Here’s how much legislation in each state restricts or protects trans youth
Stacker took a look at state-by-state data on sexual orientation and gender identity policies that affect transgender youth from the Transgender Law Center.
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Here’s how much legislation in each state restricts or protects trans youthdariatorchukova // Shutterstock
Superficially, Americans and their legislators accept and understand LGBTQ+ individuals more now than even a decade ago. The Supreme Court's 2015 decision to legalize same-gender marriage stands as of the most tangible and significant wins for LGBTQ+ rights—yet the 2015 ruling only directly protected cisgender lesbian, gay, and bisexual individuals.
At least 19 states in 2016 considered bathroom bills, legislation that would force every person to use the gendered restroom matching the gender listed on their birth certificate. North Carolina passed this legislation, igniting conversations across the country and empowering lawmakers to draft similar bills in other states. But sister bills struggled to pass, and even North Carolina has since repealed its bathroom bill.
Several congressional representatives have turned to gender legislation to target a new group: transgender youth.
Stacker took a look at state-by-state data on sexual orientation and gender identity policies that affect transgender youth from the Transgender Law Center.
All 50 states and Washington D.C. were then ranked by their total “policy tallies” (the number of laws and policies driving equality for LGBTQ+ people), with #51 being the most restrictive state and #1 being the most protective state of trans youth. Negative tallies mean more discrimination laws exist than protection laws.
TLC's policy tally accounts only for passed legislation and does not take into account activism efforts, attitudes, and feelings expressed by people in the state, nor implementations of these laws. The core categories TLC considered revolve around relationships and parental recognition, nondiscrimination, religious exemptions, LGBTQ+ youth, health care, criminal justice, and identity documents.
TLC's findings capture how trans youth remain protected or vulnerable by statutory law, but legislation is elastic and lawmakers introduce new bills constantly. One category of these rankings only capture laws pertaining to sexuality since significant overlap exists within the queer community and within the legislation. Many lesbian, gay, or bisexual individuals also identify as transgender, nonbinary, or gender nonconforming, meaning LGBTQ+ individuals can identify with more than one queer identity.
Since 2020, anti-trans youth legislation claiming to protect children popped up more frequently in state legislatures, entering the more mainstream lexicon in 2021. During the first three months of 2022, lawmakers filed about 240 anti-LGBTQ+ laws—most of which targeted trans people.
Tennessee, the top state for anti-trans youth legislation, in 2017 signed a bill into law preventing trans children from receiving gender-affirming care. It was the fifth anti-trans law to pass in the state. Bills like these claim to protect parents and children, yet lawmakers in Tennessee are also considering a bill that would establish common-law marriages in the state between “one man and one woman” while eliminating age restrictions for marriage.
While anti-trans youth legislation outnumbers legislation to protect trans youth, several states have enacted or are considering laws intended to protect trans children. California has gone so far as to introduce a bill to accept families escaping anti-trans youth legislation. Colorado—formerly known as the “Hate State” for its history of passing anti-LGBTQ+ legislation throughout the ’90s—passed legislation banning conversion therapy, prohibiting bullying based on LGBTQ+ identities, and ending discrimination against LGBTQ+ families adopting children. Hawaii passed legislation in March that would require health insurance companies to pay for gender-affirming care—but not until 2060.
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dariatorchukova // ShutterstockSuperficially, Americans and their legislators accept and understand LGBTQ+ individuals more now than even a decade ago. The Supreme Court's 2015 decision to legalize same-gender marriage stands as of the most tangible and significant wins for LGBTQ+ rights—yet the 2015 ruling only directly protected cisgender lesbian, gay, and bisexual individuals.
At least 19 states in 2016 considered bathroom bills, legislation that would force every person to use the gendered restroom matching the gender listed on their birth certificate. North Carolina passed this legislation, igniting conversations across the country and empowering lawmakers to draft similar bills in other states. But sister bills struggled to pass, and even North Carolina has since repealed its bathroom bill.
Several congressional representatives have turned to gender legislation to target a new group: transgender youth.
