Information for LGBTQ+ People and Families in Anticipation of a Second Trump Administration 

Many of us are still processing the results of the presidential election and are worried about what a second Trump Administration will mean for us and our loved ones. 

At GLAD Law, we have heard from parents worried about how to protect their legal relationship to their children, married couples, and those considering marriage wondering what they should do to protect each other, transgender people and families deeply concerned about access to health care at all ages, teachers, students, and families worried about what this will mean for our schools, communities alarmed by the prospect of mass deportations of immigrant family members and friends, and many others bracing for what already feels like an increase in cruelty and harassment.  

While we don’t yet know what exactly the next four years will look like, we do know that we are going to need to support one another, take whatever steps we can to protect ourselves, our loved ones, and our communities, and plug in to help shape a better future whenever and however we are able. GLAD Law will continue to use the law as a tool to slow, stop, and reverse harmful policies – and promote positive ones – and we will continue to support our community with information about your rights and what steps you can take to protect them. 

Here are some resources we have compiled. Everyone’s situation will be different, and this should not be taken as legal advice. We encourage you to determine what the right steps are for you and to consult with a lawyer when needed.

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This page will be updated as time goes on, so please check back.

If you have additional questions or are looking for a lawyer or other resource referral, reach out to GLAD Answers. 

Marriage and Relationship Protections 

We are prepared to challenge any attempt to reverse the Supreme Court’s 2015 marriage equality decision. Additional protections for marriage also exist at the federal level through the Respect for Marriage Act and at the state level in New England and several other states. 

However, we know that many people are worried about what could happen in the future, and there are steps you can take to protect your relationship.

In the joint FAQ, Protecting Your LGBTQ+ Marriage and Family, GLAD Law has collaborated with COLAGE, Family Equality, Movement Advancement Project (MAP), and the National Center for Lesbian Rights (NCLR) to answer our families’ most pressing questions.

Family Protections 

While marriage and having both parents’ names on a birth certificate do offer some protection for families, the most secure option is to have a court decree of parentage. This can be through a co-parent adoption or a court judgment.  

New England has many protections for LGBTQ+ families, including for parents who are not married. There are steps you can take to protect your parent-child relationship, depending on which state you are in and how your family is formed.

Health Care Access 

We understand that the recent election has created real anxiety about potential changes to transgender health care access. While we cannot predict the future with certainty, we are committed to keeping the community informed as situations develop. 

First and foremost, we encourage you to discuss any concerns about continuity of care with your current medical provider. 

While federal policies could theoretically change in the future, multiple layers of legal and constitutional protections remain in place. Organizations like GLAD Law stand ready to challenge discriminatory laws or unfair federal policy, and LGBTQ+ and allied advocacy groups will continue working to prevent unfair legislation. 

Currently, 26 states have enacted bans on health care for transgender adolescents, and Florida stands alone in having placed restrictions on treatment for transgender adults. The majority of those laws are being challenged in court. 

Importantly, 14 states and DC, including Massachusetts, Rhode Island, Connecticut, Maine, and Vermont, have enacted “shield laws” to protect medical providers’ ability to continue caring for transgender patients. Two additional states (Arizona and New Jersey) have executive orders protecting care.  

In December, the U.S. Supreme Court will hear arguments in a landmark case examining whether states can constitutionally deny transgender adolescents access to established medical care that is routinely provided to others. The federal trial court (in that case and numerous others) struck down such restrictions as violating equal protection principles, finding no legitimate basis for singling out transgender adolescents and denying them standard medical treatments that physicians and major medical organizations have found to be safe and effective. Based on existing constitutional protections against discrimination, we are hopeful about the Court’s ruling. A positive decision in that case should be a bulwark against other efforts to restrict care.  

Check our website for the most up-to-date information about relevant laws and legal challenges.  

Schools 

We have already seen many attempts at the state and local level to reverse protections for LGBTQ+ students and censor what students can learn about themselves and others. The incoming administration has indicated a desire to broaden attacks on schools and undermine public education. We can all be prepared to get involved at the local level to protect vital access to education for all students. 

Every New England state has protections for LGBTQ+ students in public schools, and many courts have affirmed that federal Title IX protections apply to LGBTQ+ students. 

We encourage you to ask about your school’s policies, and to visit our state-specific Know Your Rights in School pages for more information and other organizations to reach out to for help. 

Identity Documents and Name Changes 

If you want to update your identity documents and/or secure a legal name change, there are resources available to you. 

Visit our Transgender ID Project page for self-directed guides for each of the New England states. In many cases, these are changes you can make on your own. However, if you have a more complex situation or need assistance, we also have an ID Project that can pair you with a pro bono attorney. Please note there may be a wait to be matched with an attorney given high demand. 

Other Protections 

New England states have a range of important non-discrimination protections that cover employment, housing, health care, and public spaces. Visit our state-specific pages for more information about specific protections and to understand how to work with state non-discrimination commissions if you face discrimination. 

This is also a time for all of us to engage with pro-equality state and local leaders to ensure the most robust protections at the state level and to act as a barrier against harmful federal policies. 

Online Safety 

Some people may be considering scaling back how public they are online at this time. We have a Digital Safety Guide with steps you can take to increase online security. 

Last updated: November 12, 2024