The celebration of Pride Month, which commemorates the anniversary of the Stonewall uprising, arrives this year at a moment of alarm.
At the start of the year in America, politicians across the country have already introduced a total of 124 bills that restrict LGBTQ people, targeting freedom of expression, the safety of transgender students, and access to health care for gender dysphoria.
Meanwhile, the Movement Advancement Project (MAP), which tracks LGBTQ+ politics, released a report in February describing the current political landscape as "a war against LGBTQ people in America and their right and ability to exist openly." It's a culmination of efforts: care bans for gender-affirming transgender youth becoming law in states where such bills have been blocked in the past, growing efforts to limit how students learn about LGBTQ+ issues in schools, an increase in dehumanizing rhetoric that could lead to harassment or violence.
In Utah, the first ban on gender-affirming care for transgender teens struggling with mental health issues was signed into law in 2023.
Over the past three years, anti-LGBTQ+ "firsts" have piled up, MAP's analysis finds: the first legislative ban on transgender youth playing sports that match their gender identity in Idaho, the first legislative ban on medical care that affirms gender for transgender youth in Arkansas, the first state ban on using X as a gender marker on ID documents in Oklahoma, and the first "Don't Say You're Gay" law passed in 20 years in Florida.
More than half of Florida's queer parents have considered leaving the state since Don't Say Gay, study finds.
The Biden administration has openly supported LGBTQ+ rights, directing federal agencies to roll back Trump-era policies they say are discriminatory and prioritizing data collection on LGBTQ+ experiences.
Biden, remember, is the man who in 2012 forced Barack Obama's public evolution on same-sex marriage faster than his White House would have liked. And since taking over the Over Office, he has staffed his administration to ensure that LGBTQ people have prominent seats at the decision-making tables.
Still, at least 417 anti-LGBTQ bills have been introduced in state legislatures across the United States since the start of the year — a new record, according to April 3 data from the American Civil Liberties Union. This is already more than double the number of such bills presented all of last year.
The bills being introduced attack LGBTQ people, particularly transgender youth, in seven key areas:
- Access to health care
- Lawmakers are targeting access to medically necessary health care for transgender people. Many of these bills prohibit the provision of care for transgender youth and may even create criminal penalties for providing such care. 35 bills target healthcare access for transgender people.
- Schools & Education
- State lawmakers are trying to prevent transgender students from participating in school activities like sports, force teachers to remove students, and censor in-school discussions about LGBTQ people and issues. 58 bills target LGBTQ rights in schools and educational settings.
- Free Speech & Expression
- Despite the First Amendment's safeguards of the right to free expression, politicians are fighting to limit how and when LGBTQ people can be themselves, limiting access to books about them and trying to ban or censor performances like shows wire. 19 bills target freedom of speech and expression for LGBTQ people .
- Access to accurate IDs
- These bills attempt to limit the ability to update gender information on IDs and records, such as birth certificates and driver's licenses. Four bills target the right to accurate identity documents for transgender people.
- Weakening Civil Rights Laws
- These bills attempt to undermine and weaken nondiscrimination laws by allowing employers, businesses, and even hospitals to turn away LGBTQ people or deny them equal treatment. Seven bills seek to weaken existing civil rights laws.
- Public accommodations
- These bills prohibit transgender people from using facilities such as public restrooms and locker rooms.
- Other anti-LGBTQ bills
- These bills do not fit into any of the other categories, but they nevertheless target the rights of LGBTQ people. Examples include restrictions on marriage and laws that pre-empt local protections against discrimination. Five bills target LGBTQ people and rights, including proposed amendments to define transgender people out of existence .
The LGBTQ community is under attack in 2023 in the most "democratic and free" country in the world, the USA. And on the other hand it is gaining rights in countries such as the Cook Islands, Taiwan, Andorra and Slovenia, which recognize basic rights such as same-sex marriage, the decriminalization of homosexuality and of course Spain's ley trans law, a bill that allows all transgender people aged 16 and over to legally change their gender simply by signing a declaration, without the need for prior psychological counseling with a therapist, and transgender people aged 12 to 16 to legally change their gender under certain conditions.
Her rights lgbtq community in 2023:
Iowa, United States
Censorship of LGBT issues becomes state-enforced.
Bans discussion of LGBT issues in school until 6th grade.
Belgium
Blood donation by MSM is prohibited (3 month postponement).
From 1 July 2023, MSM wishing to donate blood face a 4-month grace period.
New Zealand
The right to change legal gender becomes legal, no surgery required.
The law has changed under the Registration of Births, Deaths, Marriages and Relationships Act 2021, which comes into force on 15 June 2023. This will allow self-determination of gender and means you won't have to go through the Family Court to change your your indicated sex/gender and you won't even require proof of medical treatment to do so.
Cook Islands
Homosexual activity becomes legal.
Under the Crimes (Sexual Offences) Amendment Bill any clauses making consensual sexual acts between men illegal will be removed from the Crimes Act and come into force on 1 June.
Uganda
Gay marriage becomes illegal.
