Here’s how legislation in every state affects trans youth
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Here’s how legislation in every state affects trans youth
Child holding the rainbow flag against the blue sky.
On the surface, Americans and their legislators accept and understand LGBTQ+ individuals more now than even a decade ago. The Supreme Court’s 2015 decision to legalize same-gender marriage remains one of the most tangible and significant wins for LGBTQ+ rights—yet many Americans continue to have complex (and sometimes contradictory) views on transgender issues, suggesting much of the growing acceptance of LGBTQ+ people has not extended to the trans community.
Trans, nonbinary, and gender-nonconforming people have long been marginalized in the U.S., both through legislation dating as far back as mid-19th century anti-cross-dressing laws and through cultural representation, such as the long-standing portrayal of trans characters as villains in film and television.
More recently, after several decades of increased visibility and some legislative wins for the LGBTQ+ community in the aftermath of Stonewall, a wave of conservative backlash targeting trans rights has fully materialized. Already as of March 2023, there are over 400 bills targeting transgender rights active across 46 state legislatures. Nineteen anti-trans laws have been passed since the beginning of the year, according to the Trans Legislation Tracker. Within the past several years, however, one group within the trans community has become the center of what many have dubbed the most recent moral panic: trans youth.
Legislation specifically targeting transgender youth began cropping up in state legislatures in 2020. By 2021, laws claiming to “protect children” from the “dangers” of gender-affirming medical care entered the cultural zeitgeist in earnest—claims that are flatly contradicted by leading scientists and medical organizations’ findings that this type of care is not only safe but medically necessary. Some proposed legislation goes as far as naming parental support for a young person’s gender-affirming care as child abuse and gives the state the right to take trans children away from their parents.
While anti-trans youth legislation outnumbers legislation to protect trans youth, several states have enacted or are considering laws intended to protect trans children. In August 2022, California passed a law providing refuge and gender-affirming care to families escaping anti-trans youth legislation. Colorado—formerly known as the “Hate State” for its history of passing anti-LGBTQ+ legislation throughout the 90s—made history when it passed legislation in January 2023 protecting gender-affirming medical care as an essential health benefit, becoming the first state to do so. In 2022, Hawaii passed legislation that requires health insurance companies to cover gender-affirming care deemed medically necessary.
Stacker took a look at state-by-state data from the Movement Advancement Project on sexual orientation and gender identity policies that affect transgender youth. All 50 states and Washington D.C. were then ranked by their total policy tallies—the number of laws and policies driving equality for LGBTQ+ people—with #51 being the most restrictive state and #1 being the most protective state for trans youth. Tallies are compared to totals from 2022 and ties are broken, when possible, by the tally for gender-inclusive laws and policies. Negative tallies mean more discrimination laws exist than protection laws.
The Movement Advancement Project’s policy tally only accounts for passed legislation in each state. It does not take into account activism efforts, public sentiment, or whether these laws are implemented, all of which can potentially differ from the legislative actions of elected officials. Major categories of laws analyzed include “Relationship and Parental Recognition, Nondiscrimination, Religious Exemptions, LGBTQ Youth, Health Care, Criminal Justice, and Identity Documents.” Both gender identity and sexual orientation policy tallies are included since many trans individuals are also impacted by sexual orientation legislation.
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#51. Tennessee
Tennessee Capitol building.
– Overall LGBTQ-related laws and policies tally: -10.50 (4.5 point decrease from 2022)
— Gender identity policy tally: -8.75 (3 point decrease)
— Sexual orientation policy tally: -1.75 (1.5 point decrease)
Kristi Blokhin // Shutterstock
#50. Alabama
Flags at Alabama Capitol.
– Overall LGBTQ-related laws and policies tally: -9.50 (5.5 point decrease)
— Gender identity policy tally: -7.50 (4 point decrease)
— Sexual orientation policy tally: -2.00 (1.5 point decrease)
Joseph Sohm // Shutterstock
#49. South Dakota
South Dakota Capitol building.
– Overall LGBTQ-related laws and policies tally: -5.50 (1 point decrease)
— Gender identity policy tally: -5.00 (1 point decrease)
— Sexual orientation policy tally: -0.50 (no change)
W. Scott McGill // Shutterstock
#48. Arkansas
Arkansas Capitol building.
– Overall LGBTQ-related laws and policies tally: -5.00 (0.5 point increase)
— Gender identity policy tally: -4.50 (0.5 point increase)
— Sexual orientation policy tally: -0.50 (no change)
Joseph Sohm // Shutterstock
#47. Oklahoma
Flags at Oklahoma State Capitol building.
