Background
Over the past two years, 25 US states have introduced bills aimed at restricting access to gender-affirming medical care for minors, with some already enacted into law. These bills claim to protect trans youth but actually undermine their healthcare choices, parental rights, and physicians’ ability to provide necessary care. Major medical societies oppose these bills, citing evidence-based guidelines for transgender patient care. Legal challenges are mounting against these laws, highlighting the ongoing debate over transgender rights and healthcare access in the United States.
Recent Progress In Anti-Transgender Bill
In the past two years, legislators in 25 US states have introduced bills aimed at restricting access to gender-affirming medical care for minors. Such laws have already been enacted in Alabama, Arkansas, and Arizona. Despite their purported goal of protecting transgender youth, these laws actually hinder access to medically necessary care. Major medical organizations, including The American Medical Association, The American Academy of Pediatrics, The American Psychiatric Association, and The American Academy of Child & Adolescent Psychiatry, have explicitly opposed these measures.
The bills and laws are criticized for being grounded in false claims about standards of care and health outcomes for individuals with gender dysphoria, as well as for relying on inaccurate and biased representations of the evidence base.
Here’s how State bills and laws suggested restricting transgender teens from getting medical care that affirms their gender in 2021 and 2022.
| State | Bill and its key points |
| Arizona | A bill introduced in 2021, SB1511, sought to broaden the definition of child abuse by including certain gender-affirming medical and surgical procedures. The bill aimed to criminalize physicians who provide such care to minors. Additionally, SB1138, which was enacted in 2022, prohibits the provision of gender-affirming surgical care to transgender minors. These legislative efforts reflect a trend in some states to restrict access to gender-affirming healthcare for young transgender individuals. |
| Alabama | Bills introduced in 2021 (HB1/SB10) and enacted in 2022 (HB266/SB184) aim to criminalize certain gender-affirming medical or surgical procedures for transgender adolescents. Additionally, these laws require school staff to disclose the gender identity of transgender youth to their parents. This legislative action represents an effort to restrict access to gender-affirming care and infringe upon the privacy of transgender students in the state. |
| Florida | Bills introduced in 2021 (HB935) and 2022 (HB211) seek to criminalize the offering of certain gender-affirming medical and surgical treatments to transgender adolescents. This legislation represents a significant restriction on the rights of transgender youth to access essential healthcare services tailored to their needs. |
| Georgia | HB401, proposed in 2021, aims to criminalize the administration of gender-affirming medical and surgical treatments to transgender adolescents. Additionally, it establishes a civil claim against medical practitioners who offer such care to transgender minors. |
| Kentucky | HB253/SB84, introduced in 2022, imposes civil liability and disciplinary action on healthcare professionals who provide certain gender-affirming medical and surgical treatments to transgender adolescents. Moreover, it forbids the utilization of public funds for gender-affirming care for minors. |
| Louisiana | Both HB575 (2021) and HB570 (2022) aim to criminalize specific gender-affirming medical or surgical treatments for transgender adolescents. Additionally, these bills restrict school staff from withholding information about a minor’s gender identity from their parents or legal guardians. They establish civil liability for both providers and parents who violate these provisions. Furthermore, these bills prohibit the use of public funds for gender-affirming care for minors. |
| North Carolina | SB514 (2021) proposes severe consequences for medical professionals offering certain gender-affirming medical or surgical treatments to transgender adolescents, including revocation of their healthcare license and potential civil liability. The bill also restricts the use of public funds for gender-affirming care and mandates government employees to disclose the gender identity of transgender youth to their parents in written form. Additionally, it prohibits the utilization of public funds for gender-affirming medical or surgical care. |
| Arkansas | HB1570/SB347 (enacted 2021) bans certain gender-affirming medical or surgical treatments for transgender adolescents and bars the use of public funds for such care. Despite the governor’s veto, the bill became law after the state legislature overrode his decision. |
| Ohio | HB 454 (2021) blocks the administration of gender-affirming medical and surgical treatments to transgender minors. It exposes healthcare providers to potential loss of their medical licenses and civil liability. Additionally, the bill restricts the use of public funds for gender-affirming care for transgender minors. |
Court Rulings And Legislatures On Transgender Youth Rights
Last week, three significant court rulings in the United States addressed laws affecting transgender youth, marking the first involvement of the U.S. Supreme Court in a ban on gender-affirming care. Many Republican-controlled states have enacted laws banning gender-affirming healthcare and transgender girls’ participation in sports, sparking legal challenges.
In Ohio, a judge halted a law set to ban gender-affirming care for minors and transgender girls’ sports participation, citing concerns over violating the state’s single-issue requirement. The ban’s enforcement is paused for two weeks pending further legal proceedings.
The Supreme Court allowed Idaho to enforce its ban on gender-affirming healthcare for minors, marking the first time the issue reached the highest court. However, the ruling did not address the ban’s constitutionality, focusing instead on procedural matters.
Arkansas faced a federal court ruling blocking its ban on gender-affirming care, with the case currently under appeal. Similar laws in Kentucky and Tennessee are also subject to legal challenges.
Meanwhile, Republican-led states continue to introduce legislation targeting transgender individuals. Tennessee lawmakers advanced a bill requiring schools to notify parents if their child identifies as transgender, joining other states with similar laws already in place.
The governor of Arizona has signed a bill prohibiting gender-affirming medical treatment for transgender minors and has also approved a ban on transgender individuals participating in sports corresponding to their gender identity
Arizona’s Republican Governor Doug Ducey signed two bills into law targeting transgender youth when he was governor One law restricts access to gender-affirming health care for minors, while the other prohibits transgender athletes from participating in women’s and girls’ sports teams at certain schools. The health care ban, SB 1138, prohibits irreversible gender reassignment surgery for individuals under 18, with exceptions for intersex individuals. The sports ban applies to public and private school teams competing against public schools, ensuring that teams designated for females are not open to students of the male sex. Ducey’s approval of these laws follows similar actions by other GOP governors, with Oklahoma also passing a sports ban earlier on Wednesday. The measures have faced backlash from LGBTQ advocates, who argue that they further marginalize transgender youth and could lead to serious harm. Legal challenges against the health care ban are expected, similar to those in other states like Arkansas and Tennessee.
The legal landscape surrounding gender-affirming care and transgender rights remains complex, with ongoing battles in both courts and legislatures across the states including Arizona.