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2021: Wave Of Harmful State-Level Legislation Targeting Transgender Students

Ashley Underwood, Senior Researcher | Fact Sheets

2021: Wave Of Harmful State-Level Legislation Targeting Transgender Students

Background 

In summer 2020, the Alliance Defending Freedom (ADF) revealed another attempt to codify transphobia when it announced its federal lawsuit against the Connecticut Interscholastic Athletic Conference (CIAC). ADF represented parents of cisgender female students who were against CIAC’s inclusive policy that rightfully permits transgender student athletes to participate on teams aligned with their gender identity. This federal challenge sparked transphobic state-level legislation across the country which similarly sought to prohibit transgender student athletesfrom participating on sports teams aligned with their gender identity. 

Additionally, these sports-focused bans coincided with an introduction of state-level legislation seeking to restrict transgender communities’ access to healthcare; with an acute focus on minors’ access to gender affirming care. As the Human Rights Campaign has made note, 2021 marks the highest number of anti-transgender bills in history. Thus far there have been more than 80 anti-transgender bills introduced in the 2021 legislative session, many of which are the result of coordinated efforts led by national anti-LGBTQIA+ hate groups. 

This fact sheet was originally offered on March 24, 2021 and updated on November 19, 2021. 

States Jeopardizing The Wellbeing Of Transgender Youth 

Alabama: The “Vulnerable Child Compassion and Protection Act”, introduced as companion bills HB1 and SB 10, belies its name, as this bill would prohibit medical providers from providing gender affirming medical care for minors and require school officials to disclose sensitive information students may share with trusted adults regarding their gender identities and expression. 

Status: HB 1 passed out of the House Judiciary Committee but had no subsequent action. SB 10 passed out of both the Senate Healthcare and House Health Committee(s),but did not have subsequent action before the state’s legislative session finished. 

Alaska: SB 140 would require student athletes to participate on teams that are not aligned with their gender identity. 

Status: This bill was introduced and referred to the Education Committee on May 12, 2021. There has been no additional action since then. 

Arkansas: HB 1570, “Save Adolescents From Experimentation (SAFE) Act” characterizes gender affirming therapy as experimentation and grossly incorporates unfounded scientific claims that transgender youth are confused, being transgender is a mental health disorder, and that gender affirming therapy results in mental health crises and suicides. It also cites medical providers’ referral for gender affirming care as “unprofessional conduct subject to discipline”, thus jeopardizing the livelihood of healthcare workers who wish to provide inclusive care. SB 347prohibits gender affirming therapy for anyone under 18, places healthcare providers at risk for suspension of their licenses, and classifies the provision of gender affirming care as a Class D felony. SB 354, “Create The Fairness In Women’s Sports Act”, targets female transgender student athletes and seeks to exclude them from female sports. 

Status: Although Governor Asa Hutchinson vetoed HB 1570 on April 5, 2021, the legislature voted to override the veto. HB 1570 is now Act 626—which was blocked from enactment by a federal judge in a preliminary ruling on July 21, 2021. On March 25, 2021, Gov. Hutchinson signed SB 354 into law, and it is now known as Act 461. 

Arizona: SB 1637 would prohibit student athletes that are trans girls from participating on sports teams aligned with their gender identity. If a student disputed the rule, they would have to submit a signed physician’s statement which indicates their reproductive anatomy, hormone levels, and genetic makeup. SB 1511 would classify gender affirming care performed by a healthcare professional as child abuse. 

Status: SB 1637 was introduced and referred to committee on June 30, 2021. There has not been subsequent action thereafter. SB 1511 was introduced and assigned to both the HHS and Rules Committees on February 1, 2021 but has had no subsequent action thereafter. 

Connecticut: SB 324 provides civil immunity for sports organizations and private youth organizations that enact discriminatory policies requiring transgender student athletes participate on teams misaligned with their gender identity. 

Status: On January 25, 2021, SB 324 was referred to the Joint Committee on Judiciary. There has been no subsequent action since then. 

Florida: HB 935 criminalizes healthcare professionals for providing transgender minors gender affirming healthcare. HB 1475, the “Fairness in Women’s Sports Act” requires the exclusion of female transgender student athletes from female sports teams. The “Fairness in Women’s Sports Act” was also tacked onto SB 1028, which included language on a broad collection of school related policies. 

