The trans environment under President-elect Donald Trump is a topic of great controversy and worry among activists and LGBTQ+ activists. With the Trump administration signaling changes to past trans rights policies, the future is in doubt. This essay examines what could happen to trans rights under Trump and how this will likely unfold legally, publicly and in efforts to maintain these rights during a time of political transition.
Trans people and activists were anxious about Donald Trump winning the election because his message attracted a lot of conservative, anti-gay commentary. Worries were reinforced after he was elected with some cabinet and advisers who had a record of trans rights-opponentism. It was a possible overturning of Obama-era policies, which had extended federal support and recognition to transgender people in health care, education and employment.
The biggest threat to trans rights in the Trump era was that federal rules that protected trans students in public schools, especially when it came to bathrooms, might be repealed. We also asked the administration about its response to the Equal Employment Opportunity Commission’s (EEOC) interpretation of Title VII of the Civil Rights Act, which prohibit discrimination against persons based on gender identity. What’s more, Trump’s court nominees were alleged to be more conservative in their interpretation of the laws and could weaken judicial support for trans rights.
In law, the Trump administration threatened to gut key transgender protections. One such move was the declassification of the ‘Dear Colleague’ letter, which advised schools on how to honor students’ gender identities. It was part of a general federal disengagement with trans-inclusive policies. Moreover, debates over military service bans and healthcare coverage for trans procedures demonstrated the power of bureaucratic policies to make a difference in trans lives.
The popular image of trans rights during Trump’s administration was extremely split. Some thought that the administration was reverting to old-fashioned ideals; others saw it as unapologetic racism against an already oppressed population. There was also this dichotomy in media reporting on trans rights, where some outlets hyper-sold trans and, as a result, raised more awareness but generated more stereotypes and falsehoods.
Rather than risk the consequences of this, trans activists and supporters stepped up their defense of rights with grassroots activism, court action and increased publicity. State and local governments shifted into new, important centers of rights-protection – some states legislated in ways that threatened trans rights, others brought protective measures. Nonprofit organizations and advocacy groups acted as leaders, teaching the public, lobbying for protection laws, and litigating against discriminatory practices.
During Trump’s administration, there were policies changes that went into effect on trans rights. The transgender ban in the military and the enactment of the rule that doctors could deny patients care due to their religious affiliation were among the most striking. These measures reflected a much larger plan to reverse Obama-era protections, which required a strong push from advocacy groups to maintain rights at the state and federal level.
The influence of president-elect Trump on trans rights was dreaded, both from campaign speeches and the conservative politics of senior advisers. His presidency would have given more emphasis to religious liberty and state rights, perhaps at the expense of federally required transgender protections. This expectation was compounded by the nominations of Jeff Sessions and Mike Pence, conservative LGBTQ+ politicians.
What stood in trans rights’ way under Trump included holding on to the momentum of previous administrations against a backlash of advocates for more orthodox gendered views. With a government that was pro-regulation, trans activists had expected plans to remove administrative safeguards, especially for education, health care and the military. This meant vigilante monitoring and anticipatory action to avoid policy rollbacks.
In legal terms, the implications of Trump’s presidency for trans rights were immense. Jurists predicted legal battles over how to read current law such as Title IX and Title VII, and a long line of cases would dictate policy in future. In cases like Gloucester County School Board v. G.G. pointed to the controversy over trans rights under federal law and the significance of courts in protecting or rescinding those rights at this time.
The public discourse around trans rights became as visible and divided as it did under Trump. Though some parts of the population revolted at the alleged diminution of civil rights, others backed the administration, sometimes on the grounds of tradition and religious dogma. News coverage persisted, with the power to shape public opinion and possibly even parliamentary agendas.
Protection of trans rights under a political landscape in transition required more grassroots engagement. Rights activists turned instead to the local and state governments as the first point of defense. Lawsuits against federal legislation and more comprehensive public education efforts kept traction and energy flowing, with stories of inclusion and equality.
There were a few policy decisions made directly by the administration of President Trump that have influenced trans rights. Some examples of actions were reforms to military legislation, medical coverage, and school policies, most of which reversed previous trans rights expansions. These shifts were fiercely opposed by activists, and they also led to a rethink of how to get protections in the long run, legislatively and judicially.
Trans rights in the Trump period experienced both a series of failures and a renewed will. Even when federal protections were overturned, the decade inspired new activism and showed how essential resilience and strategic lobbying was to civil rights movements. In the future, these experiences lay the groundwork for better, more encompassing policies that affirm and respect the dignity and rights of all people, gender-neutral or not.
Under the Trump administration, the state of trans rights in the US was put through a series of rigorous and radical experiments. Although there were a few drops in federal protections, grassroots activism and knowledge also rose in the decade, showing the resilience of the trans community and its allies. As we continue down this path, the lesson from this period is to stay vigilant, advocate, and band together in the fight for equality and justice.