Cecily Zamora
Despite significant developments in LGBTQ+ rights in the United States, anti-gay laws persist in various states. These laws target LGBTQ+ individuals, aiming to restrict their rights and limit discussions of sexuality and gender identity in schools. In 2023, over 500 state bills were introduced, with 75 becoming laws. These laws include restrictions on transgender students' bathroom use, censorship of curriculum, and limitations on gender-affirming healthcare. While some states like Florida, North Dakota, and Texas have aggressively advanced anti-LGBTQ+ laws, the Human Rights Campaign, the nation's largest civil rights organization for LGBTQ+ individuals, continues to advocate for equality and challenge this legislative assault.
| Characteristics | Values |
|---|---|
| Number of anti-LGBTQ+ bills passed in 2023 | 75 |
| Number of anti-LGBTQ+ bills passed in the last 5 years | Over 100 |
| Number of anti-LGBTQ+ bills passed in 2023 that restrict transgender youth from receiving gender-affirming care | 21 |
| Number of anti-LGBTQ+ bills passed in 2023 that bar transgender student-athletes from playing on school sports teams that align with their gender identities | 11 |
| Number of states with laws restricting which school sports teams transgender athletes can join | 23 |
| Number of states outlawing discrimination based on sexual orientation | 23 |
| Number of states outlawing discrimination based on gender identity or expression | 22 |
| Number of states that have been the most aggressive in advancing anti-LGBTQ+ laws | 4 |
| Number of curriculum censorship bills that restrict teachers from discussing LGBTQ+ issues | 70 |
| Number of curriculum censorship bills that passed into law | 7 |
| Number of anti-LGBTQ+ bills that have passed at least one chamber in 2023 | 145 |
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What You'll Learn
Anti-LGBTQ curriculum laws
As of 2025, several US states have anti-LGBTQ curriculum laws in place, commonly referred to as "Don't Say Gay" or "Don't Say LGBTQ" laws. These laws explicitly censorship discussions of LGBTQ+ people or issues throughout school curricula. They are considered harmful and exclusionary, negatively impacting LGBTQ+ students' health, well-being, and academic success.
Texas is one of the states with anti-LGBTQ curriculum laws on its statute books. The Texas Health & Safety Code includes provisions that emphasize sexual abstinence before marriage and fidelity in marriage, as well as a requirement to present homosexuality as "not a lifestyle acceptable to the general public" in a "factual manner and from a public health perspective." Despite opportunities to update these laws, they remain in place as of 2022.
Florida has also passed similar legislation, with the Parental Rights in Education Act, often referred to as the "Don't Say Gay" bill, prohibiting classroom instruction on sexual orientation or gender identity from kindergarten to third grade. This law also allows parents and teachers to sue school districts if they believe this policy is violated.
Other states, such as Alabama, Indiana, and Arkansas, have enacted laws prohibiting LGBTQ+ instruction or restricting discussions of gender identity and sexual orientation. These laws have faced criticism and are seen as a reversal of equality and inclusion in education.
In contrast, some states like California, New Jersey, Illinois, Oregon, and Washington have adopted inclusive education or curriculum laws. However, the advancement of anti-LGBTQ+ curriculum laws has been more rapid and expansive, causing a chill on LGBTQ-inclusive curricula in K-12 education.
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Bans on gender-affirming care
While my sources did not provide a direct answer to the question "are there anti-gay laws on the books in the US", they did reveal that there are anti-LGBTQ+ laws and bills that have been passed or are under consideration in the US. These include laws and bills that target transgender and non-binary individuals, as well as those that restrict access to gender-affirming care.
Gender-affirming care is a model of care that includes a range of medical, surgical, mental health, and non-medical services for transgender, non-binary, and gender-expansive people. The goal of this care is to affirm and support an individual's gender identity, which can be highly individualized. However, as of July 2025, an estimated 40.1% of transgender youth aged 13-17 in the US live in states that have passed bans on this type of care. This issue is not limited to youth, as some states have considered banning care for transgender people up to the age of 26.
The push for these bans has been led by national anti-LGBTQ+ hate groups, overriding the recommendations of the American medical community. These bans prevent doctors from providing gender-affirming care and threaten to take children away from parents who support their child's transition. As a result, transgender, non-binary, and gender-expansive youth are being denied access to medically necessary and safe healthcare that is backed by decades of research and supported by every major medical association in the country.
Some states that have passed bans on gender-affirming care include Arkansas, Montana, Oklahoma, Texas, and South Carolina. In Arkansas, a federal judge blocked the state's 2021 ban as unconstitutional in June 2023, but the state has said it will appeal. Montana's ban was also blocked by a judge in May 2025, though both states' bans are currently on hold or blocked from enforcement through court orders. Despite these legal challenges, the number of states with GAC bans continues to grow, impacting the lives of transgender youth across the country.
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Restrictions on transgender athletes
In recent years, there has been a surge in anti-LGBTQ+ laws and bills in the United States, with a particular focus on restricting the rights of transgender and non-binary individuals. This includes laws and proposals that directly impact the participation of transgender athletes in sports.
Bans on Transgender Athletes in Sports
Starting around 2020, anti-LGBTQ+ activists and politicians have introduced and passed laws to ban transgender youth from participating in school sports. These bans vary in scope but commonly include both K-12 schools and college settings. As of 2022, 58% of transgender youth aged 13-17 live in states with no laws or regulations preventing them from participating in sports consistent with their gender identity. However, this also means that over 40% of transgender youth live in states with some form of restriction or ban in place.
