Anti-Trans Attacks Escalate: Beyond Legal Strategies for 2026

The year 2025 has seen an unprecedented escalation of attacks targeting transgender people in the United States, with the Trump administration enacting policies aimed at curtailing their rights and safety. Despite a lack of meaningful opposition from Congress or the Supreme Court, advocates are now looking beyond legal strategies to build broader movements for change.

A Year of Targeted Policies

President Trump, upon taking office, announced a policy asserting that there are only two sexes determined at conception, characterizing being transgender as a “false claim.” This declaration has been followed by a series of actions designed to mandate discrimination against transgender individuals in areas including education, employment, healthcare, military service, identification documents, and the carceral system.

The administration has not only pursued policy changes but has also employed deliberately dehumanizing rhetoric. President Trump has stated that being transgender is inconsistent with “an honorable, truthful, and disciplined life,” referred to medical treatment for transgender minors as “child abuse,” and consistently dismissed transgender existence as “transgender insanity.”

Recent actions by the Justice Department and the Department of Health and Human Services represent the culmination of this year-long effort. The Justice Department announced a directive to abandon safety protocols for LGBTQ individuals in prison, reversing standards established by the 2003 Prison Rape Elimination Act (PREA). Linda McFarlane, executive director of Just Detention International, stated that the Department of Justice “would rather see incarcerated people, including children, be sexually abused than allow trans people to express their gender identity.”

Did You Know? The Prison Rape Elimination Act (PREA) was signed into law in 2003 by President George W. Bush, aiming to address endemic sexual violence in custodial settings.

Additionally, the Department of Health and Human Services proposed regulations that would block federal funding to hospitals providing evidence-based care—including puberty blockers, hormone therapy, and surgery—to transgender minors, care supported by major medical associations like the American Medical Association and the American Academy of Pediatrics.

The Supreme Court has largely supported the administration’s efforts, readily approving policy reversals regarding transgender people’s access to passports reflecting their gender identity. In the case of Trump v. Orr, the Court reasoned that displaying a passport holder’s sex at birth is akin to displaying their country of birth, and does not constitute discrimination.

Beyond the Courts

The rapid dismantling of protections for transgender people highlights the limitations of relying solely on legal and policy work. While LGBTQ legal advocates have achieved successes in the past, the current political climate and the Supreme Court’s stance suggest that further legal victories may be difficult to secure.

Expert Insight: The current legal landscape underscores the need for a multi-faceted approach to advocacy, one that extends beyond the courtroom and focuses on community building and broader social change.

Advocates are now emphasizing the importance of building power outside of the legal system, connecting with movements focused on bodily autonomy, decriminalization, and disability justice. Transgender people, having navigated systems not designed for their existence, possess unique strategies for resilience and self-determination.

Drawing inspiration from the legacy of Marsha P. Johnson, advocates are focusing on “dreaming and manifesting” solutions, rather than solely relying on legal frameworks. As Tourmaline reflected to NPR, “the bigger the problem, the bigger the solution,” and this is a moment to envision a world that truly values and supports transgender lives.

Frequently Asked Questions

What actions has the Trump administration taken against transgender people?

The Trump administration has announced a policy stating there are only two sexes, mandated discrimination in various sectors, used dehumanizing rhetoric, and reversed safety protocols for LGBTQ individuals in prison, as well as proposed regulations to block healthcare for transgender minors.

What was the Supreme Court’s ruling in Trump v. Orr?

The Supreme Court permitted the administration’s reversal of policies allowing transgender people to update the sex designation on their passports, suggesting that such actions do not constitute discrimination.

What strategies are advocates pursuing beyond legal challenges?

Advocates are focusing on community and power-building, connecting with broader movements for bodily autonomy, decriminalization, and disability justice, and envisioning solutions beyond the confines of the legal system.

Given these challenges, what will it take to build a future where transgender people are safe, respected, and empowered?

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