Stacker took a look at state-by-state data on sexual orientation and gender identity policies that affect transgender youth from the Transgender Law Center.
All 50 states and Washington D.C. were then ranked by their total “policy tallies” (the number of laws and policies driving equality for LGBTQ+ people), with #51 being the most restrictive state and #1 being the most protective state of trans youth. Negative tallies mean more discrimination laws exist than protection laws.
TLC's policy tally accounts only for passed legislation and does not take into account activism efforts, attitudes, and feelings expressed by people in the state, nor implementations of these laws. The core categories TLC considered revolve around relationships and parental recognition, nondiscrimination, religious exemptions, LGBTQ+ youth, health care, criminal justice, and identity documents.
TLC's findings capture how trans youth remain protected or vulnerable by statutory law, but legislation is elastic and lawmakers introduce new bills constantly. One category of these rankings only capture laws pertaining to sexuality since significant overlap exists within the queer community and within the legislation. Many lesbian, gay, or bisexual individuals also identify as transgender, nonbinary, or gender nonconforming, meaning LGBTQ+ individuals can identify with more than one queer identity.
Since 2020, anti-trans youth legislation claiming to protect children popped up more frequently in state legislatures, entering the more mainstream lexicon in 2021. During the first three months of 2022, lawmakers filed about 240 anti-LGBTQ+ laws—most of which targeted trans people.
Tennessee, the top state for anti-trans youth legislation, in 2017 signed a bill into law preventing trans children from receiving gender-affirming care. It was the fifth anti-trans law to pass in the state. Bills like these claim to protect parents and children, yet lawmakers in Tennessee are also considering a bill that would establish common-law marriages in the state between “one man and one woman” while eliminating age restrictions for marriage.
While anti-trans youth legislation outnumbers legislation to protect trans youth, several states have enacted or are considering laws intended to protect trans children. California has gone so far as to introduce a bill to accept families escaping anti-trans youth legislation. Colorado—formerly known as the “Hate State” for its history of passing anti-LGBTQ+ legislation throughout the ’90s—passed legislation banning conversion therapy, prohibiting bullying based on LGBTQ+ identities, and ending discrimination against LGBTQ+ families adopting children. Hawaii passed legislation in March that would require health insurance companies to pay for gender-affirming care—but not until 2060.
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Here’s how much legislation in each state restricts or protects trans youthMihai_Andritoiu // Shutterstock
- Overall tally: -6
- Gender identity policy tally: -5.75
- Sexual orientation policy tally: -0.25
Mihai_Andritoiu // Shutterstock- Overall tally: -6
- Gender identity policy tally: -5.75
- Sexual orientation policy tally: -0.25
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Here’s how much legislation in each state restricts or protects trans youthW. Scott McGill // Shutterstock
- Overall tally: -5.5
- Gender identity policy tally: -5
- Sexual orientation policy tally: -0.5
W. Scott McGill // Shutterstock- Overall tally: -5.5
- Gender identity policy tally: -5
- Sexual orientation policy tally: -0.5
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Here’s how much legislation in each state restricts or protects trans youthJoseph Sohm // Shutterstock
- Overall tally: -4.5
- Gender identity policy tally: -4
- Sexual orientation policy tally: -0.5
Joseph Sohm // Shutterstock- Overall tally: -4.5
- Gender identity policy tally: -4
- Sexual orientation policy tally: -0.5
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Here’s how much legislation in each state restricts or protects trans youthKristi Blokhin // Shutterstock
- Overall tally: -4
- Gender identity policy tally: -3.5
- Sexual orientation policy tally: -0.5
Kristi Blokhin // Shutterstock- Overall tally: -4
- Gender identity policy tally: -3.5
- Sexual orientation policy tally: -0.5
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Here’s how much legislation in each state restricts or protects trans youthSean Pavone // Shutterstock
- Overall tally: -3.5
- Gender identity policy tally: -3
