Concerns that same-sex marriage could be under threat began to surface as well, especially after the U.S. Supreme Court, including Trump-appointed justices, overturned the federal right protecting. 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. LGBTQ+ conservatives insist that Donald Trump supports same-sex marriage rights. But has he ever shown such support?. Trump instead made anti-trans policy a focal point of his rhetoric, and changes to LGBTQ rights appear more likely to focus on rolling back protections for trans people rather than the.
“It’s not really up to the Trump administration because we have a decision from the Supreme Court from that says the federal constitution requires all states and the federal government to allow same-sex couples to marry,” Stoll says. In short, it’s not time to panic. Such actions would coerce school districts to discriminate against transgender students and erase the existence of transgender people in the curriculum, causing substantial harm to students in every state.
Such discrimination should be subjected to heightened equal protection scrutiny, since the Supreme Court has recognized in Bostock that discrimination based on sexual orientation or gender identity is discrimination based on sex, which is unconstitutional unless the government can prove that the discrimination is substantially related to an important government interest.
Lastly, and perhaps most ominously, if Trump returns to the White House, we expect his administration to use federal law — including laws meant to safeguard civil rights — as a cudgel to override critical state-level protections for transgender students and to force state and local governments, as well as private organizations, to allow or even perpetuate discrimination 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.
NBC News Logo. We will advocate for states and school boards to protect LGBTQ students by enacting guidance regarding updating student names and pronouns, and by creating inclusive rules on gender-based activities, best practices for school records, and ways to support transgender students living under a federal government that discriminates against them. Many of these directives do just that or are regarding matters over which the president does not have control.
We would also argue that states should have the freedom to create greater civil rights protections for groups they believe face discrimination — such as transgender youth and adults — and that federal civil rights laws should not be interpreted to overrule those state protections. In addition to rescinding nondiscrimination protections for LGBTQ people, a second Trump administration would permit faith-based, taxpayer-funded contractors that carry out vital federal government programs e.
Just as the Trump administration did ina second Trump administration would reverse policies allowing transgender people to serve openly in the military. Since27 states have banned transgender youth from playing school sports. In Utah, a teenage basketball player was accused of being transgender by a member of the state board of education, leading to threats of violence against her and her family, and a teenager in Maine faced a similar attack from a state senator.
Since25 states have enacted categorical bans on gender-affirming medical care, such as hormone therapy and puberty-suppressant medications, for treating gender dysphoria in transgender youth yet readily allow those same medications for other and similar purposes for cisgender youth. And telecommunications and technology firms that facilitate its spread should be shuttered. Enforcing this definition of sex defies decades of federal statute and legal precedent, violating the U.
Such protections would include policy guidance regarding updating student names and pronouns, inclusive rules on gender-based activities, and best practices for school records. Tell your members of Congress to protect trans people from discrimination today. But this in no way eliminates the role for Congress to play in challenging these assaults. Make your donation to the ACLU today. Below we discuss how the planned policies of a second Trump administration are illegal and unconstitutional under any proper reading of precedent.
Sign In Create your free profile. That order was soon challenged on behalf of families, medical providers, and advocates by the ACLU and the Lambda Legal and is blocked from enforcement by a preliminary injunction. Love conquers trump is not going to stop gay marrage. These programs — and similar ones at a much larger scale — exemplify the kind of support for and investment in the health of transgender people that will become necessary at the state level in a second Trump administration.
The analysis adopted by the Court logically applies to other federal sex nondiscrimination statutes including Title IX and the Fair Housing Act. The U. To learn more, please read our Privacy Policy. Anything they do, I wish them luck, but I have nothing to do with them. Shop Now. They know how to build safety, community, and care among one another, and the ACLU has a century-long history of representing, supporting, and advocating for the powerless, the silenced, the marginalized, and the unapologetically queer against the kinds of attacks outlined in this report.
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