– Overall LGBTQ-related laws and policies tally: -4.00 (1 point decrease)
— Gender identity policy tally: -6.00 (1 point decrease)
— Sexual orientation policy tally: 2.00 (no change)
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#46. Mississippi
Mississippi Capitol building.
– Overall LGBTQ-related laws and policies tally: -4.00 (0.5 point decrease)
— Gender identity policy tally: -4.00 (1 point decrease)
— Sexual orientation policy tally: 0.00 (0.5 point increase)
Nagel Photography // Shutterstock
#45. Louisiana
Senate chamber at Louisiana State Capitol building.
– Overall LGBTQ-related laws and policies tally: -3.50 (1 point decrease)
— Gender identity policy tally: -4.50 (1 point decrease)
— Sexual orientation policy tally: 1.00 (no change)
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#44. South Carolina
South Carolina State house.
– Overall LGBTQ-related laws and policies tally: -2.50 (2 point decrease)
— Gender identity policy tally: -4.50 (3 point decrease)
— Sexual orientation policy tally: 2.00 (1 point increase)
CrackerClips Stock Media // Shutterstock
#43. Texas
Flags flying in front of the Texas Capitol dome.
– Overall LGBTQ-related laws and policies tally: 0.00 (0.5 point decrease)
— Gender identity policy tally: -2.75 (0.5 point decrease)
— Sexual orientation policy tally: 2.75 (no change)
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#42. Georgia
Georgia State Capitol building.
– Overall LGBTQ-related laws and policies tally: 0.50 (1 point increase)
— Gender identity policy tally: -1.50 (1.5 point increase)
— Sexual orientation policy tally: 2.00 (0.5 point decrease)
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#41. Missouri
House of Representative chamber in Missouri State Capitol building.
– Overall LGBTQ-related laws and policies tally: 1.75 (1 point increase)
— Gender identity policy tally: -2.75 (no change)
— Sexual orientation policy tally: 4.50 (1 point increase)
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#40. Arizona
Arizona Capitol Building.
– Overall LGBTQ-related laws and policies tally: 3.25 (1 point increase)
— Gender identity policy tally: -3.00 (0.5 point increase)
— Sexual orientation policy tally: 6.25 (0.5 point increase)
Nagel Photography // Shutterstock
#39. Wyoming
Wyoming Capitol building.
– Overall LGBTQ-related laws and policies tally: 3.25 (1.5 point increase)
— Gender identity policy tally: 0.25 (1 point increase)
— Sexual orientation policy tally: 3.00 (0.5 point increase)
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#38. Florida
Florida Capitol building.
– Overall LGBTQ-related laws and policies tally: 3.25 (2.5 point decrease)
— Gender identity policy tally: 0.00 (2 point decrease)
— Sexual orientation policy tally: 3.25 (0.5 point decrease)
Jacob Boomsma // Shutterstock
#37. Nebraska
Nebraska State Capitol building.
– Overall LGBTQ-related laws and policies tally: 4.00 (no change)
— Gender identity policy tally: -1.25 (no change)
— Sexual orientation policy tally: 5.25 (no change)
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#36. Montana
Montana State Capitol building.
– Overall LGBTQ-related laws and policies tally: 4.50 (0.5 point increase)
— Gender identity policy tally: -0.50 (no change)
— Sexual orientation policy tally: 5.00 (0.5 point increase)
Nagel Photography // Shutterstock
#35. Idaho
Idaho State Senate chamber at Idaho Capitol building.
– Overall LGBTQ-related laws and policies tally: 5.25 (1.5 point increase)
— Gender identity policy tally: 1.00 (1.5 point increase)
— Sexual orientation policy tally: 4.25 (no change)
Sean Pavone // Shutterstock
#34. Indiana
Indiana State Capitol building.
– Overall LGBTQ-related laws and policies tally: 6.00 (0.5 point decrease)
— Gender identity policy tally: 0.25 (1 point decrease)
— Sexual orientation policy tally: 5.75 (0.5 point increase)
Sean Pavone // Shutterstock
#33. West Virginia
West Virginia Capitol building.
– Overall LGBTQ-related laws and policies tally: 7.50 (3.5 point increase)
— Gender identity policy tally: 2.00 (3.5 point increase)
— Sexual orientation policy tally: 5.50 (no change)
Nagel Photography // Shutterstock
#32. Kansas
House of Representative chamber in Kansas State Capitol building.
– Overall LGBTQ-related laws and policies tally: 7.75 (no change)
— Gender identity policy tally: 3.50 (0.5 point increase)
— Sexual orientation policy tally: 4.25 (0.5 point decrease)
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#31. Kentucky
Kentucky Senate chamber at State Capitol building.