- Sexual orientation policy tally: -0.5
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Sean Pavone // Shutterstock- Overall tally: -3.5
- Gender identity policy tally: -3
- Sexual orientation policy tally: -0.5
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Here’s how much legislation in each state restricts or protects trans youthJoseph Sohm // Shutterstock
- Overall tally: -3
- Gender identity policy tally: -5
- Sexual orientation policy tally: 2
Joseph Sohm // Shutterstock- Overall tally: -3
- Gender identity policy tally: -5
- Sexual orientation policy tally: 2
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Here’s how much legislation in each state restricts or protects trans youthNagel Photography // Shutterstock
- Overall tally: -2.5
- Gender identity policy tally: -3.5
- Sexual orientation policy tally: 1
Nagel Photography // Shutterstock- Overall tally: -2.5
- Gender identity policy tally: -3.5
- Sexual orientation policy tally: 1
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Here’s how much legislation in each state restricts or protects trans youthf11photo // Shutterstock
- Overall tally: -0.5
- Gender identity policy tally: -3
- Sexual orientation policy tally: 2.5
f11photo // Shutterstock- Overall tally: -0.5
- Gender identity policy tally: -3
- Sexual orientation policy tally: 2.5
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Here’s how much legislation in each state restricts or protects trans youthJon Bilous // Shutterstock
- Overall tally: -0.5
- Gender identity policy tally: -1.5
- Sexual orientation policy tally: 1
Jon Bilous // Shutterstock- Overall tally: -0.5
- Gender identity policy tally: -1.5
- Sexual orientation policy tally: 1
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Here’s how much legislation in each state restricts or protects trans youthCrackerClips Stock Media // Shutterstock
- Overall tally: 0.5
- Gender identity policy tally: -2.25
- Sexual orientation policy tally: 2.75
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CrackerClips Stock Media // Shutterstock- Overall tally: 0.5
- Gender identity policy tally: -2.25
- Sexual orientation policy tally: 2.75
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Here’s how much legislation in each state restricts or protects trans youthNagel Photography // Shutterstock
- Overall tally: 0.75
- Gender identity policy tally: -2.75
- Sexual orientation policy tally: 3.5
Nagel Photography // Shutterstock- Overall tally: 0.75
- Gender identity policy tally: -2.75
- Sexual orientation policy tally: 3.5
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Here’s how much legislation in each state restricts or protects trans youthNagel Photography // Shutterstock
- Overall tally: 1.75
- Gender identity policy tally: -0.75
- Sexual orientation policy tally: 2.5
Nagel Photography // Shutterstock- Overall tally: 1.75
- Gender identity policy tally: -0.75
- Sexual orientation policy tally: 2.5
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Here’s how much legislation in each state restricts or protects trans youthEQRoy // Shutterstock
- Overall tally: 2.25
- Gender identity policy tally: -3.5
- Sexual orientation policy tally: 5.75
EQRoy // Shutterstock- Overall tally: 2.25
- Gender identity policy tally: -3.5
- Sexual orientation policy tally: 5.75
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Here’s how much legislation in each state restricts or protects trans youthNagel Photography // Shutterstock
- Overall tally: 3.75
- Gender identity policy tally: -0.5
- Sexual orientation policy tally: 4.25
Nagel Photography // Shutterstock- Overall tally: 3.75
- Gender identity policy tally: -0.5
- Sexual orientation policy tally: 4.25
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Here’s how much legislation in each state restricts or protects trans youthMihai_Andritoiu // Shutterstock
- Overall tally: 4
- Gender identity policy tally: -0.5
- Sexual orientation policy tally: 4.5
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Mihai_Andritoiu // Shutterstock- Overall tally: 4
- Gender identity policy tally: -0.5
- Sexual orientation policy tally: 4.5
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Here’s how much legislation in each state restricts or protects trans youthJacob Boomsma // Shutterstock
- Overall tally: 4
- Gender identity policy tally: -1.25
- Sexual orientation policy tally: 5.25
Jacob Boomsma // Shutterstock- Overall tally: 4
- Gender identity policy tally: -1.25
- Sexual orientation policy tally: 5.25
