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Overview of over 300 anti-LGBTQ+ bills in 2022

As Republican politicians continue to push for limits to LGBTQ+ rights, many LGBTQ+ people & their allies promise to continue fighting

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Graphic via The Human Rights Campaign

In May 2021, the Human Rights Campaign (HRC) officially announced the worst year for anti-LGBTQ+ legislation in recent history. At the time, state lawmakers introduced over 250 bills – from anti-Trans sports legislation to religious refusal measures – in statehouses across the country, 17 of which were enacted into law. 

Now, LGBTQ+ rights in states seem to be taking even more of a hit. According to HRC, over 300 anti-LGBTQ+ bills have surfaced in 36 Legislatures. As the legislation increases – 41 such measures were introduced in 2018 – so does the number of bills passed and enshrined into state law, though LGBTQ+ advocates often challenge the laws in court.  

The legislation overwhelmingly targets Trans youth, according to the organization, from blocking participation in sports to baring access to gender-affirming care. Lawmakers have also attempted, and in some cases passed, legislation limiting how LGBTQ+ issues can be taught in schools and keeping Trans kids from using restrooms that correspond with their gender identity. 

“2022 is on track to surpass last year’s record number of anti-transgender bills,” Cathryn Oakley, state legislative director and senior counsel at the HRC, told the Blade, calling the “legislative attacks” on Trans youth “craven, baseless, and an effort to create more division, fearmonger, and rile up radical right-wing voters at the expense of innocent kids.”

Proponents of the bills say they are to “protect” parental rights, children and religious freedom. However, LGBTQ+ advocates and people continue to denounce the legislation as discriminatory and harmful. 

This year, one of the most talked-about anti-LGBTQ+ measures was Florida’s so-called “Don’t Say Gay” bill, which Republican Gov. Ron DeSantis signed into law last month. The legislation will ban classroom instruction about sexual orientation and gender identity in grades K-3 if it survives legal challenges. 

Days after DeSantis signed the bill, the first lawsuit against the measure emerged, arguing the statute “would deny to an entire generation that LGBTQ people exist and have equal dignity.”

“This effort to control young minds through state censorship —and to demean LGBTQ lives by denying their reality — is a grave abuse of power,” the lawsuit says.

Since Republican sponsors successfully pushed the bill through, other states have followed in Florida’s footsteps. Ohio, for example, introduced its version of the legislation roughly a week after DeSantis’ signature. 

In Alabama, Republican Gov. Kay Ivey signed an anti-Trans bathroom bill with a last-minute amendment to keep educators from discussing gender identity and sexual orientation in grades K-5. Ivey didn’t stop there, also signing a bill that would ban gender-affirming care for minors. 

Like Florida, LGBTQ+ advocates were quick to announce legal challenges to the legislation. Some of the most prominent LGBTQ+ and civil rights organizations – including the HRC, GLAD and Southern Poverty Law Center (SPLC) – announced a legal challenge in federal court against Alabama’s gender-affirming care ban. 

In terms of legislation introduced, Tennessee has far outpaced other states, according to LGBTQ+ rights organization Freedom for All Americans. The group’s legislative tracker found over 30 bills limiting LGBTQ+ rights in the state – including a “Don’t Say Gay” bill and a ban on LGBTQ-themed literature in schools. But, unlike other Republican-controlled states, none have made it out of the statehouse. 

Arizona has also been a hotspot for anti-LGBTQ+ legislation, with at least 17 bills, according to Freedom for All Americans. In March, Republican Gov. Doug Ducey signed two bills limiting the rights of Trans people in the state – one banning some types of medical care for Trans youth, and the other preventing Trans students from participating in school sports consistent with their gender identity.

“Across the country, moderate Republicans are struggling—and too often failing—to stop the takeover of their party by dangerous extremists,” Shannon Minter, legal director for the National Center for Lesbian Rights (NCLR), told the Blade at the time, adding: “We are in danger of watching large segments of our nation give way to authoritarian extremism.”

In other states, anti-LGBTQ+ legislation became law without support from its governor – Democratic or Republican. In fact, two Republican governors vetoed anti-Trans sports bills in late March.  

Anti-LGBTQ+ Bills in 2022 (Graphic via The Human Rights Campaign)

Utah Gov. Spencer Cox and Indiana Gov. Eric Holcomb, both Republicans, vetoed legislation that barred Trans youth from participating in sports. Cox said the bill had “several fundamental flaws and should be reconsidered,” while Holcomb said the measure was in search of a problem. 

In the end, however, the Utah House overturned Cox’s veto days later. Holcomb’s veto still stands. 

“This [Utah] bill focuses on a problem of ‘fairness’ in school sports that simply does not exist — but its negative impacts on the mental health and well-being of trans and nonbinary youth are very real,” said Sam Ames, director of advocacy and government affairs at The Trevor Project. “These youth already face disproportionate rates of bullying, depression, and suicide risk, and bills like this one will only make matters worse.”

In recent weeks, two Democratic governors vetoed anti-LGBTQ+ legislation from their Republican-controlled legislatures. 