– Overall LGBTQ-related laws and policies tally: 9.25 (1 point decrease)
— Gender identity policy tally: 1.50 (1.5 point decrease)
— Sexual orientation policy tally: 7.75 (0.5 point increase)
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#30. Alaska
Alaska State Capitol building.
– Overall LGBTQ-related laws and policies tally: 10.25 (7.5 point decrease)
— Gender identity policy tally: 5.00 (4 point decrease)
— Sexual orientation policy tally: 5.25 (3.5 point decrease)
Mihai_Andritoiu // Shutterstock
#29. Ohio
Ohio State Capitol building.
– Overall LGBTQ-related laws and policies tally: 10.75 (1 point increase)
— Gender identity policy tally: 4.25 (0.5 point increase)
— Sexual orientation policy tally: 6.50 (0.5 point increase)
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#28. North Carolina
North Carolina State Capitol Building.
– Overall LGBTQ-related laws and policies tally: 12.75 (7 point increase)
— Gender identity policy tally: 6.00 (5 point increase)
— Sexual orientation policy tally: 6.75 (2 point increase)
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#27. Utah
Utah State Capitol building.
– Overall LGBTQ-related laws and policies tally: 12.75 (1.5 point decrease)
— Gender identity policy tally: 5.25 (1 point decrease)
— Sexual orientation policy tally: 7.50 (0.5 point decrease)
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#26. North Dakota
North Dakota State Capitol building.
– Overall LGBTQ-related laws and policies tally: 14.75 (3 point increase)
— Gender identity policy tally: 5.75 (1.5 point increase)
— Sexual orientation policy tally: 9.00 (1.5 point increase)
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#25. Pennsylvania
Pennsylvania State Capitol building.
– Overall LGBTQ-related laws and policies tally: 16.50 (1 point increase)
— Gender identity policy tally: 9.75 (0.5 point increase)
— Sexual orientation policy tally: 6.75 (0.5 point increase)
Grindstone Media Group // Shutterstock
#24. Iowa
Iowa State Capitol building.
– Overall LGBTQ-related laws and policies tally: 17.50 (0.5 point increase)
— Gender identity policy tally: 6.50 (0.5 point increase)
— Sexual orientation policy tally: 11.00 (no change)
Suzanne Tucker // Shutterstock
#23. Wisconsin
Wisconsin State Capitol building and fountain.
– Overall LGBTQ-related laws and policies tally: 18.50 (0.5 point increase)
— Gender identity policy tally: 5.25 (no change)
— Sexual orientation policy tally: 13.25 (0.5 point increase)
Nagel Photography // Shutterstock
#22. Michigan
House of Representatives chamber of the Michigan State Capitol building.
– Overall LGBTQ-related laws and policies tally: 21.50 (2.5 point increase)
— Gender identity policy tally: 12.75 (1.5 point increase)
— Sexual orientation policy tally: 8.75 (1 point increase)
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#21. Virginia
House of Representatives chamber of the Virginia State Capitol building.
– Overall LGBTQ-related laws and policies tally: 25.50 (0.5 point decrease)
— Gender identity policy tally: 14.50 (no change)
— Sexual orientation policy tally: 11.00 (0.5 point decrease)
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#20. New Mexico
New Mexico State Capitol building.
– Overall LGBTQ-related laws and policies tally: 28.50 (0.5 point increase)
— Gender identity policy tally: 15.00 (0.5 point increase)
— Sexual orientation policy tally: 13.50 (no change)
Nagel Photography // Shutterstock
#19. Delaware
Delaware State Capitol building.
– Overall LGBTQ-related laws and policies tally: 29.00 (3.75 point increase)
— Gender identity policy tally: 15.25 (2.5 point increase)
— Sexual orientation policy tally: 13.75 (1.25 point increase)
Wangkun Jia // Shutterstock
#18. New Hampshire
New Hampshire State Capitol building.
– Overall LGBTQ-related laws and policies tally: 29.50 (2 point increase)
— Gender identity policy tally: 14.50 (0.5 point increase)
— Sexual orientation policy tally: 15.00 (1.5 point increase)
Felix Lipov // Shutterstock
#17. Maryland
Maryland State Capitol building.
– Overall LGBTQ-related laws and policies tally: 30.75 (1 point increase)
— Gender identity policy tally: 17.00 (0.5 point increase)
— Sexual orientation policy tally: 13.75 (0.5 point increase)
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#16. Rhode Island
Rhode Island State Capitol building.
– Overall LGBTQ-related laws and policies tally: 33.00 (0.5 point increase)
— Gender identity policy tally: 17.00 (1 point increase)
— Sexual orientation policy tally: 16.00 (0.5 point decrease)
Nagel Photography // Shutterstock
#15. Hawaii
Interior of the Hawaii State House of Representatives chamber.
– Overall LGBTQ-related laws and policies tally: 33.50 (2.5 point increase)
— Gender identity policy tally: 17.50 (1.5 point increase)
— Sexual orientation policy tally: 16.00 (1 point increase)
Randy Runtsch // Shutterstock
#14. Minnesota
Minnesota State Capitol building.
– Overall LGBTQ-related laws and policies tally: 34.00 (0.5 point increase)
— Gender identity policy tally: 18.75 (0.5 point increase)
— Sexual orientation policy tally: 15.25 (no change)
Belikova Oksana // Shutterstock
#13. Massachusetts
Massachusetts State Capitol building.
– Overall LGBTQ-related laws and policies tally: 35.00 (1.5 point increase)
— Gender identity policy tally: 17.50 (0.25 point increase)
— Sexual orientation policy tally: 17.50 (1.25 point increase)
Moab Republic // Shutterstock
#12. Illinois
Interior of the Senate Chamber of the Illinois State Capitol.
– Overall LGBTQ-related laws and policies tally: 35.50 (0.5 point increase)
— Gender identity policy tally: 18.50 (0.5 point increase)
— Sexual orientation policy tally: 17.00 (no change)
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#11. Washington
Washington State Capitol in Olympia.
– Overall LGBTQ-related laws and policies tally: 37.25 (0.5 point increase)
— Gender identity policy tally: 20.00 (no change)
— Sexual orientation policy tally: 17.25 (0.5 point increase)
James Curzio // Shutterstock
#10. Oregon
Oregon State Capitol building in spring.
– Overall LGBTQ-related laws and policies tally: 37.50 (1 point increase)
— Gender identity policy tally: 20.00 (0.5 point increase)
— Sexual orientation policy tally: 17.50 (0.5 point increase)
Sean Pavone // Shutterstock
#8. Vermont (tie)
Vermont State Capitol building.
– Overall LGBTQ-related laws and policies tally: 37.50 (1.5 point increase)
— Gender identity policy tally: 19.50 (1 point increase)
— Sexual orientation policy tally: 18.00 (0.5 point increase)
Orhan Cam // Shutterstock
#8. Washington D.C. (tie)
Pennsylvania Avenue and US Capitol.
– Overall LGBTQ-related laws and policies tally: 37.50 (1.5 point increase)
— Gender identity policy tally: 19.50 (0.5 point increase)
— Sexual orientation policy tally: 18.00 (1 point increase)
Sean Pavone // Shutterstock
#7. Connecticut
Connecticut State Capitol building.
– Overall LGBTQ-related laws and policies tally: 38.00 (0.5 point increase)
— Gender identity policy tally: 20.00 (no change)
— Sexual orientation policy tally: 18.00 (0.5 point increase)
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Nagel Photography // Shutterstock
#6. New Jersey
House of Representatives chamber of the New Jersey State House.
– Overall LGBTQ-related laws and policies tally: 38.50 (1.5 point increase)
— Gender identity policy tally: 21.00 (1 point increase)
— Sexual orientation policy tally: 17.50 (0.5 point increase)
Wangkun Jia // Shutterstock
#5. New York
New York State Capitol building in Albany.
– Overall LGBTQ-related laws and policies tally: 39.50 (0.5 point increase)
— Gender identity policy tally: 21.00 (0.5 point increase)
— Sexual orientation policy tally: 18.50 (no change)
Wangkun Jia // Shutterstock
#3. Maine (tie)
Maine State Capitol building.
– Overall LGBTQ-related laws and policies tally: 39.50 (2.5 point increase)
— Gender identity policy tally: 20.50 (2 point increase)
— Sexual orientation policy tally: 19.00 (0.5 point increase)
Jacob Boomsma // Shutterstock
#3. Nevada (tie)
Nevada Capital of Carson City.
– Overall LGBTQ-related laws and policies tally: 39.50 (1.5 point increase)
— Gender identity policy tally: 20.50 (no change)
— Sexual orientation policy tally: 19.00 (1.5 point increase)
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#2. Colorado
Colorado State Capitol building in Denver.
– Overall LGBTQ-related laws and policies tally: 41.50 (2 point increase)
— Gender identity policy tally: 21.25 (0.5 point increase)
— Sexual orientation policy tally: 20.25 (1.5 point increase)
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Sundry Photography // Shutterstock
#1. California
California State Capitol building.
– Overall LGBTQ-related laws and policies tally: 41.75 (2.5 point increase)
— Gender identity policy tally: 21.75 (1 point increase)
— Sexual orientation policy tally: 20.00 (1.5 point increase)