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Here’s how much legislation in each state restricts or protects trans youthSean Pavone // Shutterstock
- Overall tally: 4
- Gender identity policy tally: -1.5
- Sexual orientation policy tally: 5.5
Sean Pavone // Shutterstock- Overall tally: 4
- Gender identity policy tally: -1.5
- Sexual orientation policy tally: 5.5
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Here’s how much legislation in each state restricts or protects trans youthvmfreire // Shutterstock
- Overall tally: 5.75
- Gender identity policy tally: 2
- Sexual orientation policy tally: 3.75
vmfreire // Shutterstock- Overall tally: 5.75
- Gender identity policy tally: 2
- Sexual orientation policy tally: 3.75
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Here’s how much legislation in each state restricts or protects trans youthZack Frank // Shutterstock
- Overall tally: 5.75
- Gender identity policy tally: 1
- Sexual orientation policy tally: 4.75
Zack Frank // Shutterstock- Overall tally: 5.75
- Gender identity policy tally: 1
- Sexual orientation policy tally: 4.75
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Here’s how much legislation in each state restricts or protects trans youthSean Pavone // Shutterstock
- Overall tally: 6.5
- Gender identity policy tally: 1.25
- Sexual orientation policy tally: 5.25
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Sean Pavone // Shutterstock- Overall tally: 6.5
- Gender identity policy tally: 1.25
- Sexual orientation policy tally: 5.25
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Here’s how much legislation in each state restricts or protects trans youthNagel Photography // Shutterstock
- Overall tally: 7.75
- Gender identity policy tally: 3
- Sexual orientation policy tally: 4.75
Nagel Photography // Shutterstock- Overall tally: 7.75
- Gender identity policy tally: 3
- Sexual orientation policy tally: 4.75
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Here’s how much legislation in each state restricts or protects trans youthMihai_Andritoiu // Shutterstock
- Overall tally: 9.75
- Gender identity policy tally: 3.75
- Sexual orientation policy tally: 6
Mihai_Andritoiu // Shutterstock- Overall tally: 9.75
- Gender identity policy tally: 3.75
- Sexual orientation policy tally: 6
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Here’s how much legislation in each state restricts or protects trans youthSusan M Hall // Shutterstock
- Overall tally: 10.25
- Gender identity policy tally: 3
- Sexual orientation policy tally: 7.25
Susan M Hall // Shutterstock- Overall tally: 10.25
- Gender identity policy tally: 3
- Sexual orientation policy tally: 7.25
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Here’s how much legislation in each state restricts or protects trans youthJoseph Sohm // Shutterstock
- Overall tally: 11.75
- Gender identity policy tally: 4.25
- Sexual orientation policy tally: 7.5
Joseph Sohm // Shutterstock- Overall tally: 11.75
- Gender identity policy tally: 4.25
- Sexual orientation policy tally: 7.5
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Here’s how much legislation in each state restricts or protects trans youthInnovativeImages // Shutterstock
- Overall tally: 14.25
- Gender identity policy tally: 6.25
- Sexual orientation policy tally: 8
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InnovativeImages // Shutterstock- Overall tally: 14.25
- Gender identity policy tally: 6.25
- Sexual orientation policy tally: 8
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Here’s how much legislation in each state restricts or protects trans youthReal Window Creative // Shutterstock
- Overall tally: 15.5
- Gender identity policy tally: 9.25
- Sexual orientation policy tally: 6.25
Real Window Creative // Shutterstock- Overall tally: 15.5
- Gender identity policy tally: 9.25
- Sexual orientation policy tally: 6.25
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Here’s how much legislation in each state restricts or protects trans youthGrindstone Media Group // Shutterstock
- Overall tally: 17
- Gender identity policy tally: 6
- Sexual orientation policy tally: 11
Grindstone Media Group // Shutterstock- Overall tally: 17
- Gender identity policy tally: 6
- Sexual orientation policy tally: 11
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Here’s how much legislation in each state restricts or protects trans youthRob Pauley // Shutterstock
- Overall tally: 17.75
- Gender identity policy tally: 9
- Sexual orientation policy tally: 8.75
Rob Pauley // Shutterstock- Overall tally: 17.75
- Gender identity policy tally: 9
