Harper Seldin, He/Him, Staff Attorney, LGBTQ & HIV Project , ACLU

Trans youth are once again under attack in state legislatures across the country. This year, dozens of proposed bills would require schools to out trans students against their will, regardless of any harmful consequences at school or at home. These forced outing bills claim to protect parents’ rights, but they do no such thing. Instead, these bills endanger trans students, who have the right not to be outed and to be treated with dignity and respect at school.

Trans Students Have a Right Not to Be Outed Without Their Consent

People — children and adults — have a constitutional right not to have intimate facts about their lives disclosed without their consent. That includes their sexual orientation, HIV status, or whether they are transgender. Children do not give up their constitutional rights by enrolling in public school. Students also have rights under federal law to keep certain information private, and not to have that information revealed without their consent. But forced outing bills are designed to do exactly that: reveal private information about trans students, regardless of whether the student consents or whether they may suffer negative or harmful consequences at school or at home from that disclosure.

Not All Trans Youth Are Safe at Home

Many parents may hope their children will come to them first with questions about gender and sexuality. But not every child has that option. Youth who are transgender face a real risk of rejection by the adults who are supposed to care for them when they disclose their gender identity. Trans people are much more likely to be abused by their immediate family based on their gender identity, and high risks of abuse and family rejection mean trans youth are overrepresented in foster care homes, juvenile detention centers, and homeless shelters. These high rates of familial rejection and abuse dramatically increase the risks of suicidality, substance abuse, and depression. Not every child can be their true selves at home without risking their physical or emotional well-being.

School May Be the Only Place Where Trans Youth Can Be Themselves

In addition, many supportive parents may want their children to be able to safely explore their identity without being worried that information will be disclosed against their will, and to have a safe space to ask questions they may be uncomfortable asking at home. For trans youth, especially those who cannot be safe at home, school may be one of the few places to be themselves. Trans youth thrive when they are affirmed in their gender identity, which includes being called by a name and pronouns that reflect who they are. When trans youth are supported at home, they can become the happy, confident children their parents hoped they would be. As trans youth themselves report, living as their true selves transforms their lives for the better. Many schools across the country recognize that a supportive learning environment requires treating trans students with dignity and respect, including (at a minimum) calling them by the name and pronouns they want to use.

Forced Outing Endangers Trans Youth; It Does Not Protect Parental Rights

Forced outing bills are not about parents’ rights: they are designed to harm trans students. Parents have a fundamental right to raise their children, including making important choices like whether to homeschool or enroll in public school. And the ACLU vigorously defends parents’ rights to raise their children, including the rights of LGBTQ parents, and parents’ rights to seek necessary and life-saving care for their children.

But none of those fundamental parental rights are protected by forced outing bills. Parents do not have a constitutional right to be told whenever their child uses a name or pronoun that is not typically associated with the child’s assigned sex at birth. Lawmakers know that —that’s why some of these forced outing bills explicitly do not require parental notification when a student asks to be called by their middle name, or a shortened version of their first name. Instead, these bills require schools to notify parents if someone at school thinks a student might be trans, based on gender nonconformity or a request to use a different name or pronoun.

Forced outing bills are meant to harm trans students, and in the process, hurt everyone: Some of these bills require parental notification any time a student acts in a way that doesn’t fit the school’s view of how a boy or a girl should act or dress. These kinds of laws don’t strengthen families; they just hurt kids, and especially trans youth.

Date

Thursday, January 26, 2023 - 11:15am

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Gillian Branstetter, Communications Strategist

Since 2015, political attacks against LGBTQ people have grown exponentially in state legislatures across the country. The ACLU has launched a nationwide tracking system to publicly document and categorize anti-LGBTQ bills introduced in state legislatures, and guide users to learn more about efforts to protect LGBTQ people and the right to safe, inclusive schools and communities.

The goal of this page is to help advocates, organizers, and allies take action against these bills while also revealing these proposals for what they are: a coordinated and political attack on LGBTQ people nationwide.

Q: How does the ACLU track anti-LGBTQ bills?