Status: On April 30, 2021, HB 935 failed in the Professions & Public Health Subcommittee. On April 30, 2021 HB1475 failed in the Senate Rules Committee, however its companion bill SB 1028 was signed into law by Governor Ron DeSantis on June 1, 2021. 

Georgia: SB 266, “Save Girls’ Sports Act” makes it illegal for public and private schools to grant participation rights for transgender female students to play with their peers on interscholastic and intramural athletic teams. It also grants special rights, such as the reward of attorney fees, to parents of cisgender female students who wish to enforce the discriminatory policy through legal action. HB 401 would criminalize physicians for providing gender affirming care to minors.

Status: On March 3, 2021, the Senate Education and Youth Committee approved SB 266, but there was no subsequent action thereafter. HB 401 was introduced on February 10, 2021 but there was no subsequent action thereafter.

Hawaii: HB 1304 would prohibit trans girl student athletes from participating on teams aligned with their gender identity. 

Status: This bill was introduced on January 27, 2021 and referred to committees on February 1, 2021. There has been no subsequent action thereafter. 

Illinois: HB 4082 prohibits trans girl student athletes from participating on sports aligned with their gender identity and requires parents to verify the student’s biological sex in a written statement. 

Status: This bill was introduced and referred to the Rules Committee on May 13, 2021. There has been no subsequent action thereafter. 

Indiana: HB 1505 and SB 224 would prohibit physicians from providing gender affirming healthcare to minors. 

Status: HB 1505 was introduced and referred to the Public Health Committee on January 14, 2021 and there has been no subsequent action thereafter. SB 224 was introduced and referred to the Health and Provider Services Committee on January 7, 2021 and there has been no subsequent action therafter. 

Iowa: HF 184 would prohibit student athletes that are trans girls from participating on sports teams aligned with their gender identity. If a student disputed the rule, they would have to submit a signed physician’s statement which indicates their reproductive anatomy, hormone levels, and genetic makeup. HF 334, “Save Women’s Sports Act”, misgenders transgender girls and (1) calls for promulgation of biased and discriminatory policies against trans student-athletes (2) prohibits complaints and investigations of such policies (3) mandates sanctions for schools which choose inclusivity (4) calls for a new policy to be created for public and private institutes of higher learning to mandate all intercollegiate and intramural sports teams to enact similarly biased and discriminatory policies without room for investigations and complaints. The Iowa legislature introduced two bills targeting minors access to gender affirming care: HF 193 would make it a crime for physicians to provide such care, HF 327 mandates the informed consent physicians would give to minors seeking gender affirming care and their parents/guardian and HF 341amends the timeframe for patients to act upon medical malpractice incurred from receipt of gender affirming care, which can be interpreted as a way to intimidate healthcare providers. 

Status: HF 184 was introduced and referred to the Education Committee on January 22, 2021 but has had no subsequent action thereafter. HF 334 was introduced on February 2, 2021 and referred to the Education Committee but has had no subsequent action thereafter. On February 2, 2021 HF 327 was introduced and referred to the Human Resources Committee where it remains. HF 193 was introduced on January 22, 2021 and referred to the Human Resources Committee where it remains. HF 341 was introduced on February 2, 2021 and referred to the Judiciary Committee where it remains. 

Kansas: SB 208 specifically seeks to exclude female transgender student athletes from participating on female sports teams. HB 2210 and its companion SB 214 would make it a crime for physicians to provide gender affirming care to minors.

Status: SB 208 passed out of the Senate on March 17, 2021, but on March 23, 2021, the House Committee on Education hearing for the bill was canceled. No subsequent action was made. HB 2201 was introduced and referred to the Committee on Health and Human Services on February 3, 2021 but no subsequent action was made. SB 214 was introduced on February 10, 2021 and referred to the Judiciary Committee on February 11, 2021 but no subsequent action was made. 

Kentucky: Language in the “Save Women’s Sports Act”, SB 106, and its companion bill HB 471, misgenders transgender girls and (1) calls for promulgation of biased and discriminatory policies against trans student athletes (2) prohibits complaints and investigations of such policies (3) mandates sanctions for schools which choose inclusivity (4) calls for a new policy to be created for public and private institutes of higher learning to mandate all intercollegiate and intramural sports teams to enact similarly biased and discriminatory policies without room for investigations and complaints. HB 477 would mandate minors get parental consent before receiving any form of gender affirming care. HB 336  would make it a criminal act for healthcare professional to provide gender affirming care to minors.

