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A Global Analysis of Transgender Rights Introducing The Trans Rights Indicator Project Trip
A Global Analysis of Transgender Rights Introducing The Trans Rights Indicator Project Trip
To what extent do countries protect the rights of transgender people? How does this differ from legal protections countries offer
sexual orientation minorities? What conditions are beneficial for advancing trans rights? Limitations in data availability and
accessibility make answering these types of trans-specific questions difficult. To address this shortcoming, I introduce a new dataset.
The Trans Rights Indicator Project (TRIP) provides insight into the legal situations transgender people faced in 173 countries from
2000 to 2021. The dataset currently includes 14 indicators that capture the presence or absence of laws related to criminalization,
legal gender recognition, and anti-discrimination protections. I then use this data to discuss the global status of transgender rights
throughout the period and compare these trends to sexual orientation rights. Finally, I conclude with a preliminary analysis of three
institutional and cultural factors that may help explain variation in transgender rights throughout the world.
A
reignited wave of backlash continues to threaten et al. 2014; Longaker and Haider-Markel 2014). Doing so
the rights of transgender people throughout the neglects the rights unique to transgender individuals and
world. In the United States, legislatures across the makes important questions about this group challenging
country have put forward hundreds of anti-trans bills, to answer.
targeting rights such as access to gender-affirming health- The tendency to conflate sexual orientation and
care and legal gender recognition (ACLU 2023). Similarly, gender identity in cross-national LGBT research arises
countries like Hungary and Russia have adopted and from limitations in data availability and accessibility
expanded anti-LGBT1 propaganda laws to further restrict (Haider-Markel et al. 2019). To address this shortcom-
freedoms of expression for gender identity minorities ing, I introduce a new dataset that allows for more
(Reuters 2021, 2022). Despite the direct attacks that nuanced research on transgender rights separately from
transgender people face, political science scholarship rarely the broader LGBT community. The Trans Rights
examines these individuals and their rights on a global Indicator Project (TRIP) provides insight into the legal
scale. Instead, studies tend to treat the LGBT community situations transgender people faced in 173 countries
as a homogenous group, often using measures related to from 2000 to 2021. The dataset currently includes 14
sexual orientation as a proxy for transgender rights (Lewis indicators that capture the presence or absence of laws
related to criminalization, legal gender recognition, and
anti-discrimination protections. I draw from a variety of
A list of permanent links to Supplemental Materials provided nongovernmental and international organizations,
by the authors precedes the References section. national law documents, research institutes, and other
sources to code each variable.
*Data replication sets are available in Harvard Dataverse at: In addition to introducing the new dataset, this article
https://doi.org/10.7910/DVN/FXXLTS contributes to the literature on LGBT politics and human
rights by addressing three questions. First, to what extent
Myles Williamson is a Doctoral Candidate in the do countries protect the rights of transgender people, and
Department of Political Science at the University of Alabama how has this changed over time? I find that while many
(eswilliamson@crimson.ua.edu). His research focuses on the countries have progressed over the last two decades, legal
intersection of LGBT politics and human rights in different protections for transgender individuals remain limited
political regimes. He is the principal investigator for the Trans throughout most of the world. This descriptive exercise
Rights Indicator Project (TRIP).
doi:10.1017/S1537592723002827
© The Author(s), 2023. Published by Cambridge University Press on behalf of the American Political Science Association. This is an Open
Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0), which
permits unrestricted re-use, distribution and reproduction, provided the original article is properly cited. 1
not only provides important context on the global state of identity and assigned sex differ, and “cisgender” for those
trans rights, but also enables policymakers and advocacy whose gender identity and assigned sex correspond.5
organizations to identify the areas where these minorities Importantly, notions of gender identity and the words
may be most vulnerable to abuse from the state and to describe it remain ever-evolving and may vary consid-
society.2 erably across cultures. Recognizing this diversity, trans-
Second, how do the legal rights that countries provide gender in this context is not a definitive label indicative of
sexual orientation and gender identity minorities differ one specific gender identity. Instead, the term serves as a
from one another? Comparisons between the TRIP indi- descriptor for individuals with any gender identity that
cators and data on LGB rights demonstrate that countries diverges from their birth-assigned sex. Thus, this article
do not inherently treat sexual- and gender identity minor- defines transgender in a way that is narrow enough to
ities equally. Therefore, conflating measures of the two adequately capture the intended focal point while still
groups may skew our understanding of the actual rights being broad enough to apply in a cross-national context.