State-Level Bans
Several states have enacted laws or proposed bills that specifically target the participation of transgender athletes in sports. Some notable examples include:
- Arizona: House Bill 1217 bans transgender girls from playing on any female public school sports teams from K-12 to public colleges.
- Montana: Passed a sports ban in 2025 that will apply to higher education and is scheduled to take effect on October 1, 2025.
- New Hampshire: A ban is temporarily blocked, allowing only the two named plaintiffs in the lawsuit to play school sports, while the ban remains in effect for other transgender students.
- Utah, West Virginia, Georgia, and Montana: Have also passed sports bans that are not yet in effect or are currently facing legal challenges.
Arguments Against Transgender Inclusion in Sports
Proponents of these bans often suggest that transgender athletes have a physical advantage or that cisgender boys will pretend to be transgender to gain a competitive edge. These assumptions have been refuted by advocates for inclusion, who argue that they are based on inaccurate stereotypes and ignore the stigma faced by transgender youth. Additionally, local schools and state athletic associations have policies in place to protect transgender individuals and ensure a level playing field for all athletes.
The push for these bans has been driven by anti-LGBTQ+ groups, spreading misinformation and stoking fear among the public. As a result, transgender and non-binary individuals are facing attacks on multiple fronts, including restrictions on their participation in sports, access to gender-affirming healthcare, and even the use of restrooms that align with their gender identity.
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Religious exemptions
While lesbian, gay, bisexual, and transgender (LGBT) people have made significant legal and political gains in the United States in recent years, including the freedom to marry, federal law does not expressly prohibit discrimination based on sexual orientation and gender identity in fields like employment, housing, and access to services. Fewer than half of the states offer explicit protections for LGBT people at the state level. This means that LGBT people across the United States lack clear recourse when they experience discrimination due to their sexual orientation or gender identity.
In this context of legal vulnerability, some lawmakers have pushed for, and often succeeded in getting, new laws that create religious exemptions for individuals who claim that compliance with particular laws interferes with their religious beliefs. Religious exemption laws permit people, churches, non-profit organizations, and sometimes corporations to seek exemptions from state laws that burden their religious beliefs. These laws have been used as a defense when businesses discriminate against or refuse service to LGBTQ customers and same-sex couples. For example, in the case of Fulton v. City of Philadelphia, the Supreme Court ruled in favor of a Catholic social services agency that refused to work with same-sex couples as foster parents, citing religious objections. This ruling set a precedent that could lead to widespread discrimination against LGBTQ individuals and couples in the child welfare system.
Another example of religious exemption laws discriminating against LGBTQ individuals is in the area of healthcare. In some states, religious exemption laws allow healthcare providers to refuse to provide medical care to LGBTQ patients, including gender-affirming care for transgender youth. Additionally, religious exemptions in healthcare insurance plans can result in the denial of coverage for essential health services, such as HIV prevention and treatment, which disproportionately affects LGBTQ individuals.
Religious exemption laws also impact LGBTQ youth in education. In several states, religious exemption laws allow schools and school counselors to refuse to counsel or support LGBTQ students, and to exclude LGBTQ topics from sex education curricula. These laws send a harmful message to LGBTQ youth and contribute to a climate of discrimination and exclusion in schools.
Overall, religious exemption laws in the United States have been used to justify discrimination against LGBTQ individuals in various aspects of their lives, including family services, healthcare, education, and access to goods and services. These laws fail to balance moral and religious objections to LGBTQ relationships and identities with the rights and dignity of LGBTQ people.
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Censorship of LGBTQ+ issues
As of 2023, more than 145 anti-LGBTQ+ bills have been passed by at least one chamber, with some states, including Florida, North Dakota, Tennessee, and Texas, being particularly aggressive in advancing these laws. These bills aim to censor curriculum content and restrict teachers from discussing LGBTQ+ issues, sexual orientation, and gender identity with their students. For example, Florida's "Parental Rights in Education" law, commonly known as the "'Don't Say Gay' bill", prohibits classroom instruction on sexual orientation or gender identity from kindergarten to 3rd grade and allows parents and teachers to sue school districts if they believe this policy is violated. Similarly, Indiana's "Don't Say Gay" bill, signed into law in 2023, prohibits teaching topics related to gender and sexual orientation.
Other bills, such as HB 1521 and SB 1040, target transgender individuals by criminalizing the use of restrooms that match their gender identity. HB 676 allows parents to withdraw their children from public school if they disagree with the lesson plan, and LB 574 prohibits transgender youth from receiving gender-affirming healthcare. These laws contribute to a hostile environment for LGBTQ+ individuals, with extremist groups working to oppress their existence and rights.
In addition to curriculum laws, censorship of LGBTQ+ issues in the US is also facilitated through digital platforms and social media. Social media platforms like TikTok have been used to incite violence against LGBTQ+ individuals, leading to harassment and physical assaults. While there have been criticisms of the government's inaction on this issue, it is important to note that advocacy groups are actively working to counter this censorship and protect the rights of LGBTQ+ individuals in the US.
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Frequently asked questions
Yes, there are anti-gay laws on the books in the US. As of May 2023, extremist lawmakers have been advancing a record-breaking number of anti-LGBTQ+ bills in state legislatures.
Some examples of anti-gay laws in the US include the "Don't Say Gay" bill, which prohibits classroom instruction on sexual orientation or gender identity, and laws that restrict which school sports teams transgender athletes can join.
Some states that have been the most aggressive in advancing anti-LGBTQ+ laws include Florida, North Dakota, Tennessee, Texas, Indiana, Missouri, and Alabama.
