The Year of the Anti-LGBTQ+ Law: How Anti-LGBTQ+ Rhetoric and Messaging Create Real Harm to the LGBTQ+ Community
Anti-LGBTQ+ bills are being introduced across the nation at a startling pace. What communications strategies are behind this rise in legislation, and is it working?
We are only a third of the way through 2023, but it has already made history as one of the most prolific years in history for anti-LGBTQ+ legislation in the United States. Currently, almost 400 anti-LGBTQ+ bills are working their way through state legislatures from Maine to Florida to Oregon and everywhere in between. The vigorous pace of these bills, almost entirely put forward by Republican lawmakers, follows a marked turn in GOP messaging. Republican and conservative politicians, media stars, and activists have painted the LGBTQ+ community, specifically the transgender community, as threats to the safety of both children and the country’s moral values. These attacks are nothing new for the LGBTQ+ community, but how did we get to this point after decades of advances in LGBTQ+ rights?
Anti-transgender rhetoric from the GOP began ramping up heading into the 2022 midterm elections. Candidates across the party largely embraced the rhetoric when invoking “parental rights” around educational issues, which was a key message deployed by conservative campaigns. However, it soon spread to a broader message against “wokeness,” and conspiracy theories and misinformation ran rampant about children being forced to undergo gender-reassignment surgeries. While medical experts were quick to denounce these false claims, the anti-transgender and anti-LGBTQ+ narrative had already been widely established.
Through reframing the election as a moral battle, the party stoked deep-seated fears and uncertainties about transgender people and the broader LGBTQ+ community while also feeding into anti-LGBTQ+ bias from key components of the party’s base. The result was a nationwide effort to restrict LGBTQ+ people’s basic rights and attack a community that enjoys broader public support than at any time in history.
Is this line of rhetoric effective, though? If the sheer volume of anti-LGBTQ+ legislation is not enough evidence, then public opinion confirms its appeal.
Public support for the LGBTQ+ community often ends at discussions around transgender and non-binary folks’ rights, and polls clearly demonstrate this divide. For instance, the public is widely accepting of same-sex marriage and rights for gays and lesbians. However, public support plummets for gender-affirming healthcare for transgender youth or transgender women competing in women’s sports or using women’s restrooms. While it may be shocking to see the public’s reticence to embrace transgender rights, there may be a more subtle communications strategy at play.
The public consistently overestimates the number of gay and lesbian people in the U.S. Gallup poll data from as far back as 2002 show that Americans consistently believe approximately 20-25 percent of the population identifies as gay or lesbian. While the percentage of self-identifying LGBTQ+ people has increased over time, just over seven percent of Americans identified as LGBTQ+ in 2022. Though most polls do not separate transgender people from LGBTQ+ people when gathering public estimates, one can safely assume the public believes there are far more transgender people in the U.S. than there actually are.
For the record, there are approximately 1.6 million transgender people in the nation, which includes around 300,000 transgender youth between the ages of 13 and 17, though the true number may be higher since not all transgender folks openly identity as such due to safety concerns or other factors. Overall, transgender people comprise around half a percent of the U.S. population.
2021 Gallup data reveals that only 31 percent of Americans have a friend, relative, or coworker who has personally told them they are transgender. Since the vast majority of Americans have likely not met someone who is transgender or non-binary, it is exceptionally likely that they rely on public perceptions, media outlets, friends, family, coworkers, and other members of their community to understand what it means to be transgender or non-binary. So, when the Republican party and conservative commentators begin describing queer people as groomers and pedophiles, or call for transgender people to be “eradicated,” people may be more likely to rely on these misguided and false notions of LGBTQ+ people than step back to evaluate their own experiences with or understanding of the community.