that countries provide to either. Even when countries Though this terminology reflects just one possible under-
appear to offer similar levels of legal rights across the standing of gender identity, it still provides an important
LGBT community, the comparisons emphasize the dif- lens for studying gender globally.
ferences in policy concerns between the groups. The rights Finally, sexual orientation refers to an individual’s
specific to gender identity minorities deserve scholarly “inherent or immutable enduring emotional, romantic,
attention separately from the broader community. or sexual attraction to other people” of the same or
Finally, what conditions are favorable for advancing different genders (Human Rights Campaign 2021).6
transgender rights? In short, I find that democracy and While the language that describes someone’s sexual orien-
economic development are positively associated with trans tation may shift depending on a person’s gender identifi-
rights, whereas the percentage of religious adherents in cation, sexual orientation does not dictate gender identity
society appears to be insignificant. Though additional and vice versa (Stryker 2008). For example, a person who
research is necessary to further investigate these relation- identifies as a man and is attracted to men shares the same
ships, this preliminary analysis provides an initial look into gender identity as someone who identifies as a man but
what makes countries more or less likely to protect the is attracted to women, despite having different sexual
rights of transgender people—a task that becomes increas- orientations.
ingly important as attacks on gender diversity spread across
the globe.
The Missing “T” in LGBT Research
Differentiating Gender Identity and While existing scholarship provides valuable insight into
Sexual Orientation our understanding of LGBT politics more broadly, few
Though often discussed collectively, sex, gender identity, studies address transgender rights specifically. Instead,
and sexual orientation are distinct concepts referring to most of what we know about trans rights builds on the
different aspects of a person’s being (Meyerowitz 2002). assumption that they resemble lesbian, gay, and bisexual
Given their conceptual complexity, this section provides a rights (Haider-Markel et al. 2019; Tadlock and Taylor
definition of each term as it is utilized within the context of 2017). Despite conceptual differences, research often
this article. To start, sex refers to an individual’s “repro- conflates sexual orientation and gender identity under
ductive capacity or potential” as exhibited by the physical the umbrella acronym without adequately examining the
and chromosomal characteristics of the body (Stryker latter (Paternotte 2018). Meanwhile, political science
2008, 8). The determination of sex typically occurs at studies of gender diverse minorities are often limited to
birth based on observable features related to the reproduc- single or regional case studies, largely focusing on Western
tive system. Contemporary sex classifications often include countries (Dicklitch-Nelson and Rahman 2022; Haider-
categories such as male, female, and intersex.3 Markel et al. 2019).
While sex concerns the physical body, gender identity Though sexual orientation and gender identity minor-
refers to an individual’s “innermost concept of self” ities may coalesce around the LGBT identity and share
regarding being male, female, both, or neither (Human similar experiences, policy concerns specific to transgender
Rights Campaign 2021).4 In other words, a person’s people can differ significantly from those of the LGB
gender identity encapsulates their internal sense of self community (Schwenke 2021; Thiel 2014). For example,
regardless of physical or sex-based characteristics (Stryker laws allowing gender marker changes on identity docu-
2008). Given this distinction, an individual may possess a ments may be important for some trans individuals.
gender identity that diverges from their birth-assigned sex. However, these laws are likely irrelevant for cisgender
For example, a person’s gender identity may be male LGB people. Thus, “LGBT” research only using measures
despite being assigned female at birth. This article uses related to sexual orientation rights misses important trans-
“transgender” (trans) to describe individuals whose gender specific policies.
