This is the second of regular legislative updates the Campaign for Southern Equality will be releasing in an effort to provide you with up to date and accurate information about the progression of anti-LGBTQ+ bills in the South. While we recognize that anti-LGBTQ+ bills are advancing across the U.S., these updates will focus on the Southern states in which our organization works, including Alabama, Arkansas, Florida, Georgia, Louisiana, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Texas, Virginia, and West Virginia. These updates will focus on bills that have moved beyond being introduced and are actively being considered by state lawmakers. Information about bills is gathered from the ACLU’s webpage “Mapping Attacks on LGBTQ Rights in U.S. State Legislatures in 2024,” as well as other sources.
Since our last legislative update, we have seen anti-LGBTQ+ bill continue to be introduced and advance across the South. This month, Tennessee became the first Southern state in 2024 to sign an anti-LGBTQ+ bill into law. Governor Bill Lee signed S.B. 0596/H.B. 0878, which allows religious leaders, judges, county clerks, notary publics, mayors, and legislative members to refuse to solemnize a marriage. While the law is largely a restatement of what was already existing law in the state (no one has ever been forced to solemnize a marriage for any reason), and while it does not interfere with same-sex couples receiving marriage licenses in any way, it is clearly an attempt to make life potentially more difficult for same-sex couples.
In contrast, a bipartisan group of legislators in Virginia took action to protect the freedom to marry for same-sex couples, sending legislation to Gov. Youngkin’s desk that would put affirmative language into state statute guaranteeing the freedom to marry for same-sex couples and interracial couples. Gov. Youngkin now has the opportunity to sign these bills in the weeks ahead.
We also saw other HUGE victories in Virginia and Georgia this month, where the majority of anti-transgender bills have been defeated. According to Equality Virginia, the bills defeated include; gender-affirming care bans, bans on transgender people using facilities and playing on school sports teams that align with their gender identity, a religious exemption bill allowing healthcare providers to refuse gender-affirming care, anti-trans resolutions that defined sex as sex assigned at birth, and bills that would force school staff to “out” transgender students. Further, there are multiple pro-LGBTQ+ bills advancing in Virginia, including:
- H.B. 502, which would require state administrative forms to include a non-binary gender option
- H.B. 536, an anti-bullying bill that includes protections for LGBTQ+ students
- H.B. 571, an effort to prevent future “Don’t Say LGBTQ+” policies from being enacted in the state
In Georgia, Georgia Equality has announced that the following bills have been defeated:
- S.B. 88, a ‘”Don’t Say LGBTQ+” curriculum censorship bill
- H.B. 1045, a forced outing bill
- H.B. 1128, an anti-trans definition of sex bill
- S.B. 141 and 519, bills to further restrict access to gender-affirming care
- H.B. 936 and 836, bans on transgender students using facilities that align with their gender identity
- S.B. 438, a ban on trans students participating in sports
Here’s a look at movement on LGBTQ-related bills in Southern states:
Gender-Affirming Medical Care Bans and Restrictions
Gender-affirming care is currently banned or restricted in the majority of Southern states. Policies differ from state to state; however, most ban the provision of puberty-delaying medications, hormone replacement therapy, and surgery for transgender youth. Most bills provide exceptions for intersex youth. The penalties associated with violating the bans also vary from state to state, ranging from taking away providers’ medical licenses to lawsuits, and criminal penalties.Over time, gender-affirming medical care bans have grown in scope and extremism. Some bans are expanding their scope to include restrictions on adult care, including banning state funds from being used to cover the cost of gender-affirming medical care for youth and adults, banning private insurance coverage, or allowing insurance providers to refuse coverage for gender-affirming care.
In response to gender affirming care bans across the country, the Campaign for Southern Equality has launched the Southern Trans Youth Emergency Project (STYEP), a regional effort which provides rapid response support directly to the families of youth who are impacted by anti-transgender healthcare bans in the South. Through STYEP, and in close partnership with state and local organizations, we are providing grants, patient navigation support, and accurate information to impacted families to ensure that youth can access the care they need and deserve, even in the face of oppressive laws. We have developed a regional referral network of providers in access states and are helping as many families as we can through this time of crisis. To STYEP access resources, go to https://southernequality.org/styep/.
As of February 29, 2024, new policies banning or restricting gender-affirming care are advancing in multiple Southern states, including West Virginia, Tennessee, South Carolina, and Mississippi. Notably, the majority of these states have already passed some form of a gender-affirming care ban and are now expanding and refining these laws. Here’s a look at several specific states:
- In Tennessee, multiple bills targeting gender-affirming care are moving through the state legislature. H.B. 2816/S.B. 2396 requires gender-affirming care clinics receiving funds from the state to also perform so-called “detransition procedures”, requires insurance companies to cover these procedures, and requires clinics to report data about “detransition procedures” to the Tennessee Department of Health. S.B. 2782 prevents adults from taking trans youth over state lines to get gender-affirming care without the consent of their parent or guardian. This bill is redundant, as parent or guardian consent has always been required in order for minors to get any gender-affirming medical care.
