The first week of President Trump’s second administration was marked by a wave of attacks against LGBTQ and other marginalized communities, and the start of a fierce resistance to support all Americans and the rule of law.
One of Pres. Trump’s executive orders has already been successfully challenged in court as unconstitutional. Another, targeting Diversity, Equity, and Inclusion (DEI) in the federal government, was contrasted with Costco shareholders voting overwhelmingly to uphold DEI at the company.
LGBTQ legal groups are reviewing the LGBTQ-specific orders and attempting to decipher exactly what is being demanded, whether it is legal, or how it could be implemented or enforced. In addition, LGBTQ Americans should be aware that many executive actions cannot single-handedly or immediately change federal law, and doing so requires a series of steps that, by law, must be followed before going into effect.Much like the first Trump administration, the first few days have reiterated the Trump administration’s focus on targeting LGBTQ people. GLAAD has been documenting Trump’s LGBTQ record in the Trump Accountability Tracker, including policies, proposals, and inaccurate, dangerous rhetoric.
In his inaugural address on Monday, Trump stated: “This week, I will also end the government policy of trying to socially engineer race and gender into every aspect of public and private life. We will forge a society that is color-blind and merit-based. As of today, it will henceforth be the official policy of the United States government that there are only two genders: male and female.” Trump’s disingenuous claim to be “color-blind” conflicts with his long history of anti-Black and other racist behavior, and his claim that there are only two genders conflicts with the reality that gender diverse people have always existed, across cultures and history, with science and medicine recognizing gender is a spectrum, with transgender and nonbinary people acknowledged and supported by every major medical association in the world.
Later in the evening, Trump signed executive orders seeking to “protect” women by removing transgender people under federal definitions of sex and gender, without proof that this protects women, or credibility from a president found liable for sexual assault and credibly accused of forcing himself on women. Another order vowed to end DEI programs and “preferencing” in the federal government, attempting to overturn decades of civil rights protections for federal workers in rescinding an executive order by Pres. Lyndon B. Johnson.
Another order pulled down a directive by the Biden administration to allow transgender service members to serve openly in the military, a move that does not immediately implement a ban but “clears the way” for it. The last time this was attempted by Pres. Trump, 56 generals and admirals spoke up to support open service, noting a ban would cause “significant disruptions, deprive the military of mission-critical talent… (and) would degrade readiness even more than the failed ‘don’t ask, don’t tell’ policy.” No evidence was ever produced demonstrating a need for the ban. Additional orders in the barrage signed by Trump attack immigrants and people seeking asylum in the U.S.
Secretary of State Marco Rubio, the only Trump cabinet member to be confirmed so far, has ordered the State Department to cease processing passport applications with gender neutral “X” markers in response to Trump’s executive order restricting transgender rights. The order does not apply retroactively to current passports; those who already have “X” gender markers on valid passports can continue to use those documents without issue. It is unclear how the policy will apply to those seeking passport renewal.
Secretary Rubio, in one of his first interviews since confirmation, also confirmed his true allegiance: “I work for Donald Trump,” he told Gayle King on CBS Mornings, answering a question about another Trump action, releasing and pardoning 1,500 people convicted in connection with the deadly assault at the Capitol on Trump’s behalf on January 6th, 2021. (When he was senator and now as secretary, Rubio works for the American people.)
“You said the images of the attacks stirred up anger in you. You said the nation was embarrassed. How do you reconcile that with the pardons?”
RUBIO: “I work for Trump.”
— The Tennessee Holler (@thetnholler.bsky.social) January 21, 2025 at 1:00 PM
Pres. Trump issued a full pardon for those convicted in the violent assault at the Capitol, releasing them to streets and communities across the country. The order explicitly granted clemency for nine members of the Oath Keepers and five members of the Proud Boys, two violent extremist groups connected to anti-LGBTQ incidents. The Proud Boys have been involved in nearly 70 anti-LGBTQ incidents since June 2022, according to GLAAD’s ALERT Desk. These include 50+ protests mainly targeting drag shows and local school boards — and resulting in at least four violent altercations.
