Report

The Impact of 2023 Legislation on Transgender Youth

October 2023

This study estimates the number of transgender teenagers affected by five types of laws and policies from the 2023 legislative session—gender-affirming care bans, bans on sports participation, bathroom bans, gender-affirming care “shield” laws, and conversion therapy bans.

Highlights
More than 500 anti-LGBTQ bills were introduced in state legislatures in 2023. More than half targeted trans youth.
Nearly 100,000 transgender youth live in states that banned access to health care, sports, or school bathrooms in 2023.
Thousands of transgender youth gained protections through laws that ensure access to gender-affirming care.
Data Points
105,200
trans youth live in states that ban gender-affirming care
92,700
of them live in states that passed bans in 2023

Executive Summary

The legal landscape for transgender youth shifted significantly in 2023. Nearly 500 pieces of legislation restricting the rights of LGBTQ people were introduced in state legislatures this year.1 Over half of these bills specifically targeted transgender youth.2 Although most of these bills did not pass, state legislatures enacted new laws that impact transgender youth across the country in a variety of ways.3

At the same time, a number of states moved toward creating a more supportive and accepting environment for transgender youth. In these states, legislatures and governors enacted laws and policies that support access to health care and ban harmful practices.4

This report estimates the number of transgender youth ages 13-17 who are impacted by five types of laws and policies that gained traction across several states in 2023.5  These laws and policies include those that restrict the rights of transgender youth—gender-affirming care bans, bans on sports participation, and bathroom bans—and those that support transgender youth—gender-affirming care “shield” laws and conversion therapy bans.5

Key Findings

  • 105,200 transgender youth—about one-third of transgender youth in the U.S.—live in states that ban access to gender-affirming care.
    • 92,700 transgender youth ages 13-17 live in states that passed laws banning access to gender-affirming care in 2023.
    • 26,000 transgender youth live in states with gender-affirming care bans that cannot currently be enforced due to court orders.
  • 101,500 transgender youth—about one-third of transgender youth in the U.S.— live in states that restrict access to school sports for transgender students.
    • 14,200 transgender youth ages 13-17 live in states that passed laws restricting access to school sports for transgender students in 2023.
    • 11,100 transgender youth live in four states with sports participation bans that cannot currently be enforced due to court orders.
  • 32,700 transgender youth live in states that ban transgender students from using school bathrooms and other facilities that align with their gender identity.
    • 23,600 transgender youth ages 13-17 live in states that passed laws banning transgender students from using school bathrooms and other facilities that align with their gender identity in 2023.
  • 146,700 transgender youth—about half of transgender youth in the U.S.—live in states with gender-affirming care “shield” laws.
    • 88,000 transgender youth ages 13-17 live in states that passed gender-affirming care “shield” laws in 2023.
  • 198,000 transgender youth—about two-thirds of transgender youth in the U.S.—live in states with conversion therapy bans.
    • 21,800 transgender youth ages 13-17 live in states that passed conversion therapy bans in 2023.

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The Impact of 2023 Legislation on Transgender Youth

Mapping Attacks on LGBTQ Rights in State Legislatures, ACLU, https://www.aclu.org/legislative-attacks-on-lgbtq-rights (last visited Aug. 25, 2023).

Id.

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See e.g., Conversion “Therapy” Laws, Movement Advancement Project, https://www.lgbtmap.org/equality-maps/ conversion_therapy (last visited Aug. 25, 2023); Transgender Healthcare “Shield” Laws, Movement Advancement Project, https://www.lgbtmap.org/equality-maps/healthcare/trans_shield_laws (last visited Aug. 25, 2023).

To estimate the number of youth impacted, we rely on state level estimates of the number of transgender youth ages 13-17 published in the Williams Institute report, How Many Adults and Youth Identify as Transgender in the United States? We are unable to estimate the impact of these laws on youth younger than age 13 because the data sources used to create these estimates do not survey children below age 13. Jody L. Herman, Andrew R. Flores, & Kathryn K. ONeill, Williams Inst., How Many Adults and YouthIdentify as Transgender in the United States? (2022).

Many states considered or passed other types of laws and policies that impact transgender, and LGBTQ youth more broadly, in 2023. This brief estimates only the impact of the five types of laws and policies listed here; it is not intended to provide a comprehensive look at all forms of legislation and policymaking that has impacted transgender youth over the past year.