Executive Orders Under Trump: The Transgender Perspective

Aria Freeman

4 min read

Post on May 10, 2025

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The Trump presidency significantly impacted the transgender community, with several executive orders directly affecting their rights and well-being. These actions sparked widespread controversy and legal battles, leaving a lasting legacy on the lives of transgender individuals across the United States. This article examines key executive orders and their repercussions, analyzing their impact on transgender rights and highlighting the ongoing struggle for equality.

Military Ban: Executive Order 13767 and its Repercussions

Executive Order 13767, initially implemented in 2017, prohibited transgender individuals from serving openly in the military. The stated rationale focused on concerns about military readiness and the costs associated with medical care for transgender service members. However, critics widely condemned the order as discriminatory and a violation of equal protection principles. The ban led to immediate uncertainty and distress for many transgender service members already serving, and prevented others from enlisting.

• Legal Challenges: The ban faced immediate and sustained legal challenges, with numerous lawsuits arguing that it violated the constitutional rights of transgender individuals. These cases eventually led to court rulings that significantly modified or overturned the ban, culminating in the reinstatement of transgender individuals' right to serve openly.
• Affected Individuals: The ban directly impacted thousands of transgender service members and prospective recruits. Many faced discharge, separation from their careers, and the loss of vital healthcare benefits. The emotional toll on individuals and their families was substantial.
• Psychological Effects: The uncertainty and discriminatory nature of the ban caused significant psychological distress for transgender service members. Increased rates of anxiety, depression, and post-traumatic stress disorder were reported amongst those affected.

Bathroom Bill Rollback: Rescinding Obama-era Protections

During the Obama administration, guidance was issued clarifying Title IX protections for transgender students' access to bathrooms and facilities aligning with their gender identity. This guidance aimed to ensure a safe and inclusive school environment. However, the Trump administration rescinded this guidance in 2017, returning decision-making power to individual schools and potentially creating a more hostile environment for transgender students.

• School Policies: The rollback led to a patchwork of policies across different schools and districts, with some reverting to policies that excluded transgender students from using facilities consistent with their gender identity. This created a situation where transgender students in some areas faced significant discrimination and safety risks while in others, supportive policies remained in place.
• Bullying and Harassment: The ambiguity and lack of federal protection following the rollback contributed to increased reports of bullying, harassment, and discrimination against transgender students. This negatively impacted their mental health, academic performance, and overall well-being.
• Legal Arguments: The rollback of Obama-era protections generated ongoing legal battles. Advocates argued that it violated transgender students' rights under Title IX and other federal laws, jeopardizing their safety, education, and equal opportunity.

Healthcare Access: Restrictions on Healthcare under Trump

While not directly targeting the transgender community, various Trump administration policies indirectly affected access to healthcare for transgender individuals. These actions focused on weakening the Affordable Care Act (ACA), reducing funding for certain health programs, and promoting policies that potentially limited access to gender-affirming care.

• Affordable Care Act (ACA): Repeated attempts to repeal or weaken the ACA threatened crucial healthcare coverage for many transgender individuals who rely on it for essential services, including gender-affirming care and mental health support.
• Healthcare Disparities: Reduced access to affordable healthcare exacerbated existing health disparities within the transgender community, leading to delayed or forgone medical treatment, negative health outcomes, and increased economic strain.
• Gender-Affirming Care: Indirect restrictions on healthcare access made it more difficult for transgender people to obtain gender-affirming care, such as hormone therapy and surgeries, negatively impacting their physical and mental health.

Understanding the Legacy of Executive Orders on Transgender Rights

The Trump administration's executive orders and related policies left a significant and lasting impact on the transgender community. These actions created a climate of fear and uncertainty, affecting their access to healthcare, education, and military service. The legal battles that ensued, while ultimately achieving some positive outcomes, underscore the ongoing need for legislative and policy changes to ensure the protection of transgender rights. This historical context is critical to inform future advocacy and policy efforts. To continue the fight for equal rights for transgender individuals, we urge you to learn more and get involved with organizations working to protect and advance the rights and well-being of this community. Understanding the impact of these executive orders under Trump is a crucial step in the continuing fight for transgender equality.