2 Perspectives on Politics
measures, given information availability and accuracy Direct criminalization refers to laws that explicitly
concerns discussed in the previous section. While laws criminalize individuals based on gender identity or expres-
may not always represent lived experience, the legal envi- sion when it diverges from the traditional expectations of
ronment still provides valuable insight into the climate birth-assigned sex. These laws typically include provisions
towards transgender people in a country (Htun and against “cross-dressing” or “disguising” as a different sex/
Weldon 2012; Velasco 2018). gender.11 This indicator equals one if criminalizing laws
exist at the subnational or national level and equals zero
otherwise. Indirect criminalization occurs when countries
Developing and Measuring Indicators of Trans Rights arbitrarily use laws unrelated to gender identity or expres-
This project rests on the idea that transgender rights are sion to target transgender people. For example, security
those that allow trans individuals to exist and participate in forces may use laws concerning “public order,”
government and society as their gender in the same “vagrancy,” “morality,” “decency,” and other vague
manner guaranteed to all other individuals. To operatio- offenses to indirectly criminalize these individuals
nalize these rights, TRIP builds from ideals set forth by (Chiam et al. 2020; Egerton-Peters et al. 2018). Laws
international human rights law, namely the Yogyakarta only qualify as indirect criminalization if at least one
Principles. These principles outline countries’ obligations credible source states that countries used them to target
to protect and promote the well-being of sexual transgender people. I also include laws policing consensual
orientation and gender identity minorities (ICJ 2007, same-sex sexual activity as indirect criminalization due to
2017). Drawing from these principles, I organize indica- the potential conflation of sexual and gender identities.
tors into three categories: criminalization, recognition, and Indirect criminalization is “present” for all years the law
protection (table 1). is in force. In a few instances, sources report arbitrary
Criminalization threatens the realization of all other arrests and criminalization but do not cite specific laws or
rights related to an individual. Yogyakarta Principle charges. In these cases, criminalization is only “present” for
33 states that everyone has “the right to be free from the year the incidents occur, according to the sources. This
criminalization and any form of sanction arising directly or indicator equals one when indirect criminalization is
indirectly from that person’s actual or perceived sexual “present” at the subnational or national level. The indica-
orientation, gender identity, gender expression or sex tor may undercount instances of this type of criminaliza-
characteristics” (ICJ 2017, 11). For transgender people, tion, particularly in countries with no LGBT advocacy
the threat of criminalization is two-fold. These individuals organizations that track these incidents. However, I still
are vulnerable to laws that directly police gender identity/ include this measure due to the widespread occurrence of
expression and unrelated laws like those concerning sexu- indirect criminalization.
ality or morality (Egerton-Peters et al. 2018). Therefore, The second category of indicators concerns the legal
TRIP includes two separate indicators to measure direct recognition of transgender individuals. Yogyakarta Prin-
and indirect criminalization. ciples 3, 31, and 32 espouse individuals’ rights to legal
recognition based on self-determined gender identity (ICJ
2007; 2017). Official identity documents serve as critical
Table 1 tools that often determine individuals’ legal and social
TRIP indicators status (Holzer 2022). Having a legal gender marker that
Criminalization (national and subnational) is incongruent with someone’s identity or expression may
Direct criminalization make that person more susceptible to discrimination or
Indirect criminalization other abuses.
Legal Recognition (national) For example, 32% of trans respondents in the United
Legal gender marker change (GMC) States and an average of 25% across the European Union
Presence of prohibitive requirements for GMC experienced discrimination after showing an identity doc-
- Physiological requirements
ument not matching their gender presentation (James
- Psychological requirements
- Divorce/single-status requirements et al. 2016).12 Legal gender incongruencies can also make
Nonbinary/third gender marker options trans individuals more vulnerable to arrest and discrimi-
Legal Protections (national) nation by government officials, as evidenced by the cases of
General (non-sector specific) anti-discrimination Panama and Peru following the COVID-19 sex-based
protections lockdowns (Edgell et al. 2021). Police officers arrested
Constitutional anti-discrimination protections trans individuals for appearing in public on the “wrong”
Employment anti-discrimination protections
day when their perceived identity did not match their legal
Education anti-discrimination protections
Healthcare anti-discrimination protections gender marker (Cabrera 2022).
