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UPDATE: With Unprecedented 18 Anti-LGBTQ Bills Enacted, 2021 Officially Becomes Worst Year in Recent History for LGBTQ State Legislative Attacks

With Anti-LGBTQ Momentum Sweeping through State Legislatures, 2021 Surpasses 2015 as Worst Year In Recent History

Detailed Breakdown of 2021 Anti-LGBTQ State Legislation Below

With an unprecedented number of anti-LGBTQ measures sweeping through state legislatures across the country, 2021 has officially surpassed 2015 as the worst year for anti-LGBTQ legislation in recent history, according to updated tracking and analysis by the Human Rights Campaign (detailed breakdown below). The previous record — set six years ago in 2015, when 15 anti-LGBTQ bills were enacted into law — was broken on Friday, as the sixteenth and seventeenth anti-LGBTQ bills were enacted into law as well as the eighteenth anti-LGBTQ bill today. In addition, 7 anti-LGBTQ bills are on governors’ desks awaiting signature or veto and several more are continuing to move through state legislatures across the country.

“The rights of LGBTQ people — and especially transgender people — across the country are being systematically threatened and undermined by national anti-LGBTQ groups coordinating with anti-equality lawmakers to wage an unprecedented war on the LGBTQ community. In fact, some of these bills are similar to or even worse than anti-LGBTQ legislation that has been rejected in previous years, including the Indiana religious refusal bill of 2015 and North Carolina’s infamous HB2. Bills that have become law so far this year range from making it a felony to provide transgender youth with life saving health care to banning transgender girls from participating in sports to erasing LGBTQ people from school curriculum to granting broad licenses to discriminate against LGBTQ people. This crisis cannot be ignored and necessitates concrete action from all those with the ability to speak out,” said Human Rights Campaign President Alphonso David. “These bills are not only harmful and discriminatory, but also represent a failure in our democracy and the commitment elected officials make to protect and serve their constituents. Now is not the time for reluctance or passivity, it is time to take urgent action to protect the basic rights and humanity of LGBTQ people in America.”

The wave of anti-LGBTQ legislation — a coordinated push led by national anti-LGBTQ groups, not local lawmakers – is part of a broader strategy to score political points with the conservative base by curtailing the rights of LGBTQ people and specifically trans youth — under the guise of responding to nonexistent and baseless threats . These bills represent a cruel effort to further stigmatize and discriminate against LGBTQ people across the country, specifically trans youth who simply want to live as their true selves and grow into who they are.

Breakdown of Anti-LGBTQ Legislation Sweeping State Legislatures in 2021

So far in 2021, eighteen anti-LGBTQ bills have been enacted into law surpassing 2015 as the worst year for anti-LGBTQ legislation in recent history (when 15 anti-LGBTQ bills were enacted into law), including:
- 7 anti-trans sports bans in Arkansas, Alabama, Tennessee, Mississippi, Montana, and West Virginia
- 4 religious refusal bills, including in Arkansas, Montana, and South Dakota
- 2 anti-LGBTQ education bills in Tennessee and Montana
- 1 anti-trans medical care ban bill in Arkansas
- 1 sham “hate crimes” bill in Arkansas
- 1 anti-all comers bill in North Dakota
- 1 anti-trans birth certificate bill in Montana
- 1 discriminatory diversity training ban bill in Oklahoma

With eighteen bills now signed into law, states have enacted more anti-LGBTQ laws this year than in the last three years combined (anti-LGBTQ bills enacted in previous years include 2 bills in 2018, 7 bills in 2019, and 4 bills in 2020).
More than 250 anti-LGBTQ bills have been introduced in state legislatures in 2021, including:
- At least 35 bills that would prohibit transgender youth from being able to access best-practice, age-appropriate, gender-affirming medical care
- At least 69 bills that would prohibit transgender youth (and in some cases college students) from participating in sports consistent with their gender identity
- At least 43 bills that would allow people to assert a religious belief as justification for failing to abide by the law or provide services to people of whom they disapprove
- At least 15 bills that would prohibit transgender people from having access to restrooms or locker rooms consistent with their gender identity

Wide range of business and advocacy groups oppose anti-trans legislation

More than 90 major U.S. corporations have stood up and spoke out to oppose anti-transgender legislation being proposed in states across the country. New companies like Facebook, Pfizer, Altria, Peloton, and Dell join companies like Amazon, American Airlines, Apple, AT&T, AirBnB, Google, Hilton, IBM, IKEA, Microsoft, Nike, Paypal, Uber, and Verizon in objecting to these bills. Four of the largest U.S. food companies also condemned “dangerous, discriminatory legislation that serves as an attack on LGBTQ+ individuals, particularly transgender and nonbinary people,” and the Walton Family Foundation issued a statement expressing “alarm” at the trend of anti-transgender legislation that has recently become law in Arkansas.
The nation’s leading child health and welfare groups representing more than 7 million youth-serving professionals and more than 1000 child welfare organizations released an open letter calling for lawmakers in states across the country to oppose dozens of bills that target LGBTQ people, and transgender children in particular.

