In the lead-up to the 2020 presidential election, GOP consultants were fighting over strategy: Would going all-in on anti-trans messaging deliver then-President Donald Trump the suburbs in his race against former Vice President Joe Biden? Or should his campaign stay away from the issue, given widespread support among the electorate for LGBTQ rights like same-sex marriage? “This might become a hot cultural issue, but it’s not a thing yet,” one Republican consultant told Politico in the summer of 2020. “Right now, it’s just an easy issue for the other side to attack us on. They will call us bigots.”
So much has changed, as a network of conservative and religious-right groups coordinated to push hundreds of bills to wipe out trans youth health care, bar them from sports teams that match their gender identity, and censor discussion of LGBTQ issues in schools. With more than 129 anti-LGBTQ laws passed across the country in the last two years, GOP candidates now are betting that they’ve seeded enough anti-trans sentiment among voters to use transphobia as a motivating issue. It doesn’t seem to matter to Republicans that trans issues still tend to rank last among voters’ priorities: From August through early October, GOP candidates dropped $65 million on anti-trans advertising, according to a New York Times analysis. The hateful rhetoric has been deployed all the way down the ballot, in Senate races, statehouse contests, and state constitutional amendment campaigns.
Now, as the presidential race draws to a close, Trump’s campaign has made anti-trans ads the biggest focal point of its spending. The TV spots and social media posts spread falsehoods about medical care for trans youth, cast trans athletes as predators, and link support for trans people with support for (nonexistent) “partial-birth abortions.” Sports fans will recognize the constant refrain—“Kamala is for they/them. President Trump is for you.”—from game-day commercial breaks.
None of this bodes well for trans rights under either Trump or Harris, no matter what happens on Election Day, or in the weeks afterward. “I’ve been calling this the most anti-LGBTQ election since 2004,” says Sean Meloy, vice president of political programs at the LGBTQ+ Victory Fund, which works to elect queer and trans candidates. In 2004, George W. Bush used same-sex marriage as a wedge issue in his reelection campaign, betting it would drive conservatives to the polls. (As it turns out, right-wing voters were motivated by other priorities.) “They’re doing exactly the same thing now,” Meloy says. “Gay and lesbian people are understood and represented, and now they’re trying to dehumanize and use trans people and their experiences to get votes.”
Trump has pledged to defund gender-affirming care—and to ban it for minors.
Just being exposed to hateful political rhetoric can harm trans youth. Last year, in a Trevor Project survey, 86 percent of trans and nonbinary youth said debates about anti-trans bills negatively affected their mental health; half said they experienced cyberbullying; and a third didn’t feel safe going to the doctor. And when states pass anti-trans laws, the consequences for mental health are devastating: A study published in Nature Human Behavior in June found suicide attempts by trans youth ages 13 to 17 rose by as much as 72 percent a year after anti-trans laws were enacted.
Such laws are now the norm in Republican-dominated states. “In either scenario in November, we’re still facing that reality, where transgender people’s and also LGBTQ people’s rights more broadly depend almost entirely on what state they happen to live in,” says Logan Casey, director of policy research for the Movement Advancement Project. Already, trans people and their families are facing a “really difficult choice,” he says. “Stay in the place that they call home, seek healthcare somewhere else, or move out of state for potentially safer environments.”
If Trump wins the presidency, Casey says, the attacks succeeding now on the state level can be expected to graduate to the federal government. In his first term, Trump already provided a model for targeting transgender people. He banned them from the military; permitted anti-trans discrimination in health care; rolled back protections for trans students; and created a broad license for businesses to discriminate based on “religious objections”—often against LGBTQ people. More clues for a second term come from Project 2025, much of which was written by former Trump administration members, which equates “transgender ideology” with pornography and declares that it should be banned. The blueprint for a second Trump administration proposes wiping the terms “sexual orientation” and “gender identity” completely out of all federal policy.
And if the GOP wins both Congress and the White House, Trump has pledged to go further than before—cutting off federal funding for gender-affirming medical care and making it illegal nationwide for doctors to provide such care to minors.
But even without Congress, Trump would still have immense power to target transgender people through executive agencies. First on the list: reinterpreting federal laws in ways that eliminate protections for transgender people. That includes the Affordable Care Act, as well as Title IX, which forbids sex discrimination in education. Are schools and doctors expected to treat people according to their gender identity? The Obama and Biden administrations said yes. But in the years between, Trump appointees reversed those rules. “What they mean in terms of bathrooms, what they mean in terms of sports, what those regulations look like is very dependent on, is [Betsy] DeVos in charge or not?” says Jess Braverman, legal director at Gender Justice.
Legal and policy experts who specialize in LGBTQ rights also warn that Trump appointees could create broad religious exemptions to federal nondiscrimination rules. One potential consequence: Government contracts going to organizations that exclude queer and trans people or insist on misgendering them. For example, during the first Trump administration, Catholic Charities was the only organization in Texas contracted to provide foster care placements for refugee children. The organization disqualified a lesbian couple, allegedly because they did not “mirror the Holy Family.” (Lambda Legal sued, and won.) Jennifer Pizer, Lambda Legal’s chief legal officer, says she’s particularly concerned about federal agencies giving contractors free rein, because the people they serve are often in dire need. “Whether it’s providing shelter or food or disaster relief, when they discriminate, then the people who are entitled to receive services, they don’t necessarily stay,” she explains.