Kentucky Democratic Gov. Andy Beshear vetoed legislation that would ban Trans girls from playing on sports teams in Kentucky schools that match their gender identities from sixth grade through college. GOP lawmakers quickly overturned the decision

“Shame on the Kentucky General Assembly for attacking trans kids today,” said Chris Hartman, executive director for the Fairness Campaign. Shame on our commonwealth’s lawmakers for passing the first explicitly anti-LGBTQ law in Kentucky in almost a decade.” 

Kansas Democratic Gov. Laura Kelly vetoed last weekend two anti-LGBTQ+ measures, the “Parents’ Bill of Rights” and the “Fairness in Women’s Sports” Acts. 

GOP lawmakers in Idaho decided last month to effectively kill a bill criminalizing gender-affirming care, one of the most extreme proposals in the country. It would have made it a felony — punishable by up to life in prison — to provide minors with hormones, puberty blockers or gender-affirming surgery.

In a statement, Idaho Senate Republicans said they “stongly” oppose “any and all gender reassignment and surgical manipulation of the natural sex” on minors. But they also wrote that the controversial legislation “undermines” a parent’s right to make medical decisions for their children.  

“We believe in parents’ rights and that the best decisions regarding medical treatment options for children are made by parents, with the benefit of their physician’s advice and expertise,” the senators wrote. 

Texas is one of the 14 states with no anti-LGBTQ+ legislation, as the state only holds legislative sessions in odd years. However, the Lone Star State has made headlines for anti-Trans orders from Republican Gov. Greg Abbott. 

Abbott, in February, directed the Texas Department of Family and Protective Services (DFPS) to investigate reports of gender-affirming care on minors as “child abuse.” The order followed an official opinion from state Attorney General Ken Paxton that called the treatment a form of “child abuse” under Texas law. 

Since, two Texas judges have ruled against the policy – one in district court and the other after an appeal. Still, Paxton vows to keep fighting for the order in court. 

But even as Republican politicians continue to push for limits to LGBTQ+ rights, many LGBTQ+ advocates, people and allies promise to continue fighting against the discriminatory efforts – whether in court or on the streets. 

“The Human Rights Campaign strongly condemns these harmful, potentially life-threatening bills and will continue to use every tool at our disposal to fight for the rights of transgender youth and all LGBTQ+ people,” Oakley said.

In a January 2022 poll by The Trevor Project, an organization that provides crisis intervention and suicide prevention services to LGBTQ youth under 25, and Morning Consult, over two-thirds of LGBTQ youth said recent debates over state laws that target transgender people have negatively impacted their mental health.

 “These results underscore how recent politics and ongoing crises facing the globe can have a real, negative impact on LGBTQ young people, a group consistently found to be at significantly increased risk for depression, anxiety and attempting suicide because of how they are mistreated and stigmatized in society,” Amit Paley, CEO of The Trevor Project, said in a statement.

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Congress

Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage

Roughly 1.8 million LGBTQ Americans rely on Medicaid

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

The “Big, Beautiful Bill” heads to President Donald Trump’s desk following the vote by the Republican majority in the U.S. House of Representatives Thursday, which saw two nays from GOP members and unified opposition from the entire Democratic caucus.

To partially offset the cost of tax breaks that disproportionately favor the wealthy, the bill contains massive cuts to Medicaid and social safety net programs like food assistance for the poor while adding a projected $3.3 billion to the deficit.

Policy wise, the signature legislation of Trump’s second term rolls back clean energy tax credits passed under the Biden-Harris administration while beefing up funding for defense and border security.

Roughly 13 percent of LGBTQ adults in the U.S., about 1.8 million people, rely on Medicaid as their primary health insurer, compared to seven percent of non-LGBTQ adults, according to the UCLA School of Law’s Williams Institute think tank on sexual orientation and gender identities.

In total, the Congressional Budget Office estimates the cuts will cause more than 10 million Americans to lose their coverage under Medicaid and anywhere from three to five million to lose their care under Affordable Care Act marketplace plans.

A number of Republicans in the House and Senate opposed the bill reasoning that they might face political consequences for taking away access to healthcare for, particularly, low-income Americans who rely on Medicaid. Poorer voters flocked to Trump in last year’s presidential election, exit polls show.

A provision that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation — reportedly after the first trans member of Congress, U.S. Rep. Sarah McBride (D-Del.) and the first lesbian U.S. senator, Tammy Baldwin (D-Wis.), shored up unified opposition to the proposal among Congressional Democrats.

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Congress

Ritchie Torres says he is unlikely to run for NY governor

One poll showed gay Democratic congressman nearly tied with Kathy Hochul

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U.S. Rep. Ritchie Torres (D-N.Y.) (Washington Blade photo by Michael Key)

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”

“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”

Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.

Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.

To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.

A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).

Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”

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Congress

House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms

Congressional Equality Caucus sharply criticized move

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Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.

Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.

The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).

The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”

“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.

They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).

“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”

“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.

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