Here Are All The States Banning Or Restricting Trans Or Gender-Affirming Care

Topline

The Republican-led Kansas state legislature approved a bill last week that will ban gender-affirming care for all minors in the state, and is likely to pass after an expected veto by Democratic Gov. Laura Kelly, as Kansas is projected to join 14 other states—and 10 this year—with legislation targeting transgender healthcare.

Most states have issued restrictions this year.

The Washington Post via Getty Images

Timeline

April 5, 2023Indiana Gov. Eric Holcomb (R) signed a bill that prohibits healthcare providers from “knowingly” providing “gender transition procedures” to minors, which include gender-reassignment surgeries, hormone therapy and drugs that block puberty.

April 4, 2023A bill signed by Idaho Gov. Brad Little (R) prevents healthcare providers from providing any gender-affirming care to minors if it’s meant to “affirm” a gender identity different from their gender at birth, and violators could face up to 10 years in prison.

March 29, 2023West Virginia Gov. Jim Justice (R) signed a bill that prohibits “irreversible gender reassignment surgery” and the prescription of any “gender altering medication,” with exceptions for people who are born intersex—when a person’s reproductive organs do not neatly match a specific gender.

March 29, 2023Republican lawmakers in Kentucky passed— after overriding Democratic Gov. Andy Beshear’s veto—a bill that prohibits healthcare providers from providing gender-affirming services to minors “for the purpose of attempting to alter the appearance or perception of the minor’s sex.”

March 23, 2023A bill signed by Georgia Gov. Brian Kemp (R) prohibits physicians from providing hormone therapy or any gender-transition surgeries to minors—though it does make exceptions for anyone born intersex.

March 22, 2023Physicians in Iowa were granted a six-month period to cease gender-affirming care for minors after a bill signed by Republican Gov. Kim Reynolds prohibited healthcare providers from prescribing drugs that block puberty and hormone therapy.

March 2, 2023Tennessee Gov. Bill Lee (R) signed a bill that prohibits healthcare providers in the state from performing gender-reassignment surgeries for minors, and physicians could be sued by parents or the state.

February 18, 2023Physicians in Mississippi are prohibited from offering gender-reassignment surgeries, drugs that block puberty or hormone therapy to minors, according to a bill signed by Republican Gov. Tate Reeves.

February 14, 2023Healthcare providers in South Dakota could lose their medical licenses and civil action if they provide gender-affirming care “for the purpose of attempting to alter the appearance of, or to validate a minor’s perception of, the minor’s sex,” according to a bill signed by Republican Gov. Kristi Noem.

January 28, 2023Utah Gov. Spencer Cox (R) signed a bill that prohibits healthcare providers from providing any gender-affirming services and places an indefinite ban on access to hormone therapy and puberty blockers.

November 4, 2022Florida became the only state to have a state medical board pursue a ban on gender-affirming care for minors, after the Florida Board of Medicine prohibited healthcare providers in the state from performing gender-transition surgeries and from prescribing puberty blockers and hormone therapy, unless the minor has already undergone a gender-transition surgery.

April 8, 2022Alabama Gov. Kay Ivey (R) signed a bill that prohibits healthcare providers from performing gender-reassignment surgeries and from prescribing hormone therapy and puberty blockers, with violations punishable by up to 10 years in prison—though the bill was blocked by a federal judge the following month.

March 30, 2022A bill signed by then-Arizona Gov. Doug Ducey (R) prohibits physicians from providing any gender-transition procedures to anyone under 18, though it does make exceptions for anyone who is born intersex.

April 6, 2021Arkansas became the first state to outlaw gender-affirming care for minors after the state legislature voted to override a veto by then-Gov. Asa Hutchinson (R).

Big Number

300,000. That’s how many kids aged 13 to 17 identify as transgender, according to estimates from UCLA’s Williams Institute, of which nearly 27% are estimated to live in states that have banned gender-affirming care.

Chief Critic

Earlier this year, former President Donald Trump said he would assign federal agencies to “stop” healthcare providers from giving gender-affirming care—which he said was “child abuse” and “child sexual mutilation”—for minors if he was re-elected. Gov. Ron DeSantis (R-Fla.) has referred to gender-affirming care as “an example of woke ideology infecting medical practice.” Rep. Marjorie Taylor Greene (R-Ga.) said she wanted to introduce legislation that would block federal funding for gender-affirming services because “the Republican Party has a duty” to “be the party that protects children.” Ivey said in a statement she supported a bill prohibiting gender-affirming care in Alabama because “if the Good Lord made you a boy, you are a boy, and if he made you a girl, you are a girl.” Reynolds supported a bill because “we need to just pause” to better understand how gender-affirming care affects children. Rep. David Meade (R), speaker pro tempore of Kentucky’s House, said a ban was necessary in order to “ensure” that gender-affirming care “is not something we should be allowing until they are adults.”

Contra

Several politicians and medical organizations have pushed back against attempts to ban gender-affirming care, arguing treatment is often necessary because transgender children face higher rates of depression and suicide. The American Medical Association said, “decisions about medical care belong within the sanctity of the patient-physician relationship.” In 2018, the American Academy of Pediatrics said transgender youth experience “disproportionately high” rates of homelessness, physical violence, substance abuse and are often subjected to harassment. The Human Rights Campaign criticized Indiana lawmakers for introducing a bill banning gender-affirming care and said it was “another example of extremist politicians using their power to marginalize LGBTQ+ people, especially transgender youth.” Hutchinson, a Republican, said he vetoed a bill banning gender-affirming care because it put “a very vulnerable population in a more difficult position.” Beshear said after vetoing a bill banning gender-affirming care that the bill would “cause an increase in suicide among Kentucky’s youth” and could “endanger the children of Kentucky.” After state legislature approved a bill that would provide state funding for gender-affirming care, Gov. Wes Moore (D-Md.) said he wanted “every person in this state to know that their authentic self is good enough.”

Tangent

Access to gender-affirming care in Europe varies from country to country, as national health services have debated whether there is a lack of evidence supporting hormonal treatment for minors. England, which previously only had one facility that provided gender-affirming services, expanded access to hormone therapy and other gender-reassignment treatments after a review by the National Health Service indicated a single provider was “not sustainable.” The review also found there to be a “lack of consensus and open discussion” about gender dysphoria and how medical services should respond. Dr. Hilary Cass, who authored the review, also questioned whether children were supported if they decided against transitioning. The Swedish National Board of Health and Welfare updated its healthcare guidelines last year to prevent minors from accessing gender-affirming care, after it noted the “evidence base for hormonal interventions” for minors is “of low quality, and that hormonal treatments may carry risks.” The Finnish Health Authority issued similar restrictions, though both Finland and Sweden made exceptions for children who show evidence of “distress” from experiencing gender dysphoria.