Cameron Miranda
During his first term in office, Donald Trump's administration enacted more anti-LGBTQIA+ policies than any previous administration, with efforts to 'define 'transgender' out of existence' and erode protections for transgender students and workers. Trump's second term promises to continue rolling back existing protections and proactively mandating discrimination by the federal government, including banning transgender people from serving in the military and blocking gender-affirming medical care. With more conservative court appointments, appeals courts may also stop ruling in favour of transgender people fighting discrimination.
| Characteristics | Values |
|---|---|
| LGBTQ+ rights | Trump has attempted to repeal protections for LGBTQ+ Americans |
| LGBTQ+ health | Trump has attempted to weaken access to gender-affirming health care |
| Equality Act | Trump has opposed the Equality Act |
| Participation in sport | Trump has attempted to ban trans women from joining sports teams that match their gender identity |
| Federal funding | Trump has threatened to cut federal funding for schools pushing "radical gender ideology" |
| Discrimination | Trump has allowed emergency shelters to deny access to transgender and gender non-conforming people |
| Transgender rights | Trump has attempted to "define 'transgender' out of existence" |
| LGBTQ+ asylum seekers | The Trump administration has been sued for its alleged abuse of LGBTQIA+ migrants |
| LGBTQ+ students | Trump has attempted to erode protections for LGBTQ+ students |
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What You'll Learn
Trump's plans to roll back LGBTQ+ rights
In his first term as President, Donald Trump put forward several policies that attempted to repeal protections for LGBTQ+ Americans. Now, in his second term, he has vowed to go even further.
Trump has already outlined his plans to roll back particular President Joe Biden-era discrimination laws and enact new laws targeting trans individuals. He has stated his intention to "keep men out of women's sports" and "cut federal funding for any school pushing... radical gender ideology". Trump has also promised that his administration will rescind federal policies that prohibit discrimination on the basis of sexual orientation and gender identity. This includes removing protections for transgender students and workers, and weakening access to gender-affirming healthcare.
The Trump administration has also been openly hostile towards the LGBTQ+ community on the global stage. They have refused to condemn attacks on LGBTQ+ people in Chechnya and a Brunei law that imposes barbaric punishments, including death by stoning, torture, and whipping. On the domestic front, the Trump-Pence administration has proposed a federal regulation that would strip away nondiscrimination requirements and permit all Department of Health and Human Services-funded programs to discriminate. This includes allowing emergency shelters to deny access to transgender and gender non-conforming people.
The ACLU has vowed to use the courts to affirm that LGBTQ+ people are protected from discrimination under federal law and to invalidate policies mandating discrimination across the federal government. Litigation, however, may not be enough, and the ACLU acknowledges the challenging road ahead in turning to the federal courts to stop these planned attacks on the LGBTQ+ community.
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Trump's opposition to the Equality Act
Despite support from almost every segment of the US population and a majority of Republicans, President Trump opposed the Equality Act. The Act would have ensured that existing civil rights protections cover sexual orientation and gender identity in the same way that they do for race, disability, and veteran status.
Trump's administration was openly hostile towards the LGBTQ+ community. The Trump-Pence administration was described as the "most virulently anti-LGBTQ administration in decades". Trump's Department of Justice (DOJ) ceased to enforce non-discrimination protections and took a hostile stance towards LGBTQ+ workers in court. The DOJ also upended previous interpretations of the Civil Rights Act that protected transgender and non-binary workers from employment discrimination.
Trump's Department of Labor issued a regulation that would allow federal contractors to claim a religious exemption to fire LGBTQ+ workers because of their sexual orientation or gender identity. Trump's administration also blocked basic job protections for LGBTQ+ people, insisting that employers should be free to fire workers for their sexual orientation or gender identity.
Trump's Department of Health and Human Services also eliminated non-discrimination protections for LGBTQ+ people established under the Affordable Care Act. The Trump-Pence administration also refused to condemn attacks on LGBTQ+ people in Chechnya and a Brunei law that imposes barbaric punishments on LGBTQ+ people, including death by stoning, torture, and whipping.
Trump's administration also allowed emergency shelters to deny access to transgender and gender non-conforming people, and placed transgender incarcerated people in the wrong prisons, putting them at a higher risk of sexual assault.
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Trump's refusal to condemn attacks on LGBTQ+ people
During his time in office, former US President Donald Trump has been accused of refusing to condemn attacks on LGBTQ+ people. One of the most prominent examples of this is Trump's refusal to condemn the violent and racist slurs made by white supremacists during a rally in Charlottesville, Virginia, in 2017. In his statement, Trump blamed the "egregious display of hatred, bigotry and violence" on "many sides", failing to specifically address the anti-LGBTQ+ sentiment expressed during the rally.
Additionally, the Trump administration has been criticised for its lack of response to ongoing atrocities against LGBTQ+ people in Chechnya. Despite the horrific nature of the attacks, including torture and whipping, the Trump-Pence administration has remained silent, refusing to offer any condemnation. Similarly, the administration has turned a blind eye to a Brunei law that imposes barbaric punishments on LGBTQ+ individuals, such as death by stoning.
Trump has also been accused of actively contributing to a culture of discrimination and violence against LGBTQ+ people through his policies and appointments. For instance, the appointment of Supreme Court Justice Amy Coney Barrett, known for her anti-LGBTQ+ votes, has been criticised as one of Trump's most damaging choices. Barrett's ties to right-wing Christian groups predicted her inclination to rule against LGBTQ+ rights in future cases.
Furthermore, the Trump administration has systematically discriminated against LGBTQ+ families in federally supported foster care programs. A report by the US House Ways and Means Committee revealed that federally-funded agencies were granted waivers to discriminate based on religion and sexual orientation, causing intentional harm to LGBTQ+ children, adults, and families.
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Trump's administration erasing protections for LGBTQ+ people
In 2017, the Trump administration began a sustained, years-long effort to roll back protections for LGBTQ+ people. This included attempts to "'define 'transgender' out of existence'" by eroding protections for transgender students and workers, and weakening access to gender-affirming healthcare. The Biden administration reversed many of these rollbacks, but Trump has promised to go even further if re-elected.
Trump's administration has also been openly hostile towards the LGBTQ+ community on the global stage. They refused to condemn attacks on LGBTQ+ people in Chechnya and a Brunei law that imposes barbaric punishments on LGBTQ+ people, including death by stoning, torture, and whipping.
During his first term, Trump put forth several policies that attempted to repeal protections for LGBTQ+ Americans. He formally instructed the Department of Defense to reverse a 2016 order allowing transgender individuals to serve openly in the military, blaming it on the cost of gender-affirming surgeries. The Biden administration overturned this order in 2021, but experts believe it will be reinstated if Trump is re-elected.
Trump's proposed policies for his second term include plans to "keep men out of women's sports", targeting the small number of trans women who choose to join teams that match their gender identity, and "cut federal funding for any school pushing... radical gender ideology". He also intends to roll back particular Biden-era discrimination laws and enact new laws targeting trans individuals.
A second Trump administration would likely see the federal government rescind all federal regulations, rules, and policies that prohibit discrimination on the basis of sexual orientation and gender identity. This would strip LGBTQ+ people of protections against discrimination in employment, housing, education, healthcare, and federal government programs. In addition to rolling back existing protections, Trump has promised to proactively mandate discrimination by the federal government wherever possible. This includes banning transgender people from serving openly in the Armed Forces and blocking gender-affirming medical care for transgender people in federal healthcare programs.
The ACLU has vowed to use the courts to fight these plans, including taking the Trump administration to court and mobilizing its network of members and activists.
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Trump's impact on LGBTQ+ health equity
Since his inauguration in 2017, Donald Trump has rolled back protections for LGBTQ+ people, including their access to health care. Trump's administration has been described as the "most virulently anti-LGBTQ administration in decades".
Trump has a history of spreading disinformation about HIV/AIDS, suggesting that the virus could be spread by kissing and that people who test positive for HIV "go out on a rampage on purpose" to spread the virus. During the COVID-19 pandemic, Trump downplayed the severity of the virus, despite reports that LGBTQ+ people were suffering disproportionately negative health impacts. Trump's administration also eliminated a lab that conducted specialised testing and assessment for bacterial sexually transmitted infections, which are especially prevalent in gay men.
Trump has also rolled back federal health care protections for transgender people, making it easier for health care workers to object to providing care to LGBTQ+ people on religious or moral grounds. In 2023, Trump's newly selected running mate, JD Vance, introduced federal legislation to criminalise providing health care for transgender youth. Trump's administration has also attempted to define 'transgender' out of existence by eroding protections for transgender students and workers and weakening access to gender-affirming health care.
Trump's administration has also cut over $125 million in LGBTQ+ health funding, causing the cancellation of hundreds of grants and the layoff of staff across the Department of Health and Human Services. This has resulted in the dismantling of the LGBTQ+-focused research field, which has been built over a quarter of a century.
Trump has also allowed emergency shelters to deny access to transgender and gender non-conforming people, despite LGBTQ+ people being significantly more likely to experience homelessness. The Federal Bureau of Prisons (BOP) rolled back an Obama-era policy that housed transgender prisoners consistent with their gender identity, putting them at greater risk of sexual assault, which they experience at higher rates.
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Frequently asked questions
Trump has taken a stance against LGBTQ+ rights, attempting to repeal protections for LGBTQ+ people and rolling back existing laws that protect them.
Trump has implemented several policies that negatively impact the LGBTQ+ community, including:
- Refusing to condemn attacks on LGBTQ+ people in Chechnya and a Brunei law that imposes punishments such as death by stoning, torture, and whipping.
- Reversing a 2016 order that allowed transgender individuals to serve openly in the military.
- Nominating judges with anti-LGBTQIA+ sentiments for lifetime federal appointments.
- Removing language protecting LGBTQ+ children in the 4-H program.
- Using Title IX to discriminate against trans students.
- Allowing emergency shelters to deny access to transgender and gender non-conforming people.
- Placing transgender incarcerated individuals in the wrong prisons.
- Allowing foster care programs to discriminate while accepting taxpayer funds.
Trump has stated that he plans to "keep men out of women's sports" and "cut federal funding for any school pushing...radical gender ideology." He also intends to roll back Biden-era discrimination laws and enact new laws targeting trans individuals.
The ACLU is prepared to use the courts to fight against Trump's expected efforts to mandate discrimination against the LGBTQ+ community by state and local governments and private entities. They will also lobby members of Congress to hinder Trump's ability to mandate anti-trans discrimination.
The impact of Trump's policies on the LGBTQ+ community could be devastating, with thousands of transgender people losing access to necessary medical care and experiencing increased discrimination in employment, housing, education, and healthcare.
