Trump’s anti-transgender executive orders: Resources for those affected

On his first day in office, President Donald Trump issued executive orders that transgender rights activists described as “hateful.”

Invoking biological definitions of sex that are contested, one order effectively argues that “trans-ness is not real,” and directs federal agencies to change their policies accordingly, said Chase Strangio, co-director of the ACLU’s LGBTQ & HIV Project, in a media briefing Tuesday.

He noted that the State Department, which issues passports, had already removed existing directions for how to update one’s sex designation on a passport. During the Biden administration, the department began issuing passports with an X gender marker, and did not require applicants to submit medical certification to change their gender marker on the document. (A Trump administration spokesperson told The Washington Blade that current passports with an X marker would not be invalidated.)

Strangio said other real world implications of the order would become clear once federal agencies enacted new policies. Advocates are concerned that the order could be fear-reaching, and potentially devastating, affecting access to health care, protection from discrimination, and safety in school environments, among other things.

Additionally, Trump rescinded two executive orders, both signed by President Biden, that lifted the ban on transgender service members, and attempted to address discrimination against lesbian, gay, bisexual, transgender, queer, and intersex individuals.

“We see these executive orders for what they are—an attempt by hateful extremists to make it impossible for us to participate in public life,” Rodrigo Heng-Lehtinen, executive director of Advocates for Trans Equality, said in a statement.

Heng-Lehtinen said that many of Trump’s executive orders cannot go into effect immediately, and that the organization would closely monitor their implementation.

“We will use every resource at our disposal, from Capitol Hill to the courts, to hold the line against these attacks,” Heng-Lehtinen said.

The ACLU and Lambda Legal also plan to mount legal challenges to Trump administration policies that implement the orders.

For transgender people worried about what happens next, Advocates for Trans Equality and GLAAD shared with Mashable a list of resources they can consult:

Legal Guides

• Trans Legal Survival Guide, published by Advocates for Trans Equality. This 17-page report provides guidance on how to conduct a “legal checkup” for readers. Though it is not legal advice, it offers tips on planning for health care decisions, updating legal identification and documentation, and finding legal help.

• Protecting Your LGBTQ+ Marriage and Family, published by COLAGE, Family Equality, GLAD Law, Movement Advancement Project, and the National Center for Lesbian Rights, this resource guide provides information about existing legal protections for LGBTQ+ families.

• Keeping LGBTQ Families Safe: Recommendations and Best Practices, published by GLAAD. These “commonsense” tips are aimed at helping LGBTQ families and people can ensure that their “identities, families, and wishes are legally clear and respected.”

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