Housing anti-discrimination protections To capture legal recognition, TRIP contains indicators
covering the legal right to gender marker changes,
4 Perspectives on Politics
6 Perspectives on Politics
Figure 1
Mean global and regional TRIP scores, 2000–2021
.6
.5
TRIP Score
.3 .2
.1 .4
8 Perspectives on Politics
Figure 4
National laws allowing legal gender marker change, 2021
identity, expression, or “reassignment.” The situation behind. In 2021, 30 countries prohibited discrimination
slowly improved over the period, with 39 different coun- in education and 29 did so in healthcare and housing. All
tries having at least one type of inclusive anti- countries with one of these types of provisions during that
discrimination law by 2021. In terms of the individual year also provided employment protections.
sectors, employment protections were the most common Constitutional protections are the least common type
type. Thirty-five countries had these laws in place by the across the globe. In 2008, Ecuador became the first
end of the period. Protections concerning the other spe- country to incorporate “gender identity” as a protected
cific sectors were not as common but do not trail far class within a constitution. Bolivia, Cuba, Fiji, and Malta
have since followed suit, and remain as the only other TRIP versus LGB Scores
countries to include explicit constitutional protections as In 2020, the average global score was 24.1% on the LGB
of 2021. Interestingly, in every case except for Malta, the index and 23.3% on the TRIP index. Though global
incorporation of gender identity as a protected class performances nearly mirror one another, regional averages
occurred with the adoption of entirely new constitutions. differed more between the indexes (figure 5). These
Malta is the only country that amended an existing differences were most pronounced in regions with greater
constitution to add these types of protections. sexual orientation rights. For example, the average LGB
score was over 13% higher than TRIP in Western Europe
Comparing Transgender and LGB Rights and North America. However, most regions scored higher
in 2020 on the TRIP index. Of these regions, Asia and the Pacific
exhibited the greatest difference, as TRIP was 9.1% higher
This section compares the rights countries offered to sexual
than the LGB score. Sub-Saharan Africa scored the most
orientation and transgender minorities in 2020. To do so, I
similarly on both indexes, with a less than 1% difference.
calculate LGB scores for each country using 11 indicators
Comparing the two index scores within single countries
provided by ILGA World’s State-Sponsored Homophobia
also reveals important differences in the extent of legal
Report (Mendos et al. 2020). Following the TRIP method-
rights available. In many cases, individual countries
ology, indicators equal one when a country protects a right
appeared to score similarly across the indexes in 2020
on the national level.27 For example, the constitutional anti-
(figure 6). Countries less protective of one group tended to
discrimination indicator equals one if a country’s constitu-
be less protective of the other. However, a few countries
tion explicitly protects individuals based on sexual orienta-
deviate considerably from this trend. As figure 5 high-
tion. I then added these values to create a composite score
lights, some cases like Pakistan, India, Austria, and
ranging from 0 to 11 (table 3).
South Africa perform disproportionately better on one of
Before comparing the data, it is essential to note that the
the indexes. These deviations emphasize the issues that
indicators in the TRIP and LGB indexes do not correspond
may arise when measuring LGBT rights without incorpo-
with one another exactly. For example, the TRIP indicator
rating measures relevant to each group in the acronym.
capturing legal gender recognition is not directly compara-
Pakistan had the largest difference in scores on the two
ble to any indicator in the LGB index. While this reinforces
indexes. Following independence, the country retained the
the point that separate data for LGB and trans rights is
colonial provision criminalizing same-sex sexual activity
necessary, these differences make one-to-one comparisons
(Mendos et al. 2020). Section 377 of the Penal Code
difficult. I convert countries’ raw scores on both indexes to a
continued to be active as of 2020, leaving sexual orientation
percentage to help account for any differences.
minorities in danger of arrest (Human Dignity Trust 2022).
This criminalization, paired with no legal recognition or
protections, resulted in Pakistan scoring 0% on the LGB
Table 3 index during that year. At the start of the TRIP data,
LGB indicators for score calculations Pakistan performed poorly on indicators of trans rights as
well. While there was no direct criminalization, the country
Indicators Score
did not offer any trans-specific rights. Further, trans indi-
No direct criminalization (consensual same- 1 viduals were subject to arbitrary arrest through laws policing
sex sexual activity) sexual activity and public obscenity (Botha 2021).28 The
Same-sex marriage legal 1
Civil unions legal 1 country only scored a 7.69% on the TRIP index in 2000.