- Sexual orientation policy tally: 8.75
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Here’s how much legislation in each state restricts or protects trans youthSuzanne Tucker // Shutterstock
- Overall tally: 18
- Gender identity policy tally: 5.25
- Sexual orientation policy tally: 12.75
Suzanne Tucker // Shutterstock- Overall tally: 18
- Gender identity policy tally: 5.25
- Sexual orientation policy tally: 12.75
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Here’s how much legislation in each state restricts or protects trans youthNagel Photography // Shutterstock
- Overall tally: 19
- Gender identity policy tally: 11.25
- Sexual orientation policy tally: 7.75
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Nagel Photography // Shutterstock- Overall tally: 19
- Gender identity policy tally: 11.25
- Sexual orientation policy tally: 7.75
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Here’s how much legislation in each state restricts or protects trans youthNagel Photography // Shutterstock
- Overall tally: 25.25
- Gender identity policy tally: 12.75
- Sexual orientation policy tally: 12.5
Nagel Photography // Shutterstock- Overall tally: 25.25
- Gender identity policy tally: 12.75
- Sexual orientation policy tally: 12.5
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Here’s how much legislation in each state restricts or protects trans youthNagel Photography // Shutterstock
- Overall tally: 26
- Gender identity policy tally: 14.5
- Sexual orientation policy tally: 11.5
Nagel Photography // Shutterstock- Overall tally: 26
- Gender identity policy tally: 14.5
- Sexual orientation policy tally: 11.5
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Here’s how much legislation in each state restricts or protects trans youthWangkun Jia // Shutterstock
- Overall tally: 27.5
- Gender identity policy tally: 14
- Sexual orientation policy tally: 13.5
Wangkun Jia // Shutterstock- Overall tally: 27.5
- Gender identity policy tally: 14
- Sexual orientation policy tally: 13.5
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Here’s how much legislation in each state restricts or protects trans youthTraveller70 // Shutterstock
- Overall tally: 28
- Gender identity policy tally: 14.5
- Sexual orientation policy tally: 13.5
Traveller70 // Shutterstock- Overall tally: 28
- Gender identity policy tally: 14.5
- Sexual orientation policy tally: 13.5
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Here’s how much legislation in each state restricts or protects trans youthFelix Lipov // Shutterstock
- Overall tally: 29.75
- Gender identity policy tally: 16.5
- Sexual orientation policy tally: 13.25
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Felix Lipov // Shutterstock- Overall tally: 29.75
- Gender identity policy tally: 16.5
- Sexual orientation policy tally: 13.25
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Here’s how much legislation in each state restricts or protects trans youthNagel Photography // Shutterstock
- Overall tally: 31
- Gender identity policy tally: 16
- Sexual orientation policy tally: 15
Nagel Photography // Shutterstock- Overall tally: 31
- Gender identity policy tally: 16
- Sexual orientation policy tally: 15
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Here’s how much legislation in each state restricts or protects trans youthWangkun Jia // Shutterstock
- Overall tally: 32.5
- Gender identity policy tally: 16
- Sexual orientation policy tally: 16.5
Wangkun Jia // Shutterstock- Overall tally: 32.5
- Gender identity policy tally: 16
- Sexual orientation policy tally: 16.5
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Here’s how much legislation in each state restricts or protects trans youthBelikova Oksana // Shutterstock
- Overall tally: 33.5
- Gender identity policy tally: 17.25
- Sexual orientation policy tally: 16.25
Belikova Oksana // Shutterstock- Overall tally: 33.5
- Gender identity policy tally: 17.25
- Sexual orientation policy tally: 16.25
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Here’s how much legislation in each state restricts or protects trans youthRandy Runtsch // Shutterstock
- Overall tally: 33.5
- Gender identity policy tally: 18.25
- Sexual orientation policy tally: 15.25
Randy Runtsch // Shutterstock- Overall tally: 33.5
- Gender identity policy tally: 18.25
- Sexual orientation policy tally: 15.25
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Here’s how much legislation in each state restricts or protects trans youthMoab Republic // Shutterstock
- Overall tally: 35
- Gender identity policy tally: 18
