☛ Cette chronique est aussi disponible en français [➦].

Translated by Gabrielle Baillargeon-Michaud. 

Each year in the United States, June is a month of celebration for the LGBTQ+ communities. Stemming from a duty to remember the Stonewall events of 1969, which sparked the Gay Liberation Movement, Pride Month today provides an opportunity for LGBTQ+ communities to reflect on their history and victories, and to unite in celebration and solidarity amid contemporary struggles. It is also a time when political rhetoric intensifies—both in support of and against LGBTQ+ rights.

This year, however, Pride Month unfolds under a unique set of circumstances. Who hasn’t heard of the legislative efforts to ban drag queen performances? Or the significant rollbacks in transgender rights? In 2023, this month of celebration takes on even greater importance as battles we thought were in the past are thrust back into the spotlight against a backdrop of cultural wars and increased politicization of reproductive and sexual issues.

This article revisits recent years in U.S. politics to demonstrate how current actions are part of a continuous political effort aimed at restricting LGBTQ+ rights and demystify the backlash against the rights of LGBTQ+ communities.

In 2015, when the U.S. Supreme Court legalized same-sex marriage¹ through the Obergefell decision, it was widely believed that LGBTQ+ rights would continue to progress. After all, just 20 years earlier, the federal government had codified a definition of marriage as “between a man and a woman.” Yet, instead of eradicating discrimination, the year 2015 marked a shift in focus towards other rights and challenges faced by these communities. This shift spurred a wave of legislative efforts aimed at restricting access to bathrooms and locker rooms based on sex assigned at birth, effectively barring transgender individuals from using facilities that align with their gender identity. This issue became so significant in certain states, such as North Carolina, that it emerged as a central issue in local election campaigns in 2016. Despite the election of conservative politicians during this period, public opinion was predominantly against such policies. Over the subsequent years, the number of bills introduced remained relatively constant at around 20 per year, as per the Trans Legislation Tracker. During Trump’s presidency, the dialogue shifted focus from bathroom access to sports participation. Additionally, in July 2017, the Trump administration declared a ban on transgender individuals serving in the military, arguing that transgender personnel distract from military objectives and impose financial burdens due to medical costs covered by military health insurance.

These attacks by the Republican president on transgender people, and the health-related arguments used to justify them, paved the way for further discrimination against transgender communities: policies directly targeting their healthcare and coverage. Indeed, between 2019 and 2020, the number of proposed laws targeting transgender healthcare increased from 4 to 24, matching the number of proposals concerning sports, bathrooms, and locker rooms. While the impacts of laws affecting the rights of transgender people to participate in sports or use the restroom corresponding to their gender are significant, the laws targeting healthcare have broader and potentially more serious consequences on individuals’ well-being, both mentally and in terms of access to necessary transition-related healthcare.

Joe Biden’s ascent to the White House sparked hope among LGBTQ+ communities and their allies. Regrettably, the outcomes were a stark contrast to these hopes. In 2021, the number of anti-trans bills more than doubled from the previous year, and the numbers have since continued to rise, reaching a dismal record in 2023. In just 6 months, 557 anti-trans bills were proposed, with 168 targeting healthcare, specifically gender-affirming care. This is nearly 5 times the number proposed in 2022. These laws primarily affect minors (though some target individuals under 21) and prohibit surgeries, hormone therapies, and puberty blockers², contrary to the recommendations of medical organizations like the American Medical Association and the American Academy of Pediatrics. Another target of anti-LGBTQ+ laws? The education system. The desire to restrict discussions on LGBTQ+ issues in class, which notably led to the infamous Florida Don’t Say Gay law, is very strong.

Unfortunately, these bills are not the act of a fringe group of states. Instead, all states, even the most progressive, have witnessed at least one bill introduced for consideration that aims to limit the rights of LGBTQ+ communities, although not all of these proposals are adopted. As of June 2023, 82 bills have been enacted across the country, in 22 states, all controlled by the Republican party. In Democratic states such as Washington, some legislators opposed to these attacks have instead proposed laws aimed at proactively protecting LGBTQ+ rights.

These bills restrict several rights of the LGBTQ+ communities and thereby have direct, daily consequences for them. The substantial number of anti-trans proposals specifically undermines freedom of expression, civil rights, and access to healthcare, public spaces, and education.

Bills that undermine civil rights aim to weaken existing laws designed to limit possible discrimination. When adopted, they allow employers, businesses, and even hospitals to discriminate against LGBTQ+ individuals or to refuse them equal treatment (ACLU, 2023a). Individuals from sexual and gender minorities have been denied psychological consultations because of their sexual orientation, wedding-planning businesses have refused to serve same-gender couples, and pharmacies have refused to sell contraceptive pills (Ibid, 2023b).

Access to healthcare, particularly medical services that include gender-affirming care for young transgender individuals, is one of the rights most significantly impacted across several states. Medical centers that provide these services are also targeted by bills that block access to the necessary funding to offer their services or to insurance coverage for transgender people.

These bills have a direct impact on the well-being and mental health of individuals from LGBTQ+ communities. According to a national survey conducted in 2023, 56% of young LGBTQ+ people were unable to access mental health care in the last year for various reasons (financial resources, fear of judgment, lack of parental permission, etc.). Yet nearly a third of young LGBTQ+ individuals (ages 13–24) report that their mental health is significantly affected due to anti-trans policies and legislation that threaten their already precarious access to healthcare. The consequences are similar when it comes to restrictions on discussing LGBTQ+ topics in schools.

The backlash against LGBTQ+ communities also has a broader social component. The bills concerning gender-affirming care are widely condemned by professional medical organizations. These condemnations emphasize the laws’ impact on individuals and, more broadly, demonstrate how the absence of scientific and medical justification for these laws contributes to misinformation and disinformation, especially regarding the realities of transgender individuals and the importance of gender-affirming healthcare. Conspiracy theories and misinformation circulate about issues particularly affecting the transgender community, with right-wing and far-right media amplifying these anti-trans and anti-LGBTQ+ narratives, capitalizing on entrenched biases and religious rhetoric to fuel fear supported by misinformation and disinformation. Furthermore, these misleading messages benefit from social media algorithms that facilitate the rapid spread of hateful and provocative content.

Additionally, as has historically been the case and continues to persist in some states, anti-trans and anti-LGBTQ+ rhetoric not only reinforces but also spreads and normalizes the prejudiced view that LGBTQ+ individuals, particularly transgender people, are “abnormal.” This type of discourse risks being internalized by both members of the LGBTQ+ community and certain segments of the electorate. Recent events have clearly shown that such rhetoric remains deeply entrenched in the political landscape. Notably, in March at the Conservative Political Action Conference (CPAC) in the United States, anti-trans rhetoric was a prominent feature of the speeches.

As the primary³ election season approaches, Republican candidates are likely to focus on gender identity, LGBTQ+ rights, and gender-affirming care in their crusade against “wokeism.” In a context where a growing number of candidates vie for attention, these issues are at risk of becoming fodder for conservative bidding wars, ultimately harming individual and collective rights, and particularly jeopardizing the safety and protection of transgender individuals and the broader LGBTQ+ communities.

***

¹ In its 2015 decision, the Supreme Court used the term “same-sex marriage.” We acknowledge that the term is not inclusive, but it is used here in this specific context to summarize the decision in Obergefell.

² For a review of bills by state and by year, see the Trans Legislation Tracker.

³ In the United States, candidates from various parties are selected through a process known as primaries and caucuses. During this period, voters are invited to express their preferences to determine who will be the party’s candidate in the general elections.