The Legal and Human Rights Implications of Trump’s Anti-Transgender Policies

By: Frances Prizzia | Politics

Donald Trump’s dangerous rhetoric targeting transgender people, which began on the campaign trail, has only grown worse in the first weeks of his presidency. Worse yet, that rhetoric is now translating into actual policy. 

Trump’s History of Targeting the Transgender Community

Trump’s open bigotry toward transgender people dates back to his first term. One of the earliest and most controversial actions against transgender rights was Trump's decision to ban transgender individuals from serving openly in the U.S. military. Announced via Twitter in July 2017, this ban reversed an Obama-era policy that allowed transgender individuals to serve in their identified gender. Trump's tweet stated, "After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow Transgender individuals to serve in any capacity in the U.S. Military." Although this policy faced immediate legal challenges, the Supreme Court eventually allowed a modified version of the ban to go into effect in 2019, which restricted transgender service based on certain medical standards. The policy was fully reversed when President Joe Biden took office in 2021. On his first day in office, Trump announced his intent to reinstate the ban, effective March 28th. 

Attacks on Healthcare Access for Transgender Individuals

The Trump administration has also made significant moves to limit healthcare access for transgender individuals. He promised, during his campaign, to end federal support for gender-affirming care for transgender youth under 19, calling such care "chemical, physical, and emotional mutilation" and suggesting it could be considered "child sexual mutilation.” Since taking office in 2025, Donald Trump has taken significant steps regarding healthcare for transgender people, consistent with his campaign promises and previous term's policies:

On the campaign trail, he called gender-affirming care for transgender youth “child sexual mutilation” and, upon taking office, immediately signed an executive order aimed at cutting federal support for gender-affirming care for individuals under the age of 19. This order seeks to end federal funding or support for healthcare that aids the transition of transgender youth, including through Medicare, Medicaid, and other federal health programs like TRICARE for military families. It further directs the Department of Health and Human Services (HHS) and other federal agencies to take all appropriate actions to stop what the order describes as "chemical and surgical mutilation of children." The withholding of federal funding to hospitals and universities that provide such care is also threatened.

The administration has also signaled an intent to revise or reinterpret existing laws like Section 1557 of the Affordable Care Act to exclude gender identity from discrimination protections, continuing his first-term efforts to narrow the definition of "sex discrimination" to biological sex only.

Legal Challenges to Trump’s Anti-Trans Policies

Rightfully so, these policies will face numerous legal challenges, as was the case during his first term. Advocacy groups like the ACLU and Lambda Legal have already indicated readiness to fight these unconstitutional and discriminatory executive actions in court.

Trump's policies have already succeeded in what is clearly one of his main aims: terrorizing the transgender community. Trump has essentially declared open season on an already marginalized community, which will inevitably lead to greater discrimination and further injustice against the members of this community.

Trump's actions are part of a broader agenda to limit transgender rights across various sectors, including education, sports, and identity documentation, reflecting a consistent stance against what his administration terms "gender ideology."

This approach has reignited debates about transgender rights, healthcare ethics, and the role of government in personal healthcare decisions, with significant implications for transgender individuals, healthcare providers, and the legal system.

Transgender Rights in Education Under Attack

Trump's campaign platform included aggressive measures against transgender rights in education. He vowed to reverse the Biden administration's expansions of Title IX protections for transgender students, particularly in areas like bathroom access, locker rooms, and sports participation. Trump's rhetoric often focused on keeping "men out of women's sports," a claim rooted in the controversial assertion that transgender women have unfair advantages, despite scientific debate on the subject and the relative infrequency of the occurrence. His administration also attempts to block schools from using federal funds to support students transitioning or teaching about gender fluidity, with specific policies to prevent teachers from using students' preferred pronouns or names, which could be seen as deadnaming or misgendering.

Erasing Transgender Identities from Legal Documents

Trump campaigned on a promise to legally recognize only "male" and "female" genders based on biological traits at birth. This was part of a broader initiative to "define transgender out of existence" by altering how gender is recognized in federal documentation, including passports and birth certificates. On his first day in office, Trump signed an executive order declaring that the U.S. government would only recognize two biological sexes, "male" and "female,” and that these "are not changeable." This policy has had an immediate impact on individuals applying for passports and other government identification. Secretary of State Marco Rubio issued a directive to halt all passport applications seeking to update gender markers to match the applicant's gender identity if it differs from the sex assigned at birth. The State Department also stopped issuing passports with an "X" gender marker, which had been introduced under the Biden administration for non-binary, intersex, and gender-nonconforming individuals.