Joint adoption for same-sex families legal 1 The legal situation began to shift following an incident
Second parent adoption for same-sex families 1 in the city of Rawalpindi. In January 2009, Rawalpindi
legal police raided a wedding ceremony and arrested several
Constitutional anti-discrimination protections 1 gender diverse individuals (Pamment 2019; Redding
(sexual orientation)
Broad anti-discrimination protections (sexual 1
2018). The arrests sparked protests and ultimately culmi-
orientation) nated in activists filing a legal petition with the Supreme
Employment anti-discrimination protections 1 Court.29 Favorable decisions by the court, later coupled
(sexual orientation) with the passage of laws such as the Transgender Persons
Prohibition of hate crimes (sexual orientation) 1 (Protection of Rights) Act of 2018, granted the transgen-
Prohibition of incitement to hatred (sexual 1
orientation) der community several legal rights. By 2020, Pakistan
Ban on conversion therapies (sexual 1 scored 84.62% on the TRIP index due to offering com-
orientation) prehensive anti-discrimination protections, nonbinary
Total 11 markers, and gender marker changes without prohibitive
requirements.
10 Perspectives on Politics
Sub-Saharan Africa
0 .2 .4 .6 .8
Figure 6
TRIP versus LGB index scores, 2020
1
.8 .6
TRIP Score
.4 .2
0
0 .2 .4 .6 .8 1
LGB Score
Note: Regression line with 90% confidence interval. P-value < 0.001. R-squared = 0.5952.
The evolution of LGBT rights followed a similar path in changes once individuals satisfied the prohibitive require-
India, resulting in considerably higher scores on the TRIP ments. The country scored 61.54% on the TRIP index in
index. Like in Pakistan, a combination of Supreme Court that year. Sexual orientation minorities enjoyed far fewer
cases and subsequent laws advanced the legal rights of legal protections. While India decriminalized consensual
transgender people. 30 As of 2020, India offered some anti- same-sex sexual activity in 2018, the country still had no
discrimination protections and allowed gender marker protections for or, recognition of, these individuals
11
(Mendos et al. 2020). Overall, India scored 9.09% on the in the TRIP dataset, constitutions in Kosovo, Portugal,
LGB index, 52.45% less than the country’s TRIP score. South Africa, and Sweden prohibit discrimination against
On the other end of the spectrum, Austria and sexual orientation but not gender identity.
South Africa are two cases where sexual orientation minor- The measure of direct criminalization also demonstrates
ities had far greater legal rights than transgender individ- the wide gap in laws regarding these two groups.34 As of
uals. Both countries scored 81.8% on the LGB index but 2020, laws explicitly criminalizing consensual same-sex
only 23.1% on the TRIP index in 2020. Austria scored sexual activity existed in 59 of the 173 countries. On the
well on all LGB indicators except constitutional protec- other hand, only 12 countries specifically outlawed diverse
tions and conversion therapy bans. Conversely, the coun- gender identities or expressions. Though transgender peo-
try performed poorly on all but three of the TRIP ple are vulnerable to indirect criminalization in countries
indicators. Austria did not directly or indirectly criminalize prohibiting same-sex sexual activity, there are considerable
transgender people, but no anti-discrimination laws pro- differences in the formal laws explicitly policing groups
tected these minorities. Further, individuals could change within the LGBT community. However, the increase in
their legal gender markers only after meeting all prohibi- direct criminalization captured by the TRIP data could
tive requirements.31 Austria also did not allow non binary indicate that this trend is slowly shifting. Hostile states
gender markers. may become more likely to target trans individuals directly
Though South Africa did not ban conversion therapy or as political debates surrounding their rights gain traction
explicitly protect sexual orientation minorities against hate and visibility.