A: Our legal and advocacy team uses a bill-tracking service and works with ACLU affiliates and local organizations across the country to monitor state legislatures for bills targeting the rights of LGBTQ people. Each bill is reviewed by legal staff at the ACLU’s LGBTQ & HIV Project before being categorized on this site.

Q: What is the ACLU doing to stop these bills?

The ACLU’s first priority in this work is stopping any anti-LGBTQ bill from becoming law by working alongside our affiliates and coalition partners, building relationships with grassroots activists, direct engagement with lawmakers, and educating the broader public about the harms of these attacks. Because of this hard work, most proposed anti-LGBTQ bills never become law.

Bills that do become law may face a legal challenge from the ACLU, its affiliates, or one of our many partners across the LGBTQ rights movement. In recent years, the ACLU has challenged bills across the country restricting access to gender-affirming health care, barring trans people from updating identity documents, and denying transgender students equal access to school facilities and activities, as well as defending inclusive policies from political and legal attacks.


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Q: How are anti-LGBTQ bills categorized?

A: Each bill is assigned one or more categories based on its focus and issue matter. These include:

Health Care Access

Lawmakers are targeting access to medically-necessary health care for transgender people. Many of these bills ban affirming care for trans youth, and can even create criminal penalties for providing this care. These bills exempt identical treatments offered to cisgender youth and even surgeries forced onto intersex youth. Other bills block funding to medical centers that offer gender-affirming care, or block Medicaid or other insurance coverage of health care for transgender people.

Public Accommodations

Everyone should have access to spaces like restrooms and locker rooms, no matter their gender identity or gender expression, but these bills prohibit transgender people from using facilities like public restrooms and locker rooms. If you can’t use the restroom, you can’t fully participate in work, school, and public life.

Schools and Education

State lawmakers are trying to prevent trans students from participating in school activities like sports, force teachers to out students, and censor in-school discussions of LGBTQ people and issues. Instead of limiting resources, education, and opportunities, our schools should protect and support all students to learn and thrive.

Free Speech and Expression

Despite the safeguards of the First Amendment’s right to free expression, politicians are fighting to restrict how and when LGBTQ people can be themselves, limiting access to books about them and trying to ban or censor performances like drag shows.

Access to Accurate IDs

These bills attempt to limit the ability to update gender information on IDs and records, such as birth certificates and driver’s licenses. This puts transgender people at risk of losing jobs, facing harassment, and other harms. Trans, intersex, and nonbinary people need IDs that accurately reflect who they are to travel, apply for jobs, and enter public establishments without risk of harassment or harm.

Weakening Civil Rights Laws

These bills attempt to undermine and weaken nondiscrimination laws by allowing employers, businesses, and even hospitals to turn away LGBTQ people or refuse them equal treatment.

Other Anti-LGBTQ Bills

These bills don’t quite fit in any of the other categories, but nonetheless target the rights of LGBTQ people. Examples include bans on marriage and bills preempting local nondiscrimination protections.

Q: What makes a bill an “anti-LGBTQ” bill?

A: Each bill is reviewed by ACLU legal staff and designated an anti-LGBTQ bill based on its text, potential impact, and restrictions or intrusions based on sexual orientation or gender identity. Most of these bills may not use words like “gay” or “transgender” in their text but nonetheless aim directly to restrict the rights, safety, or liberty of LGBTQ people.

Not included on this page are bills and proposals which may have a disparate impact on LGBTQ people but are not directly targeted at LGBTQ people. Restrictions on abortion access, for example, have a disparate impact on LGBQ women and many transgender people, but will not be tallied on this page at this time. Click here to learn more about the ACLU’s work to expand reproductive freedom and abortion access.

Q: Where can I find data on anti-LGBTQ bills from previous years?

A: Legislative tallies from previous years can be found here.

Q: How can I take action against these anti-LGBTQ bills?

A: You can use our tracking system to see what’s happening in your state, and sign this legislative action petition to stay up to date on state legislative attacks on trans rights, reproductive freedom, and more.

Date

Monday, January 23, 2023 - 4:00pm

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