HRC's Weekly State Fights Report: Slew of Anti-LGBTQ+ Bills Become Law

TOPLINE TAKEAWAYS:

• 34 states are currently in session as of March 22
• 8 states have ended session as of March 22
• So far, HRC tracking about 805+ bills:
• 205+ pro-equality
• 425+ anti-LGBTQ+
• Eleven anti-LGBTQ+ bills have passed into law (Ohio: HB 68, Tennessee: HB 0878, Utah: HB 261, Utah: HB 257, Wyoming: SF 9, Utah: HB 157, Utah: HB 316, Alabama: SB 129, Utah: SB 150 & Wyoming: SF 99)
• Six pro-equality bills have passed into law (Maine: LD 279, California: SB 339, New Mexico: S.J.M 2, Washington: HB 1954, Virginia: HB 174, & Washington: SB 5462)

WHAT'S HAPPENING IN AMERICA:

As legislative sessions near their end in numerous states, the pace of anti-LGBTQ+ attacks crossing the finish line has accelerated. There are now ELEVEN anti-equality bills that have been signed into law, including FOUR in the last week alone:

• On Friday, Wyoming Governor Mark Gordon signed SF99, a bill prohibiting doctors from providing gender affirming care to transgender youth.
• In Alabama on Wednesday, Governor Kay Ivey signed SB129, a bill banning DEI programs in K-12 and post-secondary public schools; preventing schools from requiring staff and students to personally affirm or participate in classes or trainings with so-called "divisive concepts"; and requiring colleges to prohibit trans people from using a restroom that matches their identity. Late Thursday night, Gov. Ivey also signed SB48, an anti-LGBTQ+ curriculum censorship bill, into law.

• And in Utah on Thursday night, Governor Spencer Cox signed SB150. This new law allows religious beliefs to be used as a justification for violating the rights of others, including LGBTQ+ people, women, religious minorities, and other vulnerable communities.

What's clear is that while anti-LGBTQ+ attacks continue to be a failing political strategy rejected time and again by voters, MAGA politicians in certain state legislatures across the country are doubling down on hate, while ignoring the pressing problems facing their states. And it is deepening the state of emergency for millions of LGBTQ+ Americans.

WHAT WE'RE WATCHING THIS WEEK:

Last night, Tennessee state senators passed SB2766, which would remove a teacher's obligation to ensure that students are not denied or excluded from important educational programs or benefits on the basis of their family status or their sexual orientation. It would also remove the requirement that sex ed programs in school be medically accurate. And today, all eyes are on the Georgia Senate, which is set to vote on two bills (HB1170 and HB1104) that have been hijacked and morphed into anti-LGBTQ+ attacks ranging from expanded restrictions on health care for transgender youth to a ban on transgender students accessing the bathroom that aligns with who they are.

OTHER THINGS WE'RE WATCHING:

Pro-Equality Bills

• Washington: SB5462 was passed last week by the legislature and now heads to Governor Jay Inslee's desk. This bill will require the Washington Office of the Superintendent of Public Instruction to update learning standards that include lessons on LGBTQ+ history and other contributions from the community.

Anti-LGBTQ+ Bills

• Arizona: Last Monday, the House Rules Committee passedSB1182, a bill restricting access to school shower rooms for transgender students.
• New Hampshire: Last Thursday, the New Hampshire House passed HB1205, a bill banning transgender students from participating in school sports. This bill will now move to the Senate after crossover on April 11th.
• Tennessee: HRC is continuing to track more than a dozen anti-LGBTQ+ bills currently moving through the legislature, including:
• On Thursday, the Senate passed SB1738, a bill that would create a cause of action for a foster or adoptive parent who believes they've been discriminated against because of their anti-LGBTQ+ views. It would also allow placement of an LGBTQ+ child with a family who believes that LGBTQ+ identities are sinful or problematic, or who will enroll them in so-called "conversion therapy." The House has yet to pass its companion bill, HB2169.
• Last Monday, the Senate passed SB2503, a bill that would terminate the human rights commission with no wind-down period, create the human rights division in the office of the attorney general, and transfer the commission's functions to the new division. Its House companion, HB2610, was deferred in the State Government Committee until tomorrow, March 27th.
• Last Tuesday, HB2936 was recommended for passage by the Children & Family Affairs Subcommittee and referred to the House Civil Justice Committee. This bill could force school staff to out LGBTQ+ students before they are ready. HB 1386, a bill that would create a new option for marriage only available to opposite-sex couples, was also referred to the Civil Justice Committee the same day.
• Also on Tuesday, HB1634, was recommended for passage by the K-12 subcommittee and referred to the House Education Administration Committee. Under this bill, teachers would no longer be obligated to ensure that all students have access to important educational programs or benefits, regardless of their family status or sexual orientation. It would also remove the requirement that sex ed programs in school be medically accurate.
• The House Civil Justice Committee deferred action on HB2310 until March 27th. This bill would create a cause of action against any person who brings a minor who resides in Tennessee to another state to receive gender-affirming care. The Senate Judiciary Committee deferred action on SB2781 until March 26th. This bill continues Tennessee's tradition of expanding criminal offenses in private places in a way that is likely to be used to harass or intimidate transgender people in restrooms or locker rooms.

THE LAST WORD:

"Today, this community is under attack. Rights are being stripped away. Freedoms are eroding. More and more state laws are being passed targeting this community…They want us to be afraid. They want to take our victories away, but we won't let them. Your president won't let them. I won't let them."

First Lady Jill Biden at Saturday's HRC Los Angeles Dinner

To follow HRC's state legislation work on Twitter, visit here. For Instagram, visit here.

The Human Rights Campaign is America's largest civil rights organization working to achieve equality for lesbian, gay, bisexual, transgender and queer people. HRC envisions a world where LGBTQ+ people are embraced as full members of society at home, at work and in every community.