In an unprecedented and sweeping assault on hard