The Human Rights Campaign is America’s largest civil rights organizations working to achieve equality for lesbian, gay, bisexual, transgender and queer people. HRC envisions a world where LGBTQ people are embraced as full members of society at home, at work and in every community.

Ten Anti-LGBTQ Bills Sit on Governors’ Desks, Poised to Undermine Rights Across the Country

As a fast and furious effort led by national groups aiming to stymie LGBTQ progress made on the national level and in many states continues to intensify, ten anti-LGBTQ bills currently sit on the desks of governors across the country waiting to be signed into law. These bills are only the latest examples of a concerted effort in state legislatures to undermine LGBTQ rights that has already resulted in the passage of several anti-LGBTQ pieces of legislation in recent months.

“State legislators across the country were elected to represent all of us, not just some of us and yet they continue to send hateful and discriminatory anti-LGBTQ bills to the desks of governors to sign into law, threatening the well-being, health, and fundamental rights of thousands of LGBTQ Americans in states from coast to coast,” said Human Rights Campaign President Alphonso David. “From anti-transgender sports bans to erasing LGBTQ people from school curriculum, these bills are driven by fear and would have a significant negative impact on the lives of so many LGBTQ people. The governors of these states are responsible for protecting their citizens, and they must refuse to sign these baseless and unconscionable cruel bills into law. Otherwise, they should and will be held accountable for the consequences.”

These bills include blatant attacks on transgender youth, including prohibiting transgender kids from participating in school sports consistent with their gender identity, allow student organizations to discriminate against LGBTQ students under the guise of free speech, erase LGBTQ people from history books, and add substantial hurdles for transgender people who want to change the gender on their birth certificate by first requiring gender-affirming surgery.

Below is a roundup of the ten anti-LGBTQ bills currently sitting on the desks of governors:

ALABAMA
- House Bill 391 – ANTI-TRANS SPORTS BILL
  - The Alabama Senate and House passed House Bill 391, an anti-transgender bill that would ban transgender youth from participating in school sports consistent with their gender identity. The bill now heads to Governor Kay Ivey’s desk for signature or veto.
ARIZONA
- Senate Bill 1456 – SEX ED PARENTAL NOTIFICATION BILL
  - The Arizona State House passed Senate Bill 1456 – discriminatory legislation that affects not only sexual education material, but all learning materials in the classroom and makes it harder for LGBTQ kids to see themselves in school curriculum.
  - The bill, which would make Arizona’s sex education laws some of the strictest in the nation when it comes to teaching about LGBTQ issues, now heads to Governor Doug Ducey’s desk for consideration.
ARKANSAS
- Senate Bill 389 – SEX ED PARENTAL NOTIFICATON BILL
  - The Arkansas Senate passed Senate Bill 389, a bill which would require a school district to notify parents before “providing a sexual orientation curriculum or gender identity curriculum” in any kind of instruction, including but not limited to education on sexuality.
  - In addition to making it harder for students kids to access sex education, it could also preclude discussion about sexuality more broadly, including in literature and history classes, for example. A district could be forced to notify parents, provide curriculum materials, and allow parents to opt students out of learning about important modern and historical events, from the A.I.D.S. epidemic to the Stonewall riots to even Supreme Court jurisprudence. This bill disproportionately disadvantages LGBTQ youth who may not have supportive families and put children at greater risk of health consequences.
KANSAS
- Kansas Senate Bill 55 – ANTI-TRANS SPORTS BILL
  - The Kansas Senate passed Senate Bill 55, an anti-transgender bill that would ban transgender girls from participating in school sports consistent with their gender identity.
MONTANA
- Senate Bill 280 – BIRTH CERTIFICATE BILL
  - The Montana Senate passed SB 280, a bill that adds substantial hurdles for transgender people who want to change the gender on their birth certificate by first requiring gender-affirming surgery.
- Senate Bill 215 – RELIGIOUS REFUSAL BILL
  - The Montana House passed SB 215, an expansive religious refusal bill that could grant a license to discriminate against Montanans and visitors, including LGBTQ people, people of faith, and women, across a wide range of goods and services in the state.
NORTH DAKOTA
- House Bill 1503 – ANTI-ALL COMERS BILL
  - Many public colleges and universities have long had “all-comers” policies that require student organizations receiving financial and other support from the institution not to discriminate against students based on race, sex, religion, sexual orientation or gender identity.
  - These policies allow all members of the student body to participate in student organizations and prevent such organizations from discriminating against students with state funding. The Supreme Court upheld these all-comers policies as constitutional in the Christian Legal Society v. Martinez decision in 2010.
  - North Dakota HB 1503, in part, undermines inclusive “all-comers” policies at North Dakota public colleges and universities, by allowing student organizations to discriminate against LGBTQ students under the guise of free speech.
- House Bill 1298 – ANTI-TRANS SPORTS BILL
  - The North Dakota Senate passed House Bill 1298, an anti-transgender bill that would ban transgender girls from participating in school sports consistent with their gender identity.
TENNESSEE
- Senate Bill 1229 – SEX ED PARENTAL NOTIFICATION
  - The Tennessee Senate passed Senate Bill 1229, a bill which would require a school district to notify parents before “providing a sexual orientation curriculum or gender identity curriculum” in any kind of instruction, including but not limited to education on sexuality.
  - In addition to making it harder for students kids to access sex education, it could also preclude discussion about sexuality more broadly, including in literature and history classes, for example. A district could be forced to notify parents, provide curriculum materials, and allow parents to opt students out of learning about important modern and historical events, from the A.I.D.S. epidemic to the Stonewall riots to even Supreme Court jurisprudence.
  - SB 389 also disproportionately disadvantages LGBTQ youth who may not have supportive families and puts children at greater risk of health consequences.
WEST VIRGINIA
- House Bill 3293 – ANTI-TRANS SPORTS BILL
  - The West Virginia Senate passed House Bill 3293, an anti-transgender bill that would ban transgender girls from participating in school sports consistent with their gender identity.