crimes, the country is one of the few to offer constitutional
protections to LGB individuals (Mendos et al. 2020). Potential Correlates of Transgender
Altogether, South Africa scored positively on nine LGB Rights
indicators but provided few rights for trans people. No laws This section uses the TRIP data to provide a preliminary
directly criminalized diverse gender identities or expres- look into the factors that may help explain variation in
sions, but trans individuals faced indirect criminalization transgender rights throughout the world. Importantly, the
through laws policing offenses like public indecency and analyses in this section are intended only as a first step,
sex work.32 Further, South Africa allowed binary gender rather than the final word on the matter. Future research
marker changes but conditioned these changes on physi- should build from these initial findings to further theorize
ological and psychological requirements.33 Finally, there about and empirically investigate why some countries offer
were no national anti-discrimination protections for trans more rights than others. Since previous data limitations
people. constrained trans-specific research, I draw from existing
Taken together, the four cases demonstrate the issues of studies related to sexual orientation minorities to identify
using rights measures for one group as a proxy for the three potential correlates of transgender rights. These
other. Countries do not inherently treat sexual orientation include regime type, economic development, and religion.
and transgender rights equally and conflating the two In terms of regime type, research suggests a positive
measures may misrepresent the actual domestic legal relationship between democracy and sexual orientation
situation. Though the extent varies, score discrepancies rights (Dicklitch-Nelson et al. 2019; Encarnacion 2014;
are not unique to the four cases. Nearly 36% of all Sommer and Asal 2014). While democratic elections do
countries had a 10% or greater difference in their LGB not guarantee equal rights for all, certain features of liberal
and TRIP scores for 2020. More specifically, TRIP scores democracy help create conditions that are favorable to
were higher by 10% in 24 countries, while LGB scores advancing these rights. For example, the greater respect for
were higher in 39 countries during that year. freedoms of assembly and expression in more democratic
countries allows minorities, like LGBT people, to live
more openly and collectively advocate for their rights to
TRIP versus LGB Indicators an extent unparalleled in nondemocracies (Encarnacion
While the indexes do not overlap completely, they share a 2014). However, these freedoms may also empower polit-
few comparable indicators that demonstrate the diver- ical opponents who seek to restrict these rights, thus
gences in rights for the two groups. For example, nearly limiting the benefits democracy provides.
twice as many countries have anti-discrimination protec- I use two separate democracy measures to capture regime
tions for sexual orientation minorities. In 2020, 73 coun- type, given the extensive and continued scholarly debate
tries had at least one type of anti-discrimination law about how the concept should be measured (e.g., Alvarez
covering sexual orientation, compared to just 39 countries et al. 1996; Boix, Miller, and Rosato 2013; Lindberg et al.
with a similar law for gender identity minorities. Further, 2014; Munck and Verkuilen 2002; Paxton 2000). For the
all countries with constitutional protections for transgen- first measure, I use the electoral democracy index (EDI)
der people also include provisions for sexual orientation. from V-Dem (Coppedge et al. 2022). This index includes
However, the same is not true in reverse. Of the countries indicators concerning the freeness and fairness of elections,
12 Perspectives on Politics
13
Table 4
Descriptive statistics
Standard Deviation
Variable Min. Max. Mean Overall Between Within
TRIP score 0 0.923 0.159 0.157 0.122 0.099
Electoral democracy 0.015 0.924 0.521 0.263 0.254 0.070
Polity2 (rescaled) 0 1 0.684 0.317 0.303 0.093
GDP per capita (logged) 4.603 11.803 8.275 1.558 1.489 0.479
Religiosity (%) 0.215 1 0.912 0.138 0.138 0.006
Table 5
Regressions of TRIP scores
(1) (2) (3) (4)
Models OLS OLS + PCSE OLS OLS + PCSE
Electoral democracy 0.00815*** 0.00815**
(0.00244) (0.00334)
Polity2 (rescaled) 0.00600*** 0.00600***
(0.00191) (0.00172)
GDP per capita (log) 0.00120** 0.00120* 0.00187*** 0.00187**
(0.000504) (0.000701) (0.000607) (0.000770)
Religiosity (%) −0.00318 −0.00318 −0.00588 −0.00588
(0.00675) (0.00953) (0.00736) (0.0105)
Lagged TRIP score 0.989*** 0.989*** 0.989*** 0.989***
(0.00575) (0.0197) (0.00713) (0.0225)
Regions
Asia & Pacific −0.01000*** −0.01000** −0.00938** −0.00938**
(0.00376) (0.00437) (0.00411) (0.00465)
E. Europe & C. Asia −0.00511 −0.00511 −0.00442 −0.00442
(0.00359) (0.00448) (0.00393) (0.00480)
L. America & the Caribbean −0.00852** −0.00852* −0.00678 −0.00678
(0.00379) (0.00462) (0.00414) (0.00493)
Middle East & N. Africa −0.0146*** −0.0146*** −0.0142*** −0.0142***
(0.00339) (0.00488) (0.00355) (0.00527)
Sub-Saharan Africa −0.0127*** −0.0127** −0.0114*** −0.0114**
(0.00332) (0.00515) (0.00361) (0.00556)
W. Europe & N. America Base Base Base Base
Constant 0.00540 0.00540 0.00180 0.00180
(0.00857) (0.0139) (0.00956) (0.0152)
Observations 3548 3548 3033 3033
Countries 172 172 164 164
R-Squared 0.927 0.927 0.907 0.907
Note: Models 1 and 3 are estimated using pooled OLS with country-clustered standard errors shown in parentheses. Models 2 and 4 are
estimated using OLS with panel corrected standard errors shown in parentheses.
