Legal challenges have emerged against two executive orders issued by former President Donald Trump that impact the rights of transgender and nonbinary individuals. These executive orders are being contested in court after lawsuits were filed on Friday.
One lawsuit, lodged by a group of transgender individuals in the U.S. District Court in Boston, relates to an executive order that resulted in the discontinuation of gender marker modifications on passports. This order also prevented the use of the “X” marker, commonly used by nonbinary individuals. Represented by the ACLU, the plaintiffs contend that the sudden policy change last month did not adhere to the 60-day notice and comment period requirement. They also argue that the order discriminates based on sex and, in certain instances, transgender status.
The executive order under scrutiny was signed by Trump on his first day back in office. It stated that the government would only acknowledge a person’s sex, not their gender, and that sex is unalterable. This stance contradicts the views of the American Medical Association and other prominent medical organizations.
Additionally, on Friday, three Democratic states filed lawsuits against the Trump administration over its order to prohibit federal funding for gender-affirming care for transgender individuals under 19. The federal lawsuit was filed in the Western District of Washington by the state’s Attorney General, Nick Brown. The attorneys general of Oregon and Minnesota, as well as three doctors, also joined as plaintiffs. They maintain that the order discriminates against transgender individuals.
Last month, Trump signed another executive order instructing federally operated insurance programs, including Medicaid and TRICARE for military families, to exclude coverage for gender-affirming care. The order also mandates the Department of Justice to initiate litigation and legislation to counter it. Some state Medicaid programs currently cover gender-affirming care, but this new order could potentially terminate this practice. It further targets hospitals and universities that receive federal funding and offer these services.
The lawsuit argues that the order infringes on equal rights protections, the division of powers, and states’ authority to regulate matters not explicitly delegated to the federal government. Other legal battles are already underway, including a challenge to an order that potentially bans transgender individuals from military service and a plan to transfer transgender women in federal prisons to men’s facilities. More challenges are expected.
This news follows a separate lawsuit filed by families with transgender or nonbinary children in a Baltimore federal court earlier this week. As these legal battles continue, some providers have stopped offering gender-affirming care for transgender youth, while authorities in New York have warned hospitals that discontinuation of these services would be illegal.
In the midst of these legal disputes, Trump also signed an executive order aimed at preventing transgender athletes from participating in girls’ and women’s sports. This decision, too, has been met with legal challenges. Researchers have discovered that less than 1 in 1,000 adolescents receive gender-affirming care, which can include treatments like puberty blockers, hormone treatments, and surgeries, although surgeries are rare for children.
Despite increased visibility and acceptance for transgender individuals, there’s been significant opposition. At least 26 states have passed laws to limit or ban gender-affirming care for minors. A case regarding the constitutionality of Tennessee’s ban on this care was heard in the U.S. Supreme Court last year, but a ruling has not yet been delivered.