Status: SB 106, HB 471, HB 477 and HB 336 failed to move out of their respective committees during the 2021 legislative session. 

Louisiana: HB 542 titled the “Fairness in Women’s Sports Act” requires schools to discriminate against trans girl student athletes who wish to participate in sports teams aligned with their gender identity and provide immunity from legal action for schools enforcing the discriminatory policy. SB 104 would require minors to get the consent of their parent, guardian, or caretaker to receive any gender affirming care. HB 575 would prohibit minors’ access to gender affirming care and require school officials to disclose information related to a minor’s gender identity and expression. 

Status: On April 12, 202,1 HB 542 was referred to the Committee on Education and the bill was considered by the committee on May 4, 2021 but there have been no subsequent action since then. On April 12, 2021, SB 104 was referred to the Committee on Health and Welfare and considered by the committee on April 28,2021. HB 575 was introduced on April 2, 2021 and referred to committee on April 12, 2021. Louisiana’s 2021 regular session ended on June 10, 2021 so all of these bills are considered dead.  

Maine: LD 926 misgenders female transgender youth and prohibits their participation in female sports at all levels of education. 

Status: LD 926 failed to move forward during the 2021 legislative session.  

Michigan: SB 218 would require that public schools adopt and enforce a discriminatory policy that defines sex assigned at birth as the only consideration for participating on sports teams; specifically prohibiting transgender student athletes from participating on teams aligned with their gender identity. 

Status: On March 10, 2021, SB 218 was introduced and referred to the Committee on Education and Career Services. The bill has had not subsequent action since then. 

Minnesota: HF 1657 misgenders female transgender student athletes and prohibits them from participating on female sports teams, using female changing facilities, and goes one step further by seeking to charge transgender students who participate on female teams with a petty misdemeanor.

Status: On February 25, 2021, HF 1657 was referred to the Education Policy Committee. Additional authors have joined the bill but there has been no other subsequent action. 

Mississippi: On March 11, Governor Tate signed into law SB 2536, the “Mississippi Fairness Act”. This bill requires school-based teams under the National Collegiate Athletic Association (NCAA), National Association of Intercollegiate Athletics (NAIA), and National Junior College Athletic Association (NJCAA) to designate athletic teams according to “biological sex”—which can be assumed to mean the gender assigned at birth. It also requires NCAA, NAIA, and NJCAA teams to provide “special protection” for schools which maintain separate athletic teams for cisgender girls. SB 2171 gives parents permission to withhold consent for gender affirming care from their children, prohibits physicians from providing gender affirming care to minors, and  protects transphobia under the guise of religious freedom. 

Status: SB 2536 was signed into law on March 11, 2021. SB 2171 was introduced on January 8, 2021 but failed in committee on February 2, 2021.

Missouri: HB 1045 would require transgender student athletes wishing to play on the school’s official sports team to do so on teams misaligned with their gender identity; and in a weak attempt at inclusivity, the bill permits transgender students to participate in extramural sports team aligned with their gender identity. SB 442 and HB 33seeks to remove professional licenses from healthcare providers and report parents/guardians to child protective services for providing and/or permitting gender affirming care for transgender youth. House Joint Resolution 53seeks to amend the state’s constitution to include language which excludes female transgender students from participating on girls’ sports teams. 

Status: On February 18, 2021, HB 1045 was referred to the Emerging Issues committee, where it remains. SB 442 was referred to committee on February 25, 2021 with no subsequent action aside from a hearing held March 10, 2021. On May 12, 2021, HB 33 failed a motion to pass. On April 8, 2021 the Committee on Rules – Administrative Oversight voted to pass HJR 53, but there has been no subsequent action since then. 

Montana: HB 112 mandates transgender student athletes to participate on sports teams not aligned with their gender, and HB 427 would prohibit gender affirming surgical care, without restrictions for nonsurgical gender affirming therapy such as puberty blockers. HB 113 would prohibit hormone therapy and gender affirming surgical care for minors.

Status: Governor Greg Gianforte signed HB 112 into law on May 7, 2021. HB 427 was indefinitely postponed in the Senate. HB 113 failed a motion to reconsider on January 27, 2021. 

