by Kathryn Hickey
Image of different routes to take.
The past three years have been marked by a monumental number of anti-LGBTQ+ legislation at the state level. In 2023, 66 proposed policy changes were enacted into state laws, indicating a distinct shift from previous years. This attack on the queer community continued with 661 new anti-LGBTQ+ bills being proposed in 2024 and 604 bills already being considered in 2025. Whereas this legislation affects everyone in the queer community, over half of the laws enacted have directly impacted transgender and gender-nonconforming individuals by restricting health care, constraining identity expression, and forcing people into spaces that do not match their lived gender. While these discriminatory policies are often framed as safeguarding fairness or protecting children, the reality is that these laws aim to paint the gender-diverse community as the enemy, widening existing gender inequalities.
I analyzed 140 laws passed between 2015 and 2024 related to the LGBTQ+ community. Through this analysis, it became clear that the language embedded in these laws serves to other and discriminate against transgender individuals. For example, 65% of the laws enacted use outdated definitions of gender. By rigidly defining sex as a “biological reality” based on chromosomes, hormones, or reproductive capacity, lawmakers erase the existence of transgender, nonbinary, and intersex individuals altogether. This binary framework not only invalidates identities but also positions transgender people as “false” or “disordered.” Such rhetorical othering mirrors historic patterns where marginalized groups are cast as threats or pathologies to justify additional exclusionary policy.
One such type of policy involves restricting public restrooms. Fifteen states as of 2024 had “Safety in Private Spaces” laws that force transgender individuals to use facilities inconsistent with their gender presentation, exposing them to harassment and assault. The tragic case of Nex Benedict, a nonbinary student assaulted in an Oklahoma school bathroom, is a solemn reminder of the deadly consequences these policies can have. Not only are these laws harming transgender individuals, but they can also pose problems to very women they claim to protect. Several incidents of harassment have been reported since the enactment of these laws from cisgender women who do not conform to rigid gender presentation norms, revealing how such measures destabilize equity for everyone.
Recent laws requiring school sports teams to be based on a child’s assigned sex at birth also claim to be in the name of gender equality, but by promoting fairness for women, the laws further inequalities for gender diverse students. At least 24 states have “Fairness in Women’s Sports” laws that argue girls would be denied athletic opportunities and scholarships if transgender individuals are permitted to play on a team that matches their gender identity. By promoting an antiquated idea of gender equality in sports, these laws demonstrate how the concept of fairness can be applied to some and denied to others.
Similarly, bans on gender-affirming care intensify inequities in health outcomes. As of late 2024, 25 states had banned this care for minors, despite overwhelming evidence of its benefits. In fact, the U.S. Trans Survey found that 98% of transgender individuals using hormone therapies reported higher life satisfaction. By criminalizing providers and even threatening parents with loss of custody, these laws weaponize the state against families seeking affirming care. In Florida, SB254 allows the state to seize custody of a child who receives gender-affirming treatment, while in Arkansas, transgender parents risk sex crime charges that would require the state to remove custody rights for simply using a bathroom that aligns with their identity. Such provisions amplify stigma and fear, cutting off essential care and increasing risks of depression, suicidality, and homelessness.
Far from fostering equity, these dynamics reinforce structural inequality, leaving transgender individuals marginalized, criminalized, and excluded from the very institutions meant to protect them. In our mission to create a society with true gender equality, we cannot forget that gender is more than just a binary system. Becoming complacent in the discrimination and rejection of transgender and gender-diverse individuals will only lead to a more inequitable world.
About the author:
Kathryn Hickey (she/her) is a doctoral candidate in Public Administration at the University of Central Florida. Her dissertation research examines the effects of anti-LGBTQ+ legislation on queer individuals through the lens of administrative evil. Specifically, she analyzes how these laws shape mental health outcomes within the LGBTQ+ community and contribute to increased rates of homelessness among transgender youth. Her broader research agenda bridges public policy, social equity, and critical public administration, with a focus on how legislation targeting marginalized groups undermines well-being and inclusion. In addition to her dissertation, she engages in both qualitative and quantitative research that highlights the role of public administration in perpetuating or dismantling systemic inequities.