- In South Carolina, one of the few Southern states that has yet to pass a gender-affirming care ban, a ban has passed in the House (H. 4624). The Senate Medical Affairs Committee approved the bill on February 29, and it now heads to the Senate floor.
- In West Virginia, H.B. 5297, which removes the provision in West Virginia’s gender affirming care ban that allows for youth who are at risk for suicide to receive gender-affirming care, has passed the State House. H.B. 4320, which would require that parents have access to all minor medical records, also passed the State House.
“Don’t Say LGBTQ+” Curriculum Restriction Bills
- CSE defines “Don’t Say LGBTQ+” laws as policies that create a hostile learning environment for LGBTQ+ students by erasing LGBTQ+ identity from curriculum, classrooms, and libraries. “Don’t Say LGBTQ+” policies can include:
- LGBTQ+ curricular laws, which restrict or ban mention of LGBTQ+ identity in school curriculum, curricular materials, and even school library books. This includes outright bans of LGBTQ-related curriculum and materials, as well as policies allowing parents or community members to review curriculum and have it removed from the school if it includes mention of LGBTQ+ topics. It can also include policies that allow parents to opt their children in or out of LGBTQ-related curriculum.
- “Forced outing” policies, which require school staff to notify parents about changes in the name or pronoun used for a student at school, or a policy that prevents all school personnel and students from using the pronouns that align with their gender identity.
- Policies that require parental permission for students to participate in after school activities, specifically targeting Gender & Sexuality Alliances (GSAs)
- Policies that remove anti-bullying and harassment protections for LGBTQ+ students.
- Policies that allow school personnel who create a supportive environment for LGBTQ+ students and violate “Don’t Say LGBTQ+” policies to be sued or fired.
- States pulling out of national school survey efforts, or policies allowing students to opt out, simply because the survey allows students to identify as LGBTQ+
As of February 29, 2024, “Don’t Say LGBTQ+”curriculum restriction bills are advancing in multiple Southern states, including Tennessee, Kentucky, Louisiana, West Virginia, and South Carolina. Georgia, a state which has not yet passed a “Don’t Say LGBTQ+” bill, is advancing H.B. 1045, which places restrictions on curriculum about sexual orientation and gender identity and prohibits school employees from “knowingly withholding” information about a student’s gender identity if their gender identity differs from the sex they were assigned at birth.
Additionally, forced outing policies, which are often included in “Don’t Say LGBTQ+” bills, are unfortunately spreading quickly this year. These policies typically require school staff to notify parents about changes in the name or pronoun used for a student at school. However, they can go so far as to prevent all school personnel and students from using the name and pronouns that align with their gender identity, as is the case with Florida’s H.B. 1069. Currently, forced outing policies are advancing in the following Southern States: Kentucky, Tennessee, Mississippi, West Virginia, and South Carolina.
Anti-LGBTQ+ school policies have very real and devastating impacts. On February 7, Nex Benedict was brutally assaulted in the bathroom by his fellow students at Owasso High School. He died the next day. Nex was 16-year-old 2STGNC+ (Two-Spirit, transgender, and gender non-conforming+) student of Choctaw descent. Nex’s death is a tragic reminder that anti-LGBTQ+ laws and leadership have a direct impact on youth. Learn more about the action over 300 organizations are taking to demand justice for Nex here.
Bans on Transgender People Using Facilities that Align with Their Gender Identity
“Bans on transgender people using facilities that align with their gender identity” are laws that prevent a person from using bathrooms or other facilities (like locker rooms) that align with their gender identity. Under these laws, trans women are disallowed from using the women’s facilities, trans men are disallowed from using the men’s facilities, and nonbinary people may be disallowed from using the facilities they feel the most safe and comfortable using, if it does not align with the sex they were assigned at birth.
These laws often apply to schools; however, some apply to all public buildings. Some states have even attempted to expand these bans to private businesses. For example, the state of Tennessee attempted to require all private businesses to post “warning notices” on their public restrooms if they allowed transgender patrons to use the facilities that align with their gender identity. This law was overturned by a federal judge.
As of February 29 2024, these bans are advancing in three Southern states South Carolina, Mississippi, Tennessee, and West Virginia. Notably, the bill in Tennessee, H.B. 1949, is another attempt by the state to expand bathroom bans to private businesses. Utah was the first state to pass a bathroom ban this year. The bill, H.B. 257, not only bans transgender people from using the facilities that align with their gender identity, it also legally defines sex as sex assigned at birth. The potential impact of anti-trans definition of sex bills like Utah’s is discussed later in this report. It is important to recognize that even when a bad bill like this passes, state level advocates do everything in their power to mitigate the harm. The below tweet from Equality Utah describes how they were able to ensure that the new law will criminalize youth for using the facilities that align with their gender identity.