The chasm between public perception and reality is a significant problem, and it is that space between where conservative pundits and political leaders have pounced to stoke fear and division instead of understanding and acceptance. Words carry a lot of power, and rhetoric, especially malicious rhetoric painting an entire community as dangerous, can cause serious harm to those being targeted. Here, Republican leaders and conservative pundits are manipulating public bias and genuinely innocent public misunderstandings of LGBTQ+ people to score political points while an entire community’s rights are being taken away.
Now, state legislatures across the country have introduced a range of deeply anti-LGBTQ+ policies seeking to limit everything from LGBTQ+-focused books in classrooms to drag shows to access to live-saving gender affirming healthcare for transgender youth.
Tennessee, Utah, Mississippi, and South Dakota joined Alabama and Arkansas in banning gender-affirming healthcare services for transgender youth this year. The State Commission for Human Rights in Alaska removed information from its website listing public accommodation discrimination on the basis of gender identity or sexual orientation as illegal. Arizona’s legislature introduced bills that would ban pronouns that do not align with a student’s sex at birth, reclassify drag shows as adult cabaret performances and prohibit them in certain locations, and require students to use restrooms aligning with their sex at birth.
Some states have moved in an even more extreme direction. For instance, Arkansas introduced a bill that would criminalize transgender people’s use of public restrooms in certain instances. Florida is considering bills to deem gender-affirming healthcare services as child abuse and a bill that would remove transgender youth receiving or likely to receive gender-affirming healthcare, or whose parents or siblings receive gender-affirming care, from their families. Tennessee implemented a ban on drag shows when a minor is present or if it is within 1,000 feet of a school, place of worship, or public park. Tennessee and Iowa have also introduced bills to overturn marriage equality for same-sex couples in their states, a matter the U.S. Supreme Court settled in 2015.
Republicans who oppose these blatant attacks are often met with fierce criticism from their fellow party members. For example, U.S. Representative Tony Gonzales (TX-23) was censured by the Texas Republican Party for publicly supporting marriage equality when he voted in favor of the Respect for Marriage Act last year. The Des Moines County Republican Party in Iowa also censured fellow U.S. Representative Marinette Miller-Meeks for supporting the bill. In the U.S. Senate, Republican Senators Joni Ernst of Iowa and Todd Young of Indiana were likewise censured by county Republican parties in their states for supporting the bill. These measures against solidly conservative members of Congress are further evidence of the widespread anti-LGBTQ+ rhetoric and messaging ploys within the Republican Party.
Despite the fierce assault on LGBTQ+ folks, people across the country are standing up for the community. Governor Tom Walz of Minnesota ordered state agencies to ensure transgender youth have access gender-affirming care in the state. Michigan’s legislature passed a bill prohibiting discrimination based on sexual orientation and gender identity, and Governor Gretchen Whitmer is expected to sign it. In Nebraska, Democratic state Senator Machaela Cavanaugh has vowed to filibuster a bill in the unicameral legislature that would ban access to gender-affirming care. In Utah, Republican state Senator Daniel Thatcher has repeatedly defied his party and both voted against and spoken out against anti-LGBTQ+ legislation.
The political situation facing LGBTQ+ folks is dire, and these anti-LGBTQ+ bills advancing around the country are no joke. While some elected officials in both parties are pushing back against these bills, the Republican line of rhetoric against queer people, namely transgender and non-binary people, is proving effective at both dividing the public and manipulating well-intentioned (and not-so-well-intentioned) people by presenting a warped view of who LGBTQ+ people are.
Queer people are not a threat to our children, to our culture, or to our morality, regardless of what some may have you believe. We are your neighbors, family members, friends, fellow community members, and classmates. We have hopes and dreams and fears, just like you. We want the same things you do: a safe environment for our kids to grow and learn, a better future for our families and communities, and a world where we can celebrate differences of all types. Demonizing us does not help anyone, but it does hurt us.
Words are powerful. For many, anti-LGBTQ+ rhetoric may only be a small part of your day, but for LGBTQ+ folks, our entire lives are impacted by it. Political leaders, communicators, and strategists should always be wary of attacking communities for personal or political gain.