- Sexual orientation policy tally: 17
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Moab Republic // Shutterstock- Overall tally: 35
- Gender identity policy tally: 18
- Sexual orientation policy tally: 17
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Here’s how much legislation in each state restricts or protects trans youthOrhan Cam // Shutterstock
- Overall tally: 36
- Gender identity policy tally: 19
- Sexual orientation policy tally: 17
Orhan Cam // Shutterstock- Overall tally: 36
- Gender identity policy tally: 19
- Sexual orientation policy tally: 17
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Here’s how much legislation in each state restricts or protects trans youthSean Pavone // Shutterstock
- Overall tally: 36
- Gender identity policy tally: 18.5
- Sexual orientation policy tally: 17.5
Sean Pavone // Shutterstock- Overall tally: 36
- Gender identity policy tally: 18.5
- Sexual orientation policy tally: 17.5
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Here’s how much legislation in each state restricts or protects trans youthJames Curzio // Shutterstock
- Overall tally: 36.5
- Gender identity policy tally: 19.5
- Sexual orientation policy tally: 17
James Curzio // Shutterstock- Overall tally: 36.5
- Gender identity policy tally: 19.5
- Sexual orientation policy tally: 17
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Here’s how much legislation in each state restricts or protects trans youthAlways Wanderlust / Shutterstock
- Overall tally: 36.75
- Gender identity policy tally: 20
- Sexual orientation policy tally: 16.75
Always Wanderlust / Shutterstock- Overall tally: 36.75
- Gender identity policy tally: 20
- Sexual orientation policy tally: 16.75
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Here’s how much legislation in each state restricts or protects trans youthWangkun Jia // Shutterstock
- Overall tally: 37
- Gender identity policy tally: 18.5
- Sexual orientation policy tally: 18.5
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Wangkun Jia // Shutterstock- Overall tally: 37
- Gender identity policy tally: 18.5
- Sexual orientation policy tally: 18.5
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Here’s how much legislation in each state restricts or protects trans youthNagel Photography // Shutterstock
- Overall tally: 37
- Gender identity policy tally: 20
- Sexual orientation policy tally: 17
Nagel Photography // Shutterstock- Overall tally: 37
- Gender identity policy tally: 20
- Sexual orientation policy tally: 17
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Here’s how much legislation in each state restricts or protects trans youthSean Pavone // Shutterstock
- Overall tally: 37.5
- Gender identity policy tally: 20
- Sexual orientation policy tally: 17.5
Sean Pavone // Shutterstock- Overall tally: 37.5
- Gender identity policy tally: 20
- Sexual orientation policy tally: 17.5
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Here’s how much legislation in each state restricts or protects trans youthJacob Boomsma // Shutterstock
- Overall tally: 38
- Gender identity policy tally: 20.5
- Sexual orientation policy tally: 17.5
Jacob Boomsma // Shutterstock- Overall tally: 38
- Gender identity policy tally: 20.5
- Sexual orientation policy tally: 17.5
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Here’s how much legislation in each state restricts or protects trans youthWangkun Jia // Shutterstock
- Overall tally: 39
- Gender identity policy tally: 20.5
- Sexual orientation policy tally: 18.5
Wangkun Jia // Shutterstock- Overall tally: 39
- Gender identity policy tally: 20.5
- Sexual orientation policy tally: 18.5
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Here’s how much legislation in each state restricts or protects trans youthSundry Photography // Shutterstock
- Overall tally: 39.25
- Gender identity policy tally: 20.75
- Sexual orientation policy tally: 18.5
Sundry Photography // Shutterstock- Overall tally: 39.25
- Gender identity policy tally: 20.75
- Sexual orientation policy tally: 18.5
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Here’s how much legislation in each state restricts or protects trans youthCreative Family // Shutterstock
- Overall tally: 39.5
- Gender identity policy tally: 20.75
- Sexual orientation policy tally: 18.75
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Creative Family // Shutterstock- Overall tally: 39.5
- Gender identity policy tally: 20.75
- Sexual orientation policy tally: 18.75
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