WASHINGTON — Lawyers and advocacy organizations are encouraging members of the LGBTQ+ community to act quickly to protect the rights that are still in place after President Donald Trump signed an executive order declaring the United States government will officially recognize only two sexes — male and female — that are not changeable.
While the future of other LGBTQ+ rights under the new administration remains uncertain, the decision is part of his broader plan to end federal efforts to “socially engineer race and gender into every aspect of public and private life,” Trump said in his inaugural address.
However, many LGBTQ+ rights advocacy groups are already taking a stand against the executive order, and some national organizations such as Lambda Legal have said they are preparing to challenge Trump’s decision in court.
“(T)he incoming administration seeks to limit protections against sex discrimination and abuse, denying science while also making life immeasurably harder for intersex, nonbinary, and of course transgender people,” said Kevin Jennings, CEO of Lambda Legal, in a statement shared via email. The nonprofit advocates for the civil rights of LGBTQ+ people.
“Lambda Legal secured the first U.S. passport with an ‘X’ gender marker for our brave client, Dana Zzyym, and we’ll continue to stand with Dana and all intersex, nonbinary, and transgender people to defend their right to identity documents that accurately identify who they are.”
The president’s actions will reverse initiatives established under the Biden administration that aimed to safeguard the rights of LGBTQ+ individuals, particularly those who are transgender or nonbinary.
For anyone experiencing discrimination based on their gender identity, advocacy groups such as Lambda Legal or the American Civil Liberties Union, or ACLU, can provide support.
Biological sex vs. gender identity
The executive order prohibits the promotion of “gender ideology” by requiring federal agencies to treat biological men and women as distinct sexes. The document also mandates every agency and all federal employees acting on behalf of their agency to recognize only “male” and “female” on official identification forms.
Sex describes the biological sex a person was assigned at birth based on characteristics of maleness or femaleness as indicated by chromosomes, gonads, hormones, and genitals.
Gender identity is “A person’s inner sense of being a boy/man/male, girl/woman/female, another gender, or no gender,” according to definitions used by US Centers for Disease Control and Prevention’s Division of Adolescent and School Health.
The American Medical Association, the American Psychological Association and the American Psychiatric Association have acknowledged that sex assigned to a person at birth may not always align with an individual’s gender identity, but the executive order aims to erase the legitimacy of transgender or nonbinary individuals whose gender identity does not match their biological sex.
Under the new administration, the US Department of State will now require applicants for legal documents, such as passports, visas, and Global Entry cards, to “accurately” reflect their sex on official documents.
Federal prisons, jails and juvenile facilities will also be separated by sex, according to the order.
Parentage rights
For many LGBTQ+ couples with children, securing parentage rights — the legally recognized relationship between a parent and child — has become one of the top concerns for those in the community under the new administration, according to lawyer Meg York, director of LGBTQ+ family law and policy and senior policy counsel at Family Equality.
York explained that there are two primary legal processes to guarantee parentage rights: order of parentage and adoption.
In some states, order of parentage, also known as parentage judgment or judgment of parentage, streamlines the process of confirming legal parentage for LGBTQ+ families. For certain families, this process may be as simple as mailing a petition with supporting documents to obtain a court order, York said.
Families living in states without order of parentage can look to secure parentage rights through adoption, sometimes known as second-parent or stepparent adoption.
While the thought of having to adopt your children for LGBTQ+ families may be confusing or even offensive, it is the safest legal option.
“The big thing for people to remember is not to get hung up on the terminology because what matters at the end of the day is that they have the court order that secures their family,” York said.
LGBTQ+ families may choose to adopt for a variety of reasons, such as creating legal ties between a stepparent and child or ensuring legal relationships and protections for couples who utilized assisted reproduction to have a child.
The adoption process is typically lengthier than order of parentage and usually entails submitting a petition that includes background checks and supporting documentation. Depending on the state, there may also be other steps in the process such as home studies, which help social workers ensure the child will be living in a safe and stable environment.
Both parentage judgment and adoption are recognized under the Full Faith and Credit Clause of the US Constitution, which means the court orders must be honored across the United States, regardless of where a family moves. York added that even if state legislation changes down the line, the order will still be upheld and families will remain protected.
Adoption laws and procedures vary by state, so it’s important to explore the available options and timelines in your area.
York also advises LGBTQ+ individuals, whether they are married or not, to have a will in place for legal security. Talking to an attorney and drafting a will can help determine property division, guardianship, powers of attorney, health-care proxies and advanced directives to help protect the wishes and desires of their relationships and families.
Affirming health care
Access to affirming health care has been a longstanding challenge for many transgender people.
Trump’s executive action mandates the Bureau of Prisons to revise policies that have previously allowed federal funds to be utilized for any medical procedure, treatment or drug for the purpose of an inmate “conforming” their appearance to that of the opposite sex, according to the order.
For adults who are not in prison, there is currently no official ban on transition-related procedures or gender-affirming care. However, as of December, 26 states have passed bans on gender-affirming health care for transgender children and teenagers, according to a CNN analysis of data from the Movement Advancement Project, a nonprofit think tank that advocates for LGBTQ rights.
Sasha Buchert, senior attorney at Lambda Legal and director of its Non-binary and Transgender Rights Project, encourages people to network with community centers to find reliable health care information and providers, which can be accessed through organizations such as Advocates for Trans Equality.
Restroom bans
In his first term as president, Trump withdrew Obama-era protections for transgender students in public schools that let them use bathrooms and facilities that align with their gender identity.
Many states such as Ohio implemented laws barring transgender students from using multiperson restrooms that align with their gender identities in public and private schools from kindergarten through college.
Buchert said these bans are harmful to children’s mental health and education, often leading them to avoid using restrooms altogether, which can result in issues such as urinary tract infections or missed school days out of fear of punishment.
Where possible, Buchert encourages young people to utilize gender-neutral or single-use bathrooms but acknowledges this isn’t always an option.
Mental health precautions
As changes to LGBTQ+ rights occur, advocacy groups strongly encourage people to prioritize their mental health.
Forty-one percent of LGBTQ+ students have seriously considered suicide, according to the CDC’s 2023 Youth Risk Behavior Survey, which highlights many significant health disparities for LGBTQ+ youth compared with their cisgender and heterosexual peers.
“No matter a person’s political beliefs, we know, from our research and from what LGBTQ+ young people tell us, that policies like these take a damaging toll on LGBTQ+ young people’s mental health,” said Janson Wu, senior director of state advocacy and government affairs at The Trevor Project, a nonprofit focused on suicide prevention among LGBTQ+ youth.
“Supporting young people’s health and well-being transcends politics, and we urge all elected officials and the media to understand the dangers that anti-LGBTQ+ policies and rhetoric pose for LGBTQ+ youth across the country.”
As a member of the LGBTQ+ community, Buchert recommends disconnecting from the news and social media when needed to focus on building community with friends, family or others who share similar experiences.
However, if you or someone in your life is thinking of hurting themselves, The Trevor Project provides free and confidential crisis counselor support.
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