are already being challenged in the courts, the mere consideration of these anti-transgender bills inflicts cultural violence on our transgender youth. According to the Equality Federation’s Equality Tracker, about 374 anti-LGBTQ+ bills were introduced in 2021, and of those, 183 bills were specifically anti-transgender. The two most prevalent types of legislation considered that impact transgender youth were 1) anti-transgender athletic bans and 2) anti-transgender medical care bans. Out of 183 bills, there were about 93 bills that infringe on the ability of transgender students to participate in public school sports and 51 bills that prohibit gender-affirming care for transgender youth.
Anti-transgender athlete ban bills vary quite widely. Most apply to primary and secondary school, and some extend to higher education; some also include private institutions (for example, Wisconsin’s S.B. 322; South Carolina’s H4153). Many of these bills attempt to define gender based on the theory of gender essentialism, a theory that has been widely discredited and outdated. These bills force transgender student athletes to participate in sports that don’t match their authentic gender identity or quit sports altogether. These bills may also impact transgender youth’s perceptions of safety in physical education. According to GLSEN’s 2019 National School Climate Survey, about 60% of transgender youth avoid gym/physical education, 70% have reported avoiding locker rooms, and more than 80% avoid bathrooms due to fear of anti-transgender violence.”
As for anti-transgender medical bans, these insidious bills undermine health care systems and infringe on transgender youths’ access to medically necessary health care services. They impact critical aspects of health care for young people, including medical providers, mental health counselors, medication, and insurance. Most of these medical bans limit the ability of health care providers to provide gender-affirming care through fines and, in some cases, criminalization. Other bills classify gender-affirming care as child abuse, a cruel tactic that not only effectively limits medical access but endangers parental custody rights and fosters family rejection of transgender children.
Transgender communities understand that anti-transgender rhetoric too often ultimately results in violence. This was especially evident during the Trump Administration, where anti-transgender propaganda and policymaking was paired with a dramatic increase in anti-transgender violence. And in the wake of these waves of anti-transgender legislation, homicides based on transgender-related hate continue to increase. According to a report published in 2017 by the Human Rights Campaign, the Trump Administration’s hateful agenda and anti-transgender state-wide legislation contributed “to a toxic environment that puts too many of our most vulnerable citizens at risk for fatal violence.”
These political attacks in states have a profound effect on transgender youth. For example, the anti-transgender medical ban that was passed into law in Arkansas (and, for now at least, stayed by a court) was followed by increased rate of teen suicide attempts. Not only do these bills stigmatize transgender youth, but they also negatively impact protective factors that boost social interaction and self-esteem, such as access to gender affirming health care and sports activities. This results in transgender youth feeling socially isolated within their communities, even as they are subject to oppressive, anti-transgender rhetoric.
Even when states fail to pass anti-transgender legislation, the consideration of these hateful bills needlessly traumatizes transgender youth, resulting in worse psychological outcomes and potentially lifelong harm. Consequently, it is imperative the federal government and the courts make it abundantly clear that these anti-transgender bills violate both federal law and the U.S. Constitution. Only then will states cease to legislatively target this vulnerable population.