American view on gay
Litigation will be essential, but it will not be enough. Four years of the first Trump presidency had an enormous impact on the courts, including the Supreme Court. It is that much harder now. Additionally, a second Trump administration would take the extreme position that the Constitution entitles employers to discriminate against LGBTQ people based on their religious beliefs, notwithstanding state nondiscrimination laws.
Just as the first Trump administration did, a second Trump administration would remove federal nondiscrimination protections by rescinding regulations and interpreting federal laws to eliminate such protections. The ACLU will use every tool at its disposal to fight these dangerous plans, including taking the Trump administration to court wherever we can.
Getting courts to understand the experience of transgender people and the impact of discriminatory policies on their lives was difficult even before Trump reshaped the judiciary. Below we discuss how the planned policies of a second Trump administration are illegal and unconstitutional under any proper reading of precedent.
He plans to use federal laws — including laws meant to safeguard civil rights — as a cudgel to override critical state-level protections, arguing that state laws that protect transgender students violate the federal statutory rights of non-transgender students.
We anticipate that, in a second term, Trump will attempt to carry out much of his sweeping, anti-LGBTQ policy agenda through executive actions. The results would be devastating, as thousands of transgender people would immediately lose access to needed medical care.
The ACLU has prevailed on these fronts in the past, and we will continue to fight. Legal and policy battles — even those that are unsuccessful in the short run — can serve to frame and focus fights over values in ways that are politically resonant in the long term. Second, a new Trump administration would not only roll back existing protections, but proactively require discrimination by the federal government wherever it can, including by banning transgender people from serving openly in the Armed Forces and blocking gender-affirming medical care for transgender people in federal health care programs such as Medicare.
But this in no way eliminates the role for Congress to play in challenging these assaults. As in years past, this analysis measures Americans’ attitudes on LGBTQ rights across all 50 states on three key policies: nondiscrimination. First, a new Trump administration would reinstate and significantly escalate the removal of anti-discrimination policies.
Clayton County , U. Accepting the illegal and unconstitutional assaults on the LGBTQ community promised by a second Trump administration without a legal fight is not an option. Make your donation to the ACLU today. Our privacy statement is changing. How lesbian, gay, bisexual, transgender and queer adults view the impact of Obergefell and social acceptance for LGBTQ people more broadly 10 years after the Supreme Court decision legalizing same-sex marriage.
While the Biden administration reversed many of those attacks, Trump himself has promised to go even further if re-elected to the White House. Americans remain largely supportive of the legalization of same-sex marriages, and a majority believe gay or lesbian relations are morally acceptable.
This could strip LGBTQ people of protections against discrimination in many contexts, including employment, housing, education, health care, and a range of federal government programs. As detailed below, many of the planned anti-LGBTQ policies of a second Trump administration would violate the Constitution and federal law, such that litigation would be a significant part of our response.
Third — and most ominously — if Trump returns to the White House, we expect him to try to weaponize federal law against transgender people across the country. Our experts detail the threats a potential second Trump administration poses to the LGBTQ community, particularly transgender people.
We will engage on every advocacy front, including mobilizing and organizing our network of millions of ACLU members and activists in every state to work to protect LGBTQ people from the dangerous policies of a second Trump administration. Based on his own campaign promises — and the detailed policy proposals of Project — we can expect a future Trump administration to deploy three tactics against LGBTQ rights.
Changes will be in effect July 31, Following the inauguration of Donald Trump in January , we witnessed a sustained, years-long effort to erase protections for LGBTQ people across the entire federal government. Homosexuality in the United States - Statistics & Facts In a recent survey conducted among Americans, percent of respondents identified themselves as part of the LGBT community.
Fight back against bigotry, injustice and inequality. Executive Summary Throughout , PRRI interviewed more than 22, adults as part of its American Values Atlas, allowing for the ability to provide a detailed profile of the demographic, religious, and political characteristics of LGBTQ Americans.
We are clear-eyed about the challenging road we face in turning to the federal courts to stop these planned attacks on the LGBTQ community. And, shockingly, it would try to erase transgender people from public life entirely by using federal obscenity laws to criminalize gender nonconformity.
Mobilizing public support on behalf of vulnerable children and youth — as the ACLU did in the context of family separation — will help deter further draconian policies and can help reshape the political narrative around transgender justice.