After the Election: Things Trans People Should Know Now
Following the election, many U.S. policies and regulations may be affected by the new administration. Transgender and gender non-conforming individuals can take steps now to protect themselves and prepare themselves for some of the predicted changes.
Rules and policies that may change (and not for the better):
Rules governing changes to gender markers on IDs
Trump has vowed to pass a federal law to erase the existence of transgender and gender non-conforming people so that “the only genders recognized by the U.S. government are male and female and they are assigned at birth.”
If you (or your child) need to update the gender marker on a U.S. passport, a U.S. Consular Report of Birth Abroad, or with the Social Security Administration, you may want to do so sooner rather than later. While there are certain forms and letters that must be submitted to effect these changes, there is currently no surgery requirement. And, under existing policies, it is possible to change one’s gender marker on these documents without having obtained a legal name change.
There is particular urgency with respect to U.S. passports and U.S. Consular Report of Birth Abroad, as the U.S. State Department policies governing these documents can be changed relatively quickly by a new administration.
Health care laws
The new administration could make significant changes to healthcare access and costs under the Affordable Care Act (ACA).
Trump has maintained that he would not try again to repeal and replace the ACA, nor could the ACA be shut down in a day. However, he has said that he has “concepts of a plan” to revise healthcare systems in the United States. Congress will also be debating whether to extend ACA plan subsidies, expanded during the Biden administration, in 2025.
The future of the ACA is unclear. It is difficult to predict how drastically healthcare and coverage for trans people will be affected.
Section 1557 of the ACA prohibits covered entities from discriminating on the basis of race, color, national origin, sex, age, or disability. In 2016, a federal rule implementing Section 1557 of the ACA went into effect, prohibiting discrimination against LGBTQ individuals, including transgender and gender non-conforming people. As a result, covered medical providers cannot refuse to treat trans people or refuse to recognize an individual’s gender identity with respect to pronoun usage and room placement.
Covered insurers cannot categorically exclude coverage for specific health services related to gender transition. Covered entities include:
- entities operating a health program or activity, any part of which receives funding from HHS;
- federal and state health insurance marketplaces; and
- employee health benefit programs that receive HHS funding.
Under the new administration, these protections could be lost and trans people could again face increased difficulty accessing mental healthcare, hormone therapy, and surgical treatment.
If your insurer or medical provider is covered by Section 1557, we recommend that you proceed with obtaining medically-necessary care as soon as possible.
Gender-affirming care for trans children
The new administration has promised to eliminate gender-affirming care for minors. This has included a ban on gender-affirming care for minors in all 50 states; repealing Medicare or Medicaid funding for hospitals that offer gender-affirming care for minors; and signing an executive order instructing federal agencies to cease programs that “promote the concept of sex and gender transition at any age.”
School protections for trans children
Trump has promised to get rid of the U.S. Department of Education and roll back protections for LGBTQ+ students. Many experts fear that changes to Title IX, extending new protections to transgender students, will be quickly repealed. The president-elect has also urged the adoption of national “Don’t Say Gay” policies targeting LGBTQ+ students and vowed to defund schools that engage in “gender indoctrination.”
Decisions regarding possible protections for transgender students will likely be left to local school boards in Pennsylvania. Current Pennsylvania counties with adopted policies to protect transgender students – such as allowing them to be referred to with their chosen names and pronouns, participating in groups that conform with their gender identity, or using the bathroom of their choice – will not have those policies at risk. However, the ability to adopt future policies will be threatened, depending on the future of Title IX.
Other LGBTQ+ protections established through executive orders or federal regulations could also be eliminated.
What’s the good news?
Statutes governing legal name changes in Pennsylvania and New Jersey will not change in the immediate future.
The federal election results will not impact the process to seek name changes in Pennsylvania or New Jersey because name change procedures are governed by state law. Any changes to Pennsylvania’s or New Jersey’s name change statute must be done through the relevant state’s legislature.
We continue to recommend that transgender or gender non-conforming people retain trans-competent legal counsel when pursuing a name change, particularly those who wish to seek waiver of Pennsylvania’s publication requirement. We also cannot stress strongly enough how important it is that parents seeking name changes for their transgender or gender non-conforming children retain trans-competent, experienced legal counsel.
Rules governing state-issued identity documents will not change.
State-issued identity documents, like driver’s licenses, non-driver’s IDs and birth certificates, are governed by state, not federal, law. The federal election results will not impact the procedures for name and gender modifications on these documents.
Marriages and adoptions cannot be “undone” by a President.
Laws regarding marriage, adoption, and parental rights are controlled by states, not the federal government. Therefore, if you are legally married, your marriage cannot be “undone” by the incoming administration. Likewise, if you have adopted a child, the new administration cannot change your status as a legal parent. For more information about post-election LGBTQ family law issues, please visit our blog post here.
Support if you are in distress
If you are a trans or gender non-conforming person in distress, it is important to ask for help and support. Please reach out to any of these resources:
24/7 Hotline: 866-4-U-TREVOR (866-488-7386)
Available via instant messaging at TrevorChat or via text at TrevorText (text START to 678678)
Peer-Support Crisis Hotline: 877-565-8860 (Available from 1 pm - 9 pm EST)
Confidential Hotline: (888) 843-4564 (Available M-F 1 pm to 9 pm EST and Saturdays 12 pm – 5 pm EST)
The LGBT National Youth Talkline
Hotline serving youth through age 25: (800) 246-7743 (Available M-F 1 pm to 9pm EST and Saturdays 12 pm – 5 pm EST)
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