Trans in America, Part 1: The Rise of LGBTQ+ Hate Crimes and Anti-Trans Laws Since 2020
There has been a significant rise in both anti-LGBTQ+ hate crimes and anti-transgender laws in recent years, which has sparked alarm among advocacy groups, mental health professionals, and the broader public. This has had a significant psychological toll on the community. Studies show that individuals who experience hate-based violence or discrimination are more likely to experience mental health issues such as depression, anxiety, and PTSD. For transgender individuals, this trauma is compounded by unique social and medical stressors, including stigma and discrimination in healthcare, employment, and social settings. In this blog, we’ll explore the key data, trends, and implications of these developments, as well as the potential impact on the LGBTQ+ community.
The Surge in LGBTQ+ Hate Crimes
The FBI’s annual Hate Crime Statistics report provides a comprehensive picture of hate crimes across the U.S., with particular increases in crimes against LGBTQ+ individuals. In fact, the Human Rights Campaign reports 1 in every 5 hate crimes now targets LGBTQ+ people, with a 40% increase in anti-trans hate crimes specifically just from 2021 to 2022 alone.
Increase in Hate Crimes: According to the FBI, hate crimes based on sexual orientation rose by 16% in 2021 compared to the previous year. Hate crimes against individuals perceived to be LGBTQ+ now represent one of the most common types of bias-motivated crime in the United States.
Anti-Transgender Hate Crimes: In 2021, the Human Rights Campaign (HRC) documented the highest number of violent deaths of transgender individuals on record, with 57 known killings. Most of these victims were trans women of color, illustrating the intersectional nature of hate crimes.
Overall Hate Crime Trends: The Southern Poverty Law Center (SPLC) reported a dramatic rise in hate groups since 2020, including those targeting LGBTQ+ individuals. According to their data, over 30% of all hate group activity in the U.S. now targets LGBTQ+ people in some capacity.
The Surge in Anti-Transgender Laws
Alongside the uptick in hate crimes, the U.S. has seen an explosion in state-level legislation aimed at restricting the rights of transgender people. This includes laws targeting transgender youth, limiting medical care, and limiting participation in sports. The rise of these laws is a reflection of broader societal and political shifts, and it’s vital to understand the scope and impact of such trends.
Record Number of Anti-Transgender Bills: According to the Human Rights Campaign, more than 500 anti-LGBTQ+ bills were introduced in 2023 alone, with over 200 specifically targeting transgender individuals. These include laws that ban gender-affirming healthcare for minors, restrict trans participation in school sports, and limit access to bathrooms matching one's gender identity.
State-Level Action: Some states, such as Texas and Florida, have passed or attempted to pass laws banning gender-affirming care for minors. These laws have led to legal challenges, protests, and significant emotional distress within affected communities. The Human Rights Campaign reports that these are also the 2 states with the highest reported hate crimes again transgender people.
Transgender Sports Bans: Over 20 states have passed laws banning transgender athletes from competing in women’s sports, a measure proponents argue is necessary for fairness, but critics view as a direct attack on transgender rights and dignity.
Impact on Gender-Affirming Care: The American Medical Association (AMA) and the American Academy of Pediatrics (AAP) have expressed strong opposition to these laws, arguing that access to gender-affirming care is essential for the well-being and mental health of transgender youth. Despite this, anti-transgender laws continue to be a point of contention in many state legislatures.
Mental Health and Social Consequences
The enactment of these laws has far-reaching consequences for transgender individuals, especially youth. Many studies have shown that access to gender-affirming care and supportive policies significantly reduces the rates of mental health struggles and suicidality among transgender individuals. Conversely, denying such care or enacting laws that stigmatize transgender people leads to increased rates of depression, anxiety, and suicidal ideation.
A 2021 study in the American Journal of Public Health found that transgender youth who had access to gender-affirming care had 73% lower odds of experiencing severe depression and 60% lower odds of considering suicide.
The HRC's 2023 State of LGBTQ+ Youth report reveals that nearly 50% of LGBTQ+ youth seriously considered suicide in the past year, with transgender youth being disproportionately affected. The enactment of laws that target transgender identities only exacerbates these mental health risks.
Intersections and Hypocrisy
The rise of anti-transgender laws is often accompanied by a broader cultural climate of hostility towards the LGBTQ+ community. The rhetoric fueling these laws stokes public misconceptions which in turn, contributes to the rise in hate crimes. Solutions may even be offered but are frequently outright dismissed.
One example of this dismissal is how medical insurance already covers gender affirming care, regardless of the sex of the person, like testosterone treatment and erectile dysfunction medications for adult cisgender men. Another is the option of hormone blocker treatment for trans girls in youth sports to prevent the masculinization from testosterone that could potentially give transgirls a performance advantage over their cisgender girl counterparts. However, a reliable regimen of hormone blockers would not only prevent transgirls from the sometimes-irreversible side effects of testosterone, which they typically spend years trying to reverse, but this also eliminates any potential for this perceived advantage to even occur. Yet these examples are often outright ignored. This circular logic and inflammatory discourse, while seemingly legal or political in nature, often translates to real-world violence and hate against real people.
Conclusions: A Call to Action
In some cases, media outlets, social media platforms, and political figures have amplified negative stereotypes about transgender people, further fueling the climate of hatred and disinformation that results in hate crimes against innocent people. The rise of anti-LGBTQ+ hate crimes and anti-transgender laws represents a grave threat to the safety and dignity of transgender people and the greater LGBTQ+ community. The intersection of these two forces—hate crimes and discriminatory legislation—creates a perfect storm of vulnerability for a community already under significant systemic and social stress.
Efforts to combat this rising tide of violence and discrimination require a multifaceted approach:
Policy Advocacy: Continued pressure on lawmakers to protect transgender rights and prevent harmful and discriminatory legislation.
Mental Health Support: Increased funding for mental health services for LGBTQ+ individuals, especially for transgender youth who are disproportionately affected by both discrimination and mental health struggles.
Education and Awareness: Public campaigns aimed at combating misconceptions about transgender people and reducing stigma.
Community Solidarity: Strengthening support networks in and outside the LGBTQ+ community to provide safe spaces and resources for those affected by hate crimes and discriminatory laws.
The current American climate presents a serious challenge, but with a unified effort, it’s possible to push back against the rise of anti-LGBTQ+ hate crimes and legislation in order to protect the rights and well-being of transgender individuals and the broader LGBTQ+ community.
Sources:
FBI Hate Crime Statistics (2021)
Human Rights Campaign (HRC) Annual Reports
Southern Poverty Law Center (SPLC) Hate Group Data
American Journal of Public Health (2021 Study on Transgender Youth)
American Medical Association (AMA) and American Academy of Pediatrics (AAP) Statements on Gender-Affirming Care
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About the Author
Sara Walter Shihdanian (she/they) is a Licensed Mental Health Counselor specializing in trauma and gender + transition, providing virtual psychotherapy in Washington state. Her extensive training and unique expertise allows her to support clients who are ready for accelerated and lasting change.