Wide range of businesses and advocacy groups oppose anti-trans legislation

More than 65 major U.S. corporations have stood up and spoken out to oppose anti-transgender legislation being proposed in states across the country. New companies like Facebook, Pfizer, Altria, Peloton, and Dell join companies like Amazon, American Airlines, Apple, AT&T, AirBnB, Google, Hilton, IBM, IKEA, Microsoft, Nike, Paypal, Uber, and Verizon in objecting to these bills.
The nation’s leading child health and welfare groups representing more than 7 million youth-serving professionals and more than 1000 child welfare organizations released an open letter calling for lawmakers in states across the country to oppose dozens of bills that target LGBTQ people, and transgender children in particular.

The NCAA opposes efforts to limit participation of transgender students

The NCAA Board of Governors released a public letter making clear that it “firmly and unequivocally supports the opportunity for transgender student-athletes to compete in college sports.” Moreover, “When determining where championships are held, NCAA policy directs that only locations where hosts can commit to providing an environment that is safe, healthy and free of discrimination should be selected.” This puts the 30 states with discriminatory anti-transgender legislation under consideration on notice that their actions will have repercussions for their states.

A fight driven by national anti-LGBTQ groups, not local legislators or public concern

These bills come from the same forces that drove previous anti-equality fights by pushing copycat bills across state houses — dangerous anti-LGBTQ organizations like the Heritage Foundation, Alliance Defending Freedom (designated by Southern Poverty Law Center as a hate group), and Eagle Forum among others.

For example, Montana’s HB 112, the first anti-transgender sports bill to be passed through a legislative chamber in any state, was worked on by the Alliance Defending Freedom.

Trans equality is popular: Anti-transgender legislation is a low priority, even among Trump voters

A new PBS/NPR/Marist poll states that 67% of Americans, including 66% of Republicans, oppose the anti-transgender sports ban legislation proliferating across 30 states.

In a 10-swing-state poll conducted by the Human Rights Campaign & Hart Research Group last fall:

At least 60% of Trump voters across each of the 10 swing states say transgender people should be able to live freely and openly.
At least 87% of respondents across each of the 10 swing states say transgender people should have equal access to medical care, with many states breaking 90% support
When respondents were asked about how they prioritized the importance of banning transgender people from participating in sports as compared to other policy issues, the issue came in dead last, with between 1% and 3% prioritizing the issue.

Another more recent poll conducted by the Human Rights Campaign & Hart Research Group revealed that, with respect to transgender youth participation in sports, the public’s strong inclination is on the side of fairness and equality for transgender student athletes. 73% of voters agree that “sports are important in young people’s lives. Young transgender people should be allowed opportunities to participate in a way that is safe and comfortable for them.”

States that pass anti-transgender legislation suffer economic, legal, reputational harm

Analyses conducted in the aftermath of previous divisive anti-transgender bills across the country, like the bathroom bills introduced in Texas and North Carolina and an anti-transgender sports ban in Idaho, show that there would be or has been devastating fallout.

The Idaho anti-transgender sports bill that passed was swiftly suspended by a federal district court. The National Collegiate Athletic Association (NCAA) came out against the Idaho bill and others like it and subsequently moved planned tournament games out of Idaho.
The Associated Press projected that the North Carolina bathroom bill could have cost the state $3.76 billion over 10 years.
During a fight over an anti-transgender bathroom bill in 2017, the Texas Association of Business estimated $8.5 billion in economic losses, risking 185,000 jobs in the process due to National Collegiate Athletic Association (NCAA) and professional sporting event cancellations, a ban on taxpayer funded travel to those states, cancellation of movie productions, and businesses moving projects out of state.