* p < 0.1,
** p < 0.05,
*** p < 0.01
percentage point increase in TRIP scores. These findings measure in this analysis does not account for the extent to
also persist across the robustness models in the online which religious beliefs influence individuals and their
appendix (table A3). policy preferences, nor does it consider the role that
While in the expected direction, coefficients for the religion plays in government. Though beyond the scope
percentage of the population that is religious are not of this article, future research should carefully consider
statistically significant in any model in table 5. However, these additional ways religion and trans rights may be
this null result does not necessarily imply the absence of a connected and how this differs from the impact religion
relationship between religion and transgender rights. The has on sexual orientation rights.
14 Perspectives on Politics
.17
TRIP Score
TRIP Score
.16
.16
.15
.15
.14
.14
0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1 0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1
Electoral democracy Electoral democracy
Pooled OLS - GDP per capita Panel Corrected SE - GDP per capita
.17
.17
TRIP Score
TRIP Score
.16
.16
.15
.15
.14
.14
0 1 2 3 4 5 6 7 8 9 10 11 12 0 1 2 3 4 5 6 7 8 9 10 11 12
GDP per capita (log) GDP per capita (log)
In the robustness models shown in the online appendix, example, democracy and economic development were
the overall percentage of the population that is religious significant throughout this analysis, as the literature on
remains insignificant even when using the RCS data sexual orientation rights suggests. However, the magni-
(table A4). This finding also persists when distinguishing tude of their effects is modest, meaning increases in these
between specific religions. As table A5 shows, the variables variables only correlate with minor rights improvements.
measuring the percentage of the population that is Chris- This finding helps make sense of the incredible advance-
tian, Muslim, or not religious are all insignificant. On the ments in countries that have historically had low levels of
other hand, the EDI and GDP per capita variables con- democracy (e.g., Pakistan) or economic development (e.g.,
tinue to be significant and positive regardless of the Argentina) but also raises questions about what factors are
religious measures. more pertinent to understanding variation in trans rights
Turning to the region dummies, coefficients for Asia protections. Future research should build from these
and the Pacific, the Middle East and North Africa, and preliminary findings to further examine the role of these
Sub-Saharan Africa were negative and statistically signifi- and other institutional and cultural factors in promoting
cant in every model in table 5. Thus, countries in those transgender rights.
regions are less protective of trans rights than countries in
the Western Europe and North America region. Results
for Latin America and the Caribbean were less consistent, Conclusion
as the significance disappears in Models 3 and 4 where Transgender rights are an important, but often neglected,
Polity2 served as the democracy measure. Finally, coeffi- component of cross-national LGBT studies in political
cients for Eastern Europe and Central Asia were not science. Therefore, I introduced a new dataset that is
significantly different from the West in any of the models. among the first to provide a collection of trans-specific
Though additional research is needed to investigate measures on a global scale. The Trans Rights Indicator
these relationships more adequately, the overall findings Project (TRIP) enables researchers to conduct more
highlight potentially interesting differences between cor- in-depth analyses of transgender rights separately from
relates of sexual orientation and transgender rights. For the broader LGBT community. TRIP also complements
15
existing data sources that center around sexual orientation Overall, this article sheds light on an important but
rights, allowing researchers to study the differences otherwise understudied topic in political science. Future
between these two groups. work can utilize the TRIP data to conduct much-needed
After introducing the data, I outlined the global evolu- research on some of the most vulnerable minorities in the
tion of transgender rights from 2000 to 2021. Though world. Beyond research, TRIP provides essential informa-
many countries appeared to be improving, the average tion to advocacy organizations and policymakers. Trans
global TRIP score remained low at only 23.5% by the final rights advocates can use this data to identify where trans
year covered in the data. The next section compared the minorities may be the most at risk and allocate resources
TRIP and LGB indexes, revealing that countries are not accordingly. Finally, policymakers can benefit from under-
always uniform in the rights they provide to sexual standing the differences between gender identity and
orientation and transgender minorities. Cases like sexual orientation rights to ensure that LGBT-based pol-
Pakistan illustrate how conflating measures of LGBT icies adequately include transgender individuals.