New Hampshire: HB 198 is “an act relative to an exception to the opportunity for public education without discrimination” that specifically seeks to exclude female transgender student athletes from anti-discrimination clauses set to protect students within public schools. On March 16, 2021, the bill was retained, meaning it won’t pass this year but has the possibility to do so next year.

Status: On October 14, 2021 the House Education Committee voted the bill as “inexpedient to legislate”, which effectively stopped HB 198. 

New Jersey: S 3540, “Fairness in Women’s Sport Act” would prohibit student athletes that are trans girls from participating on sports teams aligned with their gender identity. If a student disputed the rule, they would have to submit a signed physician’s statement which indicates their reproductive anatomy, hormone levels, and genetic makeup. Its companion bill is A 5545

Status: S 3540 was introduced on March 11, 2021 and referred to the Education Committee. There has been no subsequent action thereafter. A 5545 was introduced on May 5, 2021 and referred to the Education Committee. Similarly to its companion, there has been no subsequent action thereafter. 

New Mexico: HB 304, “Women’s Sports Protection Act,” would prohibit trans girl student athletes from participating on sports teams aligned with their gender. 

Status: This bill was introduced on February 18, 2021 and considered by the Consumer and Public Affairs committee on February 25, 2021 but had no subsequent action thereafter.

North Carolina: HB 358, “Save Women’s Sports Act,” calls for all public middle and high school athletic teams to be organized based on sex assigned at birth and specifically targets transgender girls. North Carolina is the 30th state to introduce a “Save Women’s Sports” Act. SB 514 would severely impede minors’ access to gender affirming care and make it possible for medical professionals’ licenses to be revoked for providing such care. 

Status: On March 22 this bill was introduced and considered by several committees but there has been no action on the bill since April 26, 2021. SB 514 was introduced on April 5, 2021 and referred to committee the next day. There has been no subsequent action thereafter. 

North Dakota: Rep. Ben Koppelman (R-West Fargo) and Sen. Janne Myrdal (R-Edinburg) co-sponsored HB 1298, which would bar trans athletes from competing on teams that align with their gender identity. Koppelman is a policymaker signatory on Promise to America’s Children, a national coalition led by several influential anti-trans organizations, including the Alliance To Defend Freedom. Myrdal is the previous director of North Dakota’s chapter of Concerned Women for America. 

Status: Governor Doug Burgum vetoed HB 1298 on April 21, 2021. Although the House voted to override the veto, the Senate did not have enough votes to override the veto and therefore voted to sustain it on April 22, 2021. HB 1298 was filed with the Secretary of State on April 27, 2021. 

Ohio: HB 61, co-sponsored by Rep. Jena Powell (R) and Rep. Reggie Stoltzfus (R), and SB 132 , sponsored by Sen. Kristina Roegner (R), are companion bills introduced in February 2021 and March 2021 respectively. Both pieces of legislation were introduced as "Save Women's Sports Act", a title seen in other states that have introduced similar legislation. HB 454 seeks to define the provision of gender affirming care for minors as unprofessional conduct subject to discipline by licensing entities, bar Medicaid from covering gender transition procedures for minors, ban state-funded healthcare services and providers from providing gender transition procedures for minors, and prohibit school staff from encouraging students to protect themselves and their privacy as it relates to their gender identity. 

Status: On February 4, 2021 HB 61 was sent to the Primary and Secondary Education Committee, where it remains. On March 17, 2021 SB 132 was sent to the Workforce and Higher Education Committee where it remains. On October 26, 2021 HB 454 was sent to the Families, Aging, and Health Services Committee where it remains. 

Oklahoma: SB 676 would make it a felony to provide gender-affirming healthcare to anyone younger than 21. 

Status: On February 2, 2021, SB 676 was referred to the Health and Human Services Committee and the Appropriations Committee. Aside from additional senators coauthoring the bill there has been no subsequent actions. 

Pennsylvania: HB 972, “Fairness in Women’s Sports Act”, targets female transgender student athletes and seeks to exclude them from female sports. 

Status: HB 972 was introduced and referred to the Education Committee on April 5, 2021. 

South Carolina: HB 4047 would prohibit transgender youth from accessing gender-affirming medical care and force school officials to essentially “out” transgender students to their parents.

Status: On March 9, 2021, HB 4047 was moved to the Judiciary Committee and has had no subsequent action since then. 