It remains unclear how or if other Trump directives have practical impact or can actually be implemented. Executive orders cannot override the U.S. Constitution, federal statutes, or established legal precedent. Litigation has been filed and more is likely to be filed challenging their constitutionality.
On Thursday, federal district judge John C. Coughenour – a Reagan appointee – blocked Trump’s attempt to restrict birthright citizenship, calling it “blatantly unconstitutional” and preventing its enforcement for at least two weeks. “I’ve been on the bench for over four decades,” he added. “I can’t remember another case where the question presented is as clear as this one.”
In a deeper analysis of the executive order specifically targeting transgender people under federal definitions, out legal writer Chris Geidner explains that Trump’s enforcement power is limited. “Trump put out a wide range of directives to agencies and departments, some of which he lacks direct control over like the Equal Employment Opportunity Commission. Throughout the order, it takes aggressive anti-trans swings — but then puts off action because other departments, agencies, and officials are directed to actually implement steps that often conflict with existing law and precedent.”
LGBTQ advocates can follow Geidner’s coverage at Law Dork for continued insight into the message Trump’s orders send, compared to what they actually do in reality.
GLAAD’s President and CEO Sarah Kate Ellis (she/her) highlighted how Trump’s anti-LGBTQ focus harms all Americans and our quality of life. “Our nation is fighting food and gas prices, wildfires that have killed dozens and left thousands displaced, and an epidemic of gun violence, yet President Trump is hyperfixated only on harming LGBTQ Americans and other marginalized communities,” Ellis said in response to the initial executive orders.
“Within hours of his swearing in, he has marked his agenda of perpetuating fear and misunderstanding instead of addressing the actual problems Americans face. This administration seeks to intimidate us and to divide Americans, but we have power in community. Together, we will continue to organize, to be visible, and to resist any anti-LGBTQ and anti-American policies that are forced upon us.”
GLAAD also documented the overnight removal of many LGBTQ-inclusive White House and federal agency websites, including mention of and content about LGBTQ people, HIV, sexual orientation, gender identity, and pronouns from key agency websites.
Unlike the executive orders’ often incoherent and inaccurate language, legal and human rights experts in the LGBTQ community are organized, united, and well prepared to fight for and reassure all marginalized people. Both the ACLU and Lambda Legal laid out their plans this week to vigorously oppose Trump’s orders.
“We are looking at everything, trying to figure out what is happening, and monitoring both the new policy from the federal agencies, new potential proposed rules and regulations from the federal agencies, and then, of course, the material consequences on the ground for transgender people,” the ACLU’s Chase Strangio said.
“People should be concerned about what this executive order not necessarily does, but rather indicates and signals, which is the abandonment by this administration with regards to enforcement of civil rights protections for transgender people,” said Omar Gonzalez-Pagan, senior counsel and health care strategist at Lambda Legal.
Below are resources that LGBTQ people can refer to currently for protecting themselves and their families.
- GLAAD recently published a new resource, “Keeping LGBTQ Families Safe” — https://glaad.org/keeping-lgbtq-families-safe-recommendations-and-best-practices/
- Advocates for Trans Equality recently published a Trans Legal Survival Guide – https://transequality.org/resources/trans-legal-survival-guide
- COLAGE, Family Equality, GLAD Law, Movement Advancement Project, and NCLR have collaborated on an LGBTQ Marriage and Family resource guide
- National Center for Lesbian Rights issued a resource with frequently asked questions about protections for marriage for same-sex couples — https://www.nclrights.org/2024-update-now-that-trump-has-been-elected-can-our-marriage-be-undone/
For LGBTQ people, transgender people, or youth who are in crisis, reach out to these hotlines:
- Trans Lifeline: 877-565-8860
- National Suicide & Crisis Lifeline: 988
- Trevor Project: 866-488-7386
- Rainbow Youth Project National Hotline: (317) 643-4888
GLAAD will continue providing analysis and understanding of federal and local actions impacting LGBTQ rights.