REPORT: Preempting LGBTQ+ Rights: How States Undermine Local Leadership and Innovation on LGBTQ+ Equality

February 13, 2024

Throughout the history of the LGBTQ+ rights movement, local governments have been leaders in securing new rights for LGBTQ+ individuals and families. However, the ability of local officials to lead on LGBTQ+ equality is increasingly under assault.

In 2023, state legislators introduced a record number of anti-LGBTQ+ bills, with many attacking the rights of transgender and nonbinary individuals. There are no indications that the 2024 legislative session will be any different. In fact, given the upcoming federal and state elections, there is likely to be an uptick in such bills. These hostile, anti-LGBTQ+ efforts target many different facets of the LGBTQ+ community and pursue a range of approaches to roll back LGBTQ+ equality.

Preemption of local government authority is one tactic that is commonly included in anti-LGBTQ+ measures. Of the state anti-LGBTQ+ bills introduced in the 2023 legislative session, at least one-third included preemption provisions that would limit the authority of local governments and lawmakers to pass measures protecting LGBTQ+ individuals and families or otherwise advancing LGBTQ+ rights.

In a new paper from A Better Balance, Local Solutions Support Center, and Equality Federation, we trace the local roots of LGBTQ+ equality in the United States and highlight the different types of abusive preemption that target local authority to protect LGBTQ+ individuals.

Read the full report here.

More You might like

Black & LGBTQ+ Organizations Mobilize in High-Stakes Supreme Court Battle

We joined The Center for HIV Law and Policy (CHLP), PrEP in Black America (PIBA), Afiya Center (Dallas), Women with a Vision (New Orleans), SisterLove (Atlanta), and BlaqOut (Kansas City, Missouri) in filing an amicus, or “friend of the court,” brief in the Braidwood v Kennedy case on appeal in the Supreme Court in order to take a stand defending access to preventative health care nationally and to protect the Black and brown lives that will be lost should this access be overturned.

March 19, 2025
Leading Doesn’t Have to Be Lonely

Last month, we hosted our New Executive Director Intensive, one of our longest-running leadership programs. For over a decade, this program has brought together Executive Directors who are new in their role to foster healthy, sustainable organizations and leadership practices. Here are inspiring takeaways we got out of this year’s intensive!

March 19, 2025
Spotlight Interview featuring Ronnie, Advocacy, Policy, & Partnerships Director at FreeState Justice

In recognition of HIV is Not a Crime Day and Maryland's recent groundbreaking progress toward HIV law reform, we sat down for a conversation with Ronnie at FreeState Justice, one of our state partners. We discuss Maryland’s historic progress, its significance in the current landscape of HIV criminalization across the United States, and the importance of Black LGBTQ+ leadership in shaping HIV justice.

March 19, 2025
A young man looking up, smilingA young man smiling straight at the camera
Confident young woman standing with crossed arms.

Want To Make A Difference? Support Our Work

With your support, we'll be able to continue our work to build the leaders of today and tomorrow, strengthen state-based LGBTQ+ organizations, and make critical progress on the issues that matter most—like protecting transgender people, ending HIV criminalization and ensuring access to care, and banning conversion therapy across the country.