The Project 2025–obsessed loyalists and ideologues who will staff a second Trump administration will not only set a tone for the massive federal workforce—one likely to be hostile to LGBTQ employees—but they’ll also be in charge of deciding how federal program money is distributed. “That money can go to responsible, community-based organizations and professional institutions that provide services consistent with professional standards, in a nondiscriminatory way,” Pizer says, “or to expand the religious infrastructure that we have in this country.”
“No matter which way the regulations go, no matter what they say, there’s always going to be litigation.”
Pretty much any agency moves are guaranteed to wind up in the courts, where lawsuits are already raging over trans-inclusive interpretations of Title IX and the ACA. Even when the Supreme Court weighs in—as it did in 2020 when it ruled that Title VII, the federal law banning sex discrimination in employment, protected transgender workers—the underlying issues aren’t put to rest. “No matter which way the regulations go, no matter what they say, there’s always going to be litigation,” Braverman says.
So it matters immensely who’s on the bench—another presidential power. During Trump’s first term, he appointed nearly 200 judges, reshaping the federal judiciary all the way up to the Supreme Court. As a result, those justices didn’t just overturn Roe v. Wade, they widened religious exemptions to civil rights law in ways that let more business owners refuse to serve LGBTQ clients. And, with all the recent state laws targeting transgender youth, a profusion of litigation over trans issues is making its way through the federal court system. In the most prominent case, United States v. Skrmetti, the DOJ has teamed up with trans families and has asked the court to decide if states can ban puberty blockers and hormone therapy for trans youth while permitting the same treatments for cisgender patients.
Oral argument for Skrmetti is scheduled for December—meaning the case should be submitted before the next president takes office. Pizer notes that it remains to be seen whether a Trump White House would try to reverse the DOJ’s current position on the case, and whether the justices would allow it.
In some ways, the backsliding in support for trans people is bipartisan. Democratic candidates this cycle have often appeared tentative or afraid of how conservative messaging about trans issues has already shaped public opinion.
Some Democrats have adopted anti-trans rhetoric defensively, referring to trans people not by their gender identity but by the sex they were assigned at birth. “Let me be clear, I don’t want boys playing girls’ sports,” said Democratic Senate candidate Texas Rep. Colin Allred, running against Ted Cruz in Texas, in his response to a right-wing attack ad. Some LGBTQ-rights advocates chalked Allred’s response up to “messy” allyship; others called it a “dog whistle.” Either way, anti-trans activists were thrilled: “Beautiful Ted gets a major W here,” American Principles Project president Terry Schilling posted.
Even Kamala Harris, who dedicated an entire interview to describing her support for trans people during her first run for president in 2019, and who otherwise has a strong record advocating for the queer community, has stopped short of giving a robust defense of trans rights in her campaign. When attacked for allowing incarcerated people to access gender-affirming care, she shot back that such care was offered in federal prisons under the Trump administration. Gender-affirming care “is a decision that doctors will make in terms of what is medically necessary,” Harris elaborated under further questioning by NBC anchor Hallie Jackson.
“It feels like that’s a long way from ‘we see you and we love you,’ which was your message to trans Americans in May,” Jackson pushed back. “What do you want the LGBTQ+ community to know as they’re looking for a full-throated backing from you for trans Americans?”
“I believe that all people should be treated with dignity and respect, period, and should not be vilified for who they are, and should not be bullied for who they are,” Harris replied.
To some queer and trans observers, Harris’ general rebuttal about a need for inclusion is a disappointment, failing to meet the intensity of the anti-trans backlash. Others see it as an appropriate calculation for a dangerous political moment. “There are attacks against multiple groups of people, and so a counter-message that says, ‘Targeting people is not good, we need to come together as a country, we need to be inclusive as a country’—that is an apt message for these times,” Pizer says.
The stakes of the rhetoric are extremely high. While the average American’s opinions about transgender policies—from bathroom bans to gender-affirming care restrictions—are largely unformed and in flux, according to research from the University of Minnesota, politicians’ anti-trans messages have broadened support for restrictive policies. “As public opinion continues to evolve in this area,” the researchers concluded, “much will depend on the behavior and framing offered by elites.”
And the anti-trans rhetoric from Trump and his allies has already had a profound impact on queer people—none more so than the trans women and drag queens featured in the ads without their consent. “I haven’t been able to sleep,” Gabrielle Ludwig, a trans woman whose college basketball career was exploited in multiple ads, told The Hill. “I don’t want my family affected. I have granddaughters, daughters who are in college. I only did this because I love to play basketball. That’s all it ever was.”
With so much ultimately being up to the courts—and political battles sure to continue in the states, if not the federal government—Braverman believes a Harris win could be a chance to change the narrative. “The demonization and the discussion and the ‘let’s just debate people’s humanity’—that is the thing that is really making life hard for people,” they say.
Harris cannot unilaterally reverse the tide of anti-trans legislation in states; beyond her ability to affect policy areas like health and education, her greatest power lies in her words. “Laws and regulations are really important,” Braverman says, but “there needs to be more. There needs to be education, there needs to be understanding. There needs to be support from people in power.”