South Dakota: The South Dakota legislature passed HB 1217, which would “require student athletes across the state to sign a document stating their biological sex” and specifically target transgender girl student athletes. 

Status: Governor Kristi Noem did not sign HB 1217 into law, but instead sent it back to the legislature for style and form changes as an effort to remove collegiate athletics from the bill to avoid economic consequences that could stem from losing opportunities to host sanctioned sporting events. The changes did not survive the legislature and the bill had no additional movement.

Tennessee: HB 0003 and its companion bill SB 0228 require transgender student athletes in public middle and high schools to participate on sports teams misaligned with their gender identity. HB 0578 and its companion bill SB 0657 prohibit prepubescent children from accessing gender affirming care, require parents and guardians to have three physicians approve gender affirming care for their children who have already entered puberty, punish violations of the bill as child abuse, and classify violations by healthcare providers as professional misconduct. HB 1027 and its companion SB 0126 prohibits gender affirming medical care for prepubescent minors.

Status: Governor Bill Haslam signed SB 0228 into law on March 26, 2021. On November 24, 2021, Lambda Legal alongside the ACLU and ACLU of Tennessee filed a lawsuit on behalf of a transgender student hoping to join their high school’s golf team. HB 0578 passed out of the Criminal Justice Committee and has been in the Health Committee since April 14, 2021. On April 11, 2021 SB 0657 was referred to the Judiciary Committee and has had no subsequent action since then. SB 0126 was signed by Gov. Haslam and enacted on May 21, 2021. 

Texas: During its 87th Legislature, including special sessions, there were 16 bills introduced which sought to codify discriminatory policy towards transgender student athletes (SB 2HB 25HB 96SB 40HB 100HB 102HB 274SB 32HB 185HB 187HB 212HB 179HB 90,        SB 29HB 1458HB 3455 ). There were 17 bills introduced which sought to codify restrictions on gender affirming care for minors as well as prevent minors from making legal changes in alignment with their gender identity (HB 133HB 38SB 22SB 23SB 39SB 70HB 181SB 66HB 166HB 89SB 18HB 2693,  SB 1311HB 1399SB 1646HB 4014SB 1148).

Status: Of the 33 bills introduced during the 87th Legislature, the majority did not gain enough traction to move beyond their assigned committees. However, Governor Greg Abbott did sign into law HB 25—which requires trans student athletes to participate on teams that are not aligned with their gender identity. 

Utah: HB 302 mandates schools “designate athletic activities by biological sex”, specifically excludes transgender female student athletes from competing with their peers and prohibits complaints and investigations of this discriminatory policy. 

Status: HB 302 and a later version of the bill failed in the Senate but likely would have been vetoed by Governor Spencer Cox if it had made it to his desk during the 2021 legislative session. Representative Kera Birkeland, sponsor of the original bill, announced her plan to reintroduce the bill during the next Utah Legislature which convenes in January 2022. 

Washington: HB 1556 would require student athletes to provide birth certificates as a prerequisite for participation and prohibit trans girls from participating on teams aligned with their gender identity. 

Status: This bill was introduced on March 18, 2021 and has had no subsequent action thereafter.

West Virginia: HB 2676 seeks to classify participation of K-12 school-based sports events according to gender assigned at birth. HB 3293 prohibits transgender girls and women from participating on teams aligned with their gender identity for any interscholastic, intercollegiate, intramural, club athletic teams or sports that are sponsored by any public secondary school or a state institution of higher education. HB 2171 would prohibit minors, even those who are emancipated, from accessing gender affirming care and make it a felony for healthcare professions to provide such care. 

Status: HB 2676 was sent to the House Education committee and did have subsequent action. HB 3293 was signed into law by Governor Jim Justice on April 28,2021. A federal judge temporarily blocked the law on July 21, 2021. HB 2171 was introduced and referred to the Health and Human Resources Committee on February 10, 2021 but there hasn’t been any action thereafter. 

Wisconsin: SB 322 would prohibit public, private, and charter school student athletes that are trans girls from participating on sports teams aligned with their gender identity. SB 323 would duplicate the rule for student athletes at the University of Wisconsin and technical colleges. 

Status: Both bills were introduced and referred to committees on April 22, 2021. On October 19, 2021 both bills were listed as “available for scheduling”. 

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