It’s already a record year for anti-2SLGBTQ bills in the U.S. Here are some of the rights rolling back | CBC News

There’s already been a bombardment of bills put forward in U.S. state legislatures so far this year affecting the rights of two-spirit, lesbian, gay, bisexual, transgender and queer people — and there are few signs of the onslaught easing up. 

Groups tracking such legislation have documented hundreds of bills affecting 2SLGBTQ people: the American Civil Liberties Union (ACLU) lists at least 474 bills on its tracking website, while the Trans Legislation Tracker has a tally of 541.

There are a range of restrictions affecting gender-affirming care for minors — even for adults in some cases — bathroom use, identification, drag performances and education. Dozens of these bills have already passed and been signed into law, though court challenges have prevented some from going into effect.

Wednesday is the International Day Against Homophobia, Transphobia and Biphobia, meant to honour the strength and resilience for 2SLGBTQ communities and the ongoing pursuit of equal rights worldwide. 

But this year it will be marked with a renewed fight for their rights as many U.S. legislatures roll back what advocates say is years of progress.

Here are some of the strictest and most controversial laws enacted across the U.S. so far this year.

Watch | States offering refuge from anti-transgender legislation:

Country divided: The emergence of transgender refuge states | About That

U.S. politicians have introduced hundreds of bills targeting transgender people and their rights. Where are they protected? Activist Erin Reed joins About That with Andrew Chang to talk through a map she created to help.

Restricting gender-affirming care

Utah was the first state in 2023 to put a law on the books banning puberty-blockers, hormone therapy and surgery for transgender people under that age of 18. A total of 16 states have banned gender-affirming care for minors at this point in year.

Legislation hasn’t just increased in number; in several states, some have increased in severity. 

In Alabama, Arkansas and Idaho, physicians and other gender-affirming care providers could be convicted of a felony for offering care to a minor, even though it’s considered rare.

In Idaho, it could lead to a 10-year prison sentence. It’s a similar punishment in Alabama, though the age limit is 19 in that state compared to 18 in most other states that passed such legislation. The penalty is up to 15 years in Arkansas.

In Florida, gender-affirming care for youth is already banned but will soon be a criminal offence as well, once Gov. Ron DeSantis signs recently passed legislation into law. The state could also temporarily take custody away from a parent “in certain child custody enforcement proceedings” if a child “has been subjected to or is threatened with being subjected to sex reassignment prescriptions or procedures,” the legislation reads.

Texas began conducting “child abuse” investigations into parents believed to be seeking gender-affirming care for their children last year, at the behest of the state’s attorney general, until a court injunction halted such investigations last September. 

Efforts to put restrictions on gender-affirming care are not just limited to care provided to minors. Missouri lawmakers considered extending the age limit for gender-affirming care to anyone under 25. They have already passed legislation that would prevent such care being covered by Medicaid in the state.

Banning bathroom access

The everyday rights of transgender and gender-diverse people are coming under threat as well, with laws that limit access to bathrooms. 

Florida Gov. DeSantis is poised to sign a bill, passed on May 3, that could see people charged with a misdemeanor if they use a restroom or changing room — be it in a school, a health-care facility, public shelter or private business — that doesn’t correspond to their assigned sex at birth.

Kansas enacted a similarly sweeping bathroom bill earlier this year that is set to go into effect this summer. 

Personal pronouns

A number of states have enacted measures against recognizing someone’s preferred pronouns. Preferred pronouns represent the gender a person identifies with, something that is seen as an important sign of respect and affirmation for transgender and gender diverse people — especially young people. 

North Dakota Gov. Doug Burgum signed a bill on May 8, that went into effect immediately, allowing teachers to ignore the preferred pronouns of transgender and gender-diverse students. State government employees are also permitted to reject their co-workers’ preferred pronouns. 

Lawmakers in Florida, Arkansas, Indiana and Montana have also passed bills that allow teachers and classmates to ignore a student’s preferred pronouns without penalty. 

Risks to representation

Some states, like Missouri, have attempted to enact restrictions on school and public libraries over books related to gender identity and sexual orientation, but Oklahoma’s governor went after the statewide public broadcaster.

Gov. Kevin Stitt vetoed funding last month for the Oklahoma Education Television Authority — the most-watched PBS station in the country, according to CNN —  until 2026 over 2SLGBTQ-inclusive programming he claimed was contributing to the “indoctrination and over-sexualization of children.”

The station could go dark later this year unless the legislature overrides his decision.

Drag performances have also come under threat, especially in Tennessee. It was the first state in the country to enact a measure aimed at “male of female impersonators,” which has been widely interpreted as being directed at drag performers.

Watch | Drag performances become a target:

Drag performances in U.S. becoming target of threats and attacks

Drag performances, especially all ages events, have become a target for the extreme right across the U.S., with performers and show organizers facing violent threats, online harassment and in some cases even attacks.

The law would forbid drag performances, lumped under the term “adult-oriented performances,” where they could be viewed by minors. Any bar or facility hosting such performances could not be within 300 metres of child care facility, a private, public, or charter school, a public park, family recreation centre, a residence, or a place of worship.

A first violation would be a misdemeanor that could result in a fine up to $2,500 and possible jail time up to 11 months; a subsequent offence would qualify as a felony which could be punishable with a fine of up to $3,000 US and up to six years in prison. 

A federal judge temporarily blocked the state’s law criminalizing drag performances, in some circumstances, hours before it went into effect on April 1. The injunction was extended until May 26.