New laws targeting LGBTQ+ individuals are emerging in states led by the GOP. However, policymakers often lack a clear understanding of how many people will be directly affected. There is limited data on the number of LGBTQ+ residents in the U.S., particularly intersex individuals who are born with physical traits that do not conform to traditional definitions of male or female. Consequently, lawmakers are writing laws without the necessary baseline information that they may have for other demographic groups. The Williams Institute at the UCLA School of Law, a think tank that studies sexual orientation and gender identity demographics to inform policy decisions, emphasizes the need to understand the population to assess the impact of these laws.
The absence of accurate demographic information has led to legislative decisions failing to consider the effect on intersex students. For instance, a new law in Kansas defines a person’s sex as male or female based on their “biological reproductive system” at birth, effectively excluding nonbinary or intersex individuals and ignoring the existence of transgender Kansans. Furthermore, discussions about bans on gender-affirming care have been influenced by a discredited 2018 study that falsely suggested an inflated number of trans individuals due to peer influence. Such arguments supported the passage of gender-affirming care bans in Georgia, Idaho, and other states. These bans, while attempting to accommodate intersex individuals, could still restrict their access to medical care due to confusion or liability concerns among healthcare providers. Erika Lorshbough, the executive director of InterACT, an advocacy group for intersex rights, highlights the need for consent and autonomy in addressing these issues.
Current estimates from advocacy groups suggest that approximately 1.7% of individuals are born intersex, equivalent to around 5.6 million U.S. residents. These estimates are based on a study published in the American Journal of Human Biology, which analyzed medical literature from 1955 to 1998. Intersex individuals can have various natural variations in their genitalia, internal reproductive organs, chromosome patterns, or hormones. Not all intersex individuals are identified at birth, and even if they are, they may still be assigned either “male” or “female” on their birth certificates. Only a limited number of states allow for gender marker designations other than “male” or “female” on birth certificates, and not all hospitals have policies that affirm intersex individuals. Some individuals may not discover their intersex status until puberty or later, while others may only become aware of it when reviewing childhood medical records, as many intersex infants and children undergo surgeries and treatments without their consent to fit into traditional male or female categories. The American Academy of Family Physicians opposes such medically unnecessary genital surgeries performed on intersex children since 2018.
Accurate data on the number of intersex individuals is unavailable as hospitals are not required to track this information, and no nationwide survey on intersex status has been conducted by government agencies that typically collect demographic data.
Regarding the number of LGBTQ+ individuals, the Williams Institute reports that there are over 13 million lesbian, gay, bisexual, or transgender individuals in the U.S. aged 13 and older, including around 300,000 young people and 1.3 million adults who identify as transgender. However, almost half of them reside in states without protections against discrimination in areas such as work, education, housing, public accommodations, and credit. Polling by KFF and The Washington Post indicates that nationwide, approximately 2 million people identify as transgender, representing less than 1% of all adults. The majority of trans adults are under 35 years old, and most report increased life satisfaction after transitioning. Many individuals realize their transgender identity during childhood, with some understanding it at the age of 10 or younger.
The U.S. Census only started collecting data on sexual orientation and gender identity in 2021. However, data from the Household Pulse Survey by the Census found that 0.6% of responding adults described themselves as transgender, and 1.7% described themselves as neither male, female, nor trans. The same survey revealed that 4.4% of adults considered themselves bisexual, 3.3% identified as gay or lesbian, and 88.3% stated they were heterosexual. Approximately 2% identified as “something else” or were unsure.
Efforts to quantify the number of LGBTQ+ and intersex individuals in the U.S. were scarce until recent decades due to a lack of data collection, and social stigma hindered disclosure. It is worth noting that some intersex individuals also identify as part of the LGBTQ+ community, resulting in overlap between the two groups. The Williams Institute has observed a slight increase in the number of young people identifying as transgender in their demographic studies conducted in 2017 and 2022. However, Christy Mallory of the Williams Institute explains that additional research is necessary to gain a more accurate understanding of these numbers, as data collection on transgender status is a recent development for youth, and increased identification may be due to greater societal acceptance and comfort in self-identification.