In recent years, Republican-led states have enacted numerous laws that directly affect LGBTQ+ people, particularly transgender individuals, leading to heated debates on inclusion, fairness, and rights. However, amid these policy decisions, a crucial element has been largely absent: reliable data on the LGBTQ+ and intersex populations. This dearth of information complicates the legislative process, leaving lawmakers without a baseline understanding of the number of people directly impacted by these laws.
The Williams Institute at the UCLA School of Law, a think tank specializing in researching sexual orientation and gender identity demographics for informing public policy, emphasizes the importance of studying the population to comprehend the real impact of legislation. Without this vital data, the laws are crafted without a comprehensive understanding of their potential consequences.
Overlooking the Intersex Population
Among the overlooked demographics are intersex individuals, those born with physical traits that do not fit typical definitions for male or female categories. A new Kansas law exemplifies this oversight by defining a person’s sex rigidly, neglecting intersex individuals, and ignoring transgender and nonbinary residents. Additionally, some legislative discussions on gender-affirming care bans have been tainted by a discredited 2018 study, leading to inaccurate assessments of transgender population numbers and influencing lawmaking in states like Georgia and Idaho.
Insufficient Data on Intersex and LGBTQ+ Population
Advocacy groups estimate that about 1.7% of people in the U.S. are born intersex, approximately 5.6 million individuals, encompassing various naturally occurring physical variations. However, due to a lack of tracking and reporting, not all intersex people are identified at birth, and many might only discover their intersex status later in life. Consequently, there is a significant dearth of data on intersex demographics.
Similarly, estimating the LGBTQ+ population is challenging due to past stigma and limited data collection. The Williams Institute approximates more than 13 million lesbian, gay, bisexual, and transgender individuals in the U.S., with nearly 300,000 young people and 1.3 million adults identifying as transgender. However, the true extent of LGBTQ+ individuals might be higher, as the 2021 Census only recently added questions about sexual orientation and gender identity.
The Challenge of Identifying Trends
Efforts to quantify the LGBTQ+ population have improved in recent years, leading to slight increases in young people identifying as transgender. However, research remains ongoing, and further data collection is required to gain a comprehensive and accurate picture.
As states continue to pass legislation impacting LGBTQ+ people, the importance of robust data cannot be overstated. Informed policy decisions should be based on a thorough understanding of the affected communities, including intersex and LGBTQ+ individuals. It is through comprehensive research and accurate data that lawmakers can ensure fair and just legislation, respectful of the rights and dignity of all citizens.