The "Anti-Homosexuality Bill" signed into law by President Yoweri Museveni states that same-sex marriage is punishable by 10 years in prison. The same punishment is imposed on those who perform same-sex marriage ceremonies.
Censorship of LGBT issues is met with imprisonment as punishment.
As of May 29, 2023, the anti-homosexuality bill was passed. This is punishable by a fine or 5 years imprisonment for "promoting homosexuality" or using electronic devices for "homosexual purposes". In practice, this prevents accurate discussion of LGBT issues in the Ugandan media.
Homosexual activity becomes illegal (another penalty).
President Yoweri Museveni signed an 'Anti-Homosexuality' bill into law. This still makes homosexuality punishable by life imprisonment, but the bill allows homosexuality to be punished by death in some cases. These cases are largely made up of "aggravated homosexuality," which includes serial offenders, rapists, people with HIV, child rape or consensual sex, and people with disabilities. "Attempted homosexuality" is punishable by up to 10 years in prison, while "attempted aggravated homosexuality" is punishable by up to 14 years.
Cyprus
Transition therapy is prohibited.
The practice and advertising of transition therapy was banned after 36 members of parliament (out of 50 in total) voted to pass the new bill into law.
Mexico
Legal recognition of non-binary gender is recognized.
Under the new policy, non-binary Mexican citizens can choose to replace a gender category on their passports with an "X" instead of selecting male or female.
Taiwan
Same-sex adoption is only available to married couples.
Taiwan's parliament has approved an amendment allowing same-sex couples to jointly adopt children. However, only married couples can adopt jointly in Taiwan.
United States
Blood donations by MSM become legal.
FDA's new blood donation policy eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their gender or sexual orientation.
Finland
New legislation has lifted previous requirements for gender confirmation surgery and sterilization in order to legally change someone's gender. Recognition will be available for adults upon written application after a mandatory 30-day "reflection period". Minors under the age of 18 are not allowed to change their gender status. The new law enters into force on April 3, 2023.
Tennessee, United States
Tennessee introduced a bill banning "adult performances" where minors could be present or able to see. The bill's wording describes "dressing as a gender other than that assigned at birth" as part of a performance that is not suitable for minors and therefore prohibited in public places. This not only bans drag shows, but also any performance by a transgender person in public.
Germany
Blood donations by MSM become legal.
On April 1, 2023, the Transfusionsgesetz (TFG) was amended to completely remove restrictions on blood donations by MSM. The amendment to the law therefore obliges the German Medical Association to then adjust the blood donation guidelines within four months in agreement with the Paul Ehrlich Institute, Germany's medical regulatory body.
Venezuela
To serve openly in the army become lesbians, gays, bisexuals are allowed, transgender people are prohibited.
The Supreme Judicial Court struck down Section 565 of the Code of Military Justice, which previously prohibited same-sex sexual activity in the armed forces. The court ruled that the law was inconsistent with the Constitution and international human rights agreements. However, transgender people were not specifically mentioned in the decision.
Slovakia
The right to change legal gender becomes unclear.
On March 3, 2023, the previously suspended standards of care for transgender people were signed back into force and republished by former Minister of Health Vladimír Lengvarský. However, the impact of the standards on access to care and acceptance by registries remains to be seen.
Bulgaria
The right to change legal gender becomes illegal.
Transgender people are now banned from legally changing their gender in Bulgaria, according to the country's Supreme Court, which issued a ruling that is automatically binding on all other courts.
Andorra
The right to change legal gender becomes legal, no surgery required.
On July 21, 2022, the Andorran government passed a law stating that transgender people can change gender without medical intervention. The law is expected to take effect in 2023, but no date has yet been announced.
He also passed a law granting marriage rights to same-sex couples in the country. The law is expected to take effect in 2023, but no date has yet been announced.
Moldova
LGBT discrimination in employment translates into sexual orientation and gender identity.
LGBT discrimination is made illegal.
Hong Kong
The right to change legal gender becomes legal, no surgery required.
The Court of Final Appeals ruled in favor of the two men and ruled the requirement for surgery unconstitutional.
Netherlands
LGBT discrimination is made illegal.
Sexual orientation was added as a protected category from discrimination in the Dutch constitution after successful votes in the Senate and House of Representatives. Previously, the Equal Rights Act 1993 protected sexual orientation and was interpreted to also protect gender identity, gender expression and characteristics.
Suriname
The Constitutional Court of Suriname refused to recognize the same-sex marriage performed in Argentina. The court ruled that the same-sex marriage ban does not violate Suriname's constitution or obligations under the Interamerican Convention for Human Rights.
Hungary
The right to change legal gender becomes illegal.
On January 31, Hungary's Constitutional Court issued a ruling that will continue to block new applications from transgender people for legal gender recognition.
This queer month may be a celebration full of colors and hopes, but we have a long way to go until we can recognize the basic rights of every person and every gender or genderless being, not only in our country, which together with many other countries in Europe do very little steps in this direction but also throughout the world, where we see anti-lgbtq practices gaining ground, a painful and sad fact for the future.
*Cover photo: lacapannadelsilenzio