Trump’s Rhetoric and the Weaponization of Transphobia

Throughout his presidency and his campaign for subsequent terms, Trump has made numerous public statements vilifying transgender policies and the community itself. He described transgender rights as "lunacy," "insanity," and "gender confusion," often using these terms in speeches and campaign ads to rally his base. His administration's rhetoric was part of a broader narrative against what they called "radical gender ideology." Significant sums were spent on campaign ads attacking transgender policies, particularly targeting Kamala Harris's support for transgender rights, branding these policies as part of a "woke" agenda.

Rolling Back Legal Protections for Transgender Individuals

Beyond explicit policy changes, the Trump administration worked to shift cultural and legal norms by attempting to eliminate transgender protections in various sectors. This included efforts to roll back workplace protections, housing rights, and educational policies that had previously recognized transgender rights. His administration's approach has signaled a clear intention to erase transgender identity from legal and cultural recognition.

Trump’s actions lay bare a primary goal of his administration will be curtailing the rights, visibility, and acceptance of transgender individuals in the United States.

Historical Parallels: Civil Rights and the Fight for Transgender Equality

As I sit here, reflecting on the recent wave of policies from the Trump administration targeting the transgender community, I feel a sense of déjà vu, not from personal experience, but from the history I've studied. I've always struggled to understand how, during the civil rights movement, there were people who opposed granting equal rights to African Americans, how they could justify segregation, and how they could stand in the way of human dignity. Now, I feel I'm getting a glimpse into that mindset, and it's terrifying and enraging.

The current administration's actions against transgender individuals - from the military ban to restrictions on healthcare and now the rollback on gender markers in passport applications - feel like a dark echo of past injustices. When I hear Trump decry gender-affirming care as "mutilation" or see his orders to erase non-binary identities from legal recognition, I'm reminded of those who once argued against desegregation or interracial marriage on the basis of "protecting society."

Just like the civil rights activists of the '50s and '60s, today's transgender community and their allies are fighting for the right to exist freely and openly. The argument that transgender individuals should be denied basic rights because they don't fit into a binary understanding of gender is no different, in principle, from the arguments made against civil rights for Black Americans. It's a fear of change, a fear of otherness, and a refusal to accept that society can evolve beyond outdated, harmful norms.

The pain of watching friends and loved ones in the transgender community navigate these new hurdles is profound. They're being told, in no uncertain terms, that their identity is not just unwelcome but should be actively suppressed by the state. This isn't just about legal documents or healthcare; it's about the right to live without fear, to work, to love, to exist without being forced into a closet of someone else's making.

While I was not alive to participate in the civil rights movement, I now understand what kind of human would oppose granting greater rights and freedoms to their fellow man. It's someone who believes their comfort, their worldview, is more important than another's humanity. Someone who sees diversity not as a strength but as a threat.

How You Can Take Action Against Anti-Transgender Policies

So what can we do?

Support or join organizations like the ACLU, Lambda Legal, and other advocacy groups that are already challenging these policies in court. These organizations need both financial support and public backing to litigate against discriminatory laws and executive orders effectively.

Advocate on behalf of the transgender community, which needs solidarity from its allies now more than ever. This can take the form of protest, speaking out on social media and in conversation with friends, and educating others about transgender rights, healthcare, the impact of discriminatory policies, and historical parallels. Education can dispel myths and reduce stigma.

Work within your local community to promote inclusivity, support gender diversity education, and ensure safe spaces for transgender youth. You can also volunteer with or donate to organizations that provide direct support to transgender individuals, such as shelters, health clinics, or legal aid services. Seeing community support is one way to help transgender individuals feel less isolated in their struggle for basic human rights.

And, of course, VOTE at the polls and with your wallet. You can use economic power to influence corporate behavior by boycotting companies that support or fund anti-transgender policies or politicians. On the other side of the coin, you can support businesses that actively promote transgender inclusivity in their policies and practices.

A Continuation of the Civil Rights Movement: It Should Never Stop

The fight for transgender rights is a continuation of the civil rights struggle - a battle for recognition, respect, and the fundamental right to be oneself. As we watch these policies unfold, it's clear that the arc of the moral universe doesn't bend toward justice on its own; it requires us to push, to protest, to speak out. Like those before us in the civil rights movement, we must stand up, not just for ourselves but for all those who are being told they don't count, they don't belong. Because, as history has taught us, when we fight for the marginalized, we're fighting for the soul of our society.

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