rights can lead to a substantial misunderstanding of the
actual legal rights that countries offer. I concluded with an
Acknowledgments
initial look into the effects of regime type, economic
development, and religion on countries’ trans rights pro- The author would like to thank Amanda B. Edgell, Chris-
tections. The results suggest that greater levels of democ- topher W. Hale, Elif Kalaycioglu, Waleed Hazbun, Victor
racy and economic development are marginally associated Asal, and the anonymous reviewers for their valuable
with more rights, while the percentage of religious adher- feedback and support.
ents in a country has no significant impact.
While this article presents several preliminary findings, Supplementary Material
additional research is necessary to understand the com-
To view supplementary material for this article, please visit
plex dynamics that shape transgender rights globally.
http://doi.org/10.1017/S1537592723002827.
This research is especially critical as pushback against
these rights spreads. Future research can use the TRIP
data and build from this article to further investigate the Notes
causes and consequences of this resistance. Moreover, 1 LGBT stands for lesbian, gay, bisexual, and trans-
scholars should carefully consider the potential interplay gender.
between previous LGB(T) rights advancements and the 2 While an essential methodological task on its own,
subsequent backlash against trans rights. For example, these “merely descriptive” analyses also lay the
the number of anti-trans bills in the United States nearly groundwork for future studies to investigate causal
tripled the year after the Supreme Court ruling legalized relationships concerning transgender rights (Gerring
same-sex marriage and roughly doubled following 2012).
the Bostock decision that expanded anti-discrimination 3 People who are intersex are born with some combi-
rights to LGBT individuals (Trans Legislation Tracker nation of biological sex characteristics that do not fall
2023). Future work should examine these connections exclusively in the category of “male” or “female”
more closely to determine whether and how certain (Stryker 2008).
advancements might inadvertently trigger a negative 4 Scholars and medical practitioners alike have long
response to transgender rights. debated the distinction between sex and gender iden-
One limitation of the TRIP dataset is that it currently tity, but those arguments fall beyond the scope of this
only includes legal indicators. As discussed, measures article. For further discussion of the conceptual dif-
capturing societal violence and discrimination would allow ferences and evolution of the terminology, see Beemyn
for a more complete understanding of transgender rights, (2014), Hines (2020), Meyerowitz (2002), and Stry-
but this data is limited and suffers from underreporting. ker (2008).
Further, laws still provide crucial insight into the condi- 5 “Transgender” also includes non-binary or third-
tions individuals may face within a country (Htun and gender identities (i.e., gender identities that fall out-
Weldon 2012; Velasco 2018). In the future, I plan to side of or between male and female).
build on the TRIP dataset by using expert surveys to 6 As with gender identity, language describing sexual
capture de facto measures. Additionally, I plan to expand orientation is diverse, and examples within this article
on the current set of legal measures to better capture the may be representative of only one understanding of
wide range of rights relevant to trans individuals. For these concepts.
example, future versions of the dataset will ideally include 7 Bostock v. Clayton County, Georgia, 590 U.S.,
indicators pertaining to parental rights (e.g., adoption, 140 S. Ct. 1731, 1737 (2020).
surrogacy), eligibility for military service, and trans- 8 Given this project’s focus on cross-national data on
specific hate crime protections. legal rights, this section does not discuss data unrelated
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