Trump has not banned same-sex marriage in all 50 states, nor can he unilaterally do so when he takes office in January. He also has not recently supported overturning same-sex.
While Trump has made moves to eliminate diversity, equity, and inclusion programs from the military and reinstated service members who were forced out due to vaccine mandates, no such executive order banning Pride Month exists. Following the implementation of several new gender and minority-based executive orders, Donald Trump has also put into place a ban on both LGBTQ+ community flags and flags representing the Black Lives Matter movement at embassies and consulates around the world.
The National Center for Lesbian Rights urges that same-sex couples do not need to fear that their marriages will be invalidated during Trump's incoming administration. Since being sworn-in as the 47th president of the United States on 20 January, Donald Trump has enacted a series of anti-LGBTQ+ executive orders, many of which specifically target the trans community. But this in no way eliminates the role for Congress to play in challenging these assaults.
Since then, both federal courts and federal agencies have interpreted other federal statutory bans on sex discrimination to bar anti-LGBTQ discrimination as well, including in the contexts of health care, education, and housing.
Our experts detail the threats a potential second Trump administration poses to the LGBTQ community, particularly transgender people. As detailed below, many of the planned anti-LGBTQ policies of a second Trump administration would violate the Constitution and federal law, such that litigation would be a significant part of our response. Court Case: L. The U. Skrmetti, a challenge brought by three transgender adolescents, their families, and a Memphis-based medical provider against a Tennessee law banning gender-affirming hormone therapies for transgender people under We will continue to challenge efforts to allow the use of religion to discriminate in government programs wherever possible, recognizing that the current Supreme Court has been hostile to our arguments.
Why It Matters: A second Trump administration would strip LGBTQ people of protections against discrimination in many contexts, including employment, housing, education, health care, and a range of federal government programs. Congress has not voted on any of these proposals.
The ACLU has litigated against claims that the First Amendment entitles businesses that are open to the public to discriminate against LGBTQ people, and would similarly oppose such arguments asserted by employers. Donate to the ACLU. By: Gillian Branstetter. And transgender people could face these criminal penalties for merely being themselves in public.
No significant facts have been changed or added. In , the U. Many of these bans allow for invasive forms of sex testing that put all female student athletes at risk and open the door for any school official or adult to question and harass young women. Just as the Trump administration did in , a second Trump administration would reverse policies allowing transgender people to serve openly in the military.
The ACLU has prevailed on these fronts in the past, and we will continue to fight. In addition, West Virginia v. June Trump banned U. Jun Although the coercive power of federal funding cannot be underestimated, a coordinated effort by multiple states could force a showdown between medical ethics and state law and a punitive and overreaching federal government. Marie-Amelie George does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.
A second Trump administration would not be able to implement such a policy without Congress, making it likely that fair-minded people could prevent such a horror. Learn more in our breakdown:. We will engage on every advocacy front, including mobilizing and organizing our network of millions of ACLU members and activists in every state to work to protect LGBTQ people from the dangerous policies of a second Trump administration.
In January , the Trump administration issued an executive order directing federal agencies to withhold funds from medical providers and institutions that provide gender-affirming medical treatments such as puberty suppressants and hormone therapies to any trans person under It is that much harder now.
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