Bans on Transgender Youth Playing on Sports Teams that Align with Their Gender Identity
These bans include any law that prevents a student from playing on the school sports team that aligns with their gender identity. The laws say that people must play on the team that correlates with the sex they were assigned at birth. Therefore, trans women and girls are disallowed from playing on the women’s team, trans men and boys are disallowed from playing on the men’s facilities, and nonbinary people may be disallowed from playing on the team on which feel the most safe and comfortable, if it does not align with the sex they were assigned at birth. These laws typically apply to all schools that receive state funding, including institutions of higher education.
As of February 29 2024, bans on transgender youth playing on sports teams that align with their gender identity are not advancing in any Southern states. Georgia and Virginia’s bills were defeated, and a bill in North Carolina has been introduced, but has not yet advanced.
Diversity, Equity, and Inclusion (DEI) Bans
Policies regulating diversity, equity, and inclusion (DEI) efforts at institutions of higher education, and in some cases private businesses, are fairly new. These policies restrict or ban DEI trainings and programs, and can require that university diversity offices be shut down entirely. DEI programs are often a lifeline for LGBTQ+ students. Not only do they provide an opportunity for the entire student body to learn about LGBTQ+ experiences, they often fund spaces for LGBTQ+ students, like LGBTQ+ resource centers and student clubs.
Texas was one of the first states to pass a DEI ban last year. As a result, diversity offices on college campuses across the state will soon close. Florida also passed a DEI ban last year, and last week Florida’s Board of Education moved forward with a rule to ban colleges and universities from using public funds for DEI programs
Currently, DEI bans are being considered in Florida, Kentucky, Tennessee, South Carolina, and West Virginia. These bills vary in their scope, with the Kentucky bill (S.B. 93) applying only to schools, the South Carolina bill (H. 4663) applying to schools and state government offices, and the Florida bill (S.B. 1382) applying to schools, government offices, government contractors, and nonprofit organizations. Another Florida bill (S.B. 1372) expands the DEI ban to teacher training programs by prohibiting the discussion of institutional racism, oppression, and identity politics in teacher trainings. Read this article from PEN America about the 20 Florida-based and national organizations pressing lawmakers to reject this new bill.
Pride Flag Bans
This year, multiple state legislatures are considering policies that ban the display of certain flags, including LGBTQ+ Pride flags. Such bills are advancing in the following Southern states: Florida, Tennessee, and Alabama. The Florida (S.B. 1120) and Alabama (S.B. 4) bills would ban the display of pride flags at government buildings and schools. Meanwhile, in Tennessee, H.B. 1605 applies to schools only. The flag ban in Tennessee passed the State House, and is currently being considered by the State Senate. Tennessee Equality Project and other Tennessee groups have been working hard to urge lawmakers to oppose the flag ban, showing each week at the Tennessee State Legislature waving their flags proudly. Check out their website to get involved with weekly advocacy campaigns in Tennessee.
Drag Bans
Drag bans are laws that prohibit individuals who are dressed in drag, or who have a gender presentation that does not align with their sex assigned at birth, from being in certain public spaces. Last year, drag bans that passed in states like Tennessee, Florida, and Texas were blocked by courts due to their unconstitutionality, and others, like the bill in Arkansas, were clarified to restrict “adult performances” without explicitly targeting drag performances.
As of February 29 2024, two states are advancing drag bans, including West Virginia and Kentucky. In Kentucky, lawmakers have moved to scale back their original bill, which placed stricter restrictions on locations where drag shows can occur. However, as Bob Heleringer of the Kentucky organization Fairness Campaign rightfully asserted to the Associated Press, “an ounce of discrimination is the same as an ocean of discrimination”.
Anti-Trans Definition of Sex Bills
New laws seek to define “sex” and “gender” in ways that reduce people to their biology, erasing transgender and gender diverse people. They define “sex” as sex assigned at birth and gender as either male or female. Although the implications of these bills are so far unclear, they have potential to impact transgender and gender diverse people’s access to correct gender markers on state IDs, access to bathrooms, and more. Further, such bills could eliminate transgender and gender diverse people’s right to federal discrimination protection on the basis of sex and gender. These bills could also jeopardize a significant amount of federal funding for states, as definitions of sex and gender that exclude transgender and intersex identity conflict with the inclusive definition the federal government holds. Such threats to funding have been seen in other states that have passed similar laws defining sex, like Tennessee.
Bills defining sex in a way that erases transgender and gender diverse people are currently being considered in the following Southern states: Alabama, Mississippi, Florida, Kentucky, West Virginia, and South Carolina. For more information about these bills and a map of where they have passed in the U.S., check out Movement Advancement Project (MAP)’s page, Defining Sex to Allow Discrimination.
Bills Creating Barriers to Accurate IDs for Transgender People
Bills defining sex in a way that excludes and erases transgender and gender diverse people likely pose a barrier to people’s ability to obtain ID documents that reflect their gender accurately. However, there is also a history of bills that explicitly target the ability of transgender and gender diverse people to obtain accurate ID documents. Such policies restrict someone’s ability to update their drivers license or birth certificate, or to change their name. Some policies require proof of gender surgery, a court order, or amended birth certificate in order to update documents, while others simply do not allow documents to be updated at all (“Identity Document Laws and Policies”, Movement Advancement Project).
As of February 29 2024, Florida, Kentucky, and West Virginia are advancing bills that create barriers to accurate IDs for transgender people.
In Florida last month, the Department of Motor Vehicles quietly implemented a policy banning gender marker changes on state drivers licenses. The change mirrors the bill moving through the Florida state legislature, but bypasses the legislative process. Since the change, there have been widespread protests in Florida, including “die-ins” at local DMVs, where trans Floridians and their allies lay down their bodies to symbolize the loss of life that laws taking civil rights away from trans people ultimately cause.
Now, a Florida bill (H.B. 1639) coined The Transgender Erasure Bill has passed the state house. According to a report from Equality Florida, the bill requires government driver’s license and ID card applications collect information on applicants’ sex assigned at birth rather than their gender. The bill also requires health insurance companies to cover harmful “conversion therapy” and creates obstacles for gender-affirming care coverage.
Religious Exemption Bills
There is a long history of anti-LGBTQ+ bills that allow people, churches, non-profit organizations, and sometimes private businesses to refuse to serve people due to their personal religious beliefs or conscience. This can and has resulted in LGBTQ+ people being discriminated against or refused service in the areas of medical care, employment, education, adoption/foster care, and more.
Medical Care
In 2024, multiple states have advanced policies that allow medical providers, and in some instances insurance companies, to refuse to provide or pay for services and procedures that violate their religious beliefs or conscience. Many of these bills specifically name the provision of gender-affirming care. Four Southern states are advancing such bills in 2024, including Kentucky, West Virginia, and South Carolina. In South Carolina, S. 0975 allows pharmacists to refuse to fill prescriptions due to religious, moral, or ethical reasons. This could clearly be used to allow pharmacists to refuse to fill gender-affirming care prescriptions like hormones and puberty-delaying medications. Mississippi is advancing similar bills that apply to pharmacists, H.B. 1069 and S.B. 2237. This could clearly be used to allow pharmacists to refuse to fill gender-affirming care prescriptions like hormones and puberty-delaying medications.
Employment
Florida is considering two bills (S.B. 1382, H.B. 599) that would prohibit employers from taking legal action against employees that refuse to use people’s correct name and pronouns on the basis of their religious beliefs.
Education
Louisiana is considering a bill (H.B. 121) that allows school employees to use the incorrect pronouns for students or others in the school community if using a person’s correct pronouns conflicts with their religious beliefs. Kentucky is considering H.B. 304, which allows parents to request that their child be exempted from learning about certain topics for religious or moral reasons. This policy could be used to prevent students from learning about LGBTQ+ topics and people.
Adoption and Foster Care
Tennessee is considering a religious exemption bill (S.B. 1738/H.B. 2169) that would allow adoptive and foster parents to refuse to support policies or participate in programming aimed at making the adoption and foster care systems more accepting and welcoming for LGBTQ+ children. West Virginia is considering a similar bill, H.B. 4898.
Marriage
Tennessee has passed a policy (S.B. 0596/H.B. 0878) that allows religious leaders, judges, county clerks, notary publics, mayors, and legislative members to refuse to solemnize a marriage if doing so conflicts with their conscience or religious belief. This law clearly targets LGBTQ+ marriages. Last Wednesday, this bill was signed into law by Tennessee Governor Bill Lee.
Bills Impacting Local Nondiscrimination Ordinances
Kentucky and Georgia are considering bills that allow the state government to override local nondiscrimination ordinances under the guise of protecting religious freedom. Kentucky is considering H.B. 47, which would allow anyone to challenge a law if they believe it impacts their religious beliefs. This bill could be used to challenge the many local “Fairness Ordinances” in Kentucky cities and towns that protect the civil rights of LGBTQ+ and other marginalized people. Georgia is considering S.B. 180 could give private individuals and businesses the right to discriminate against LGBTQ+ people and others, and could interfere with local nondiscrimination ordinances. The bill has passed the Georgia State Senate, prompting Georgia Equality to make this statement:
