Queer Youth Under Attack: The Rise in Anti-LGBTQ+ Legislation

The views expressed are those of the author and do not necessarily reflect the views of ASPA as an organization.

By Kathryn Hickey
November 11, 2024

The past four years have seen a record-breaking number of anti-LGBTQ+ bills proposed throughout the country. In 2023, there were more than 125 bans on gender-affirming care, more than 30 transgender related bathroom bills, upwards of 100 queer curriculum censorship bills and about 45 drag performance bans. Of those, 70 bills were enacted into state law. This onslaught continued in 2024 with 661 new anti-LGBTQ+ bills being proposed. While the U.S. Supreme Court ruling Obergefell v. Hodges in 2015 is considered a pivotal victory for the queer community by requiring all states recognize same-sex marriages, the number of anti-LGBTQ+ bills proposed each year proves the battle for equality is far from won.

Whereas the recent anti-LGBTQ+ laws impact everyone in the queer community, about 72 percent of all bills passed since 2015 are centered around restricting minors. This includes limiting the information they are allowed to be taught in schools, barring them from playing sports or prohibiting them from receiving gender affirming care. It is clear that queer youth are under attack in several states across the country.

Eighteen states have anti-LGBTQ+ education laws that were coined “No HomoPromo” laws. These prohibit schools from portraying homosexuality positively, actively present a homosexual lifestyle as negative or against social norms and restrict queer representation in the school’s sex curriculum. They also determine what school staff can say to students and parents. Many bills dictate that a school employee cannot address a student with a pronoun or name that is inconsistent with the biological sex unless they have written permission from the student’s guardian. Florida’s HB1557 was even coined the “Don’t Say Gay” bill due to the extreme restrictions it places on language used by school personnel.

While these bills are being framed as a positive step toward ensuring parents have a right to raise their children in a manner they see fit, the consequences could be disastrous. To give parents access to information that could help their child, these laws require staff to tell parents if there is a change in their child’s well-being. However, this includes mandating they tell a parent if a student confides that they might be gay or transgender. These bills would force counselors to break confidentiality and ethics codes by essentially “outing” students to their parents. This could put children in a dangerous situation if their family is not supportive of this information. It potentially even could lead to a rise in homeless children as a lack of parental acceptance is the leading cause of queer youth experiencing homelessness.

Along with restricting curriculum and discussions, schools also are being targeted with sports and bathroom related bills. Fifteen states have passed laws that require all multiple stall bathrooms and changing facilities in schools to be based strictly on a child’s biological sex at birth. In 24 states, sports also must be based on the student’s biological sex and anyone born a male is prohibited from playing on a team designated for women. Again, bills under this category are claimed to be for protection and child wellbeing. Many states even have named their bill the “Save Women’s Sports Act,” stressing that the law’s only intention is to create equality for women athletes. However, both bathroom and sports laws that are based on biological sex limit the options for transgender and nonbinary students, which in turn can hinder their ability to see themselves as equal members of society and ostracize them from their peers.

While many might believe that adolescents are not aware of current political strife, experts believe children are actually the most susceptible to and endangered by the messages that are sent out by anti-LGBTQ+ laws. In fact, a poll conducted by the Trevor Project found that about 94 percent of teens and kids who identify as LGBTQ+  have experienced confusion and fear caused by recent political attacks on their community. They have noted a significant decline in their own mental health because of it, as well.

Anti-LGBTQ+ laws also send a distinct message to those who do not identify as LGBTQ+. Studies find that anti-LGBTQ+ laws convey a sense of exclusion and amplify interpersonal violence because of an increase in anti-queer sentiments. This can embolden people to act, sometimes violently, on their once hidden homophobic or transphobic urges as these opinions are now considered valid and justifiable. Many young adults even believed the anti-queer harassment they have inflicted was acceptable because of society’s push for gender norms and heteronormativity. These sentiments not only make hate crimes feel acceptable to some, but also can also make them believe it is their civic duty to enact punishment on those simply for being LGBTQ+.

As states pass more bills that focus on restricting the LGBTQ+ community, it will be pressing for public administrators and policymakers to understand the effects these can have on LGBTQ+ youth. Our children are depending on us to create a society that ensures equality for all, regardless of one’s sexual orientation or gender identity.

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Author: Kathryn Hickey is a Ph.D. candidate at the University of Central Florida and a 2024 ASPA Founders’ Fellow. Kathryn’s research focuses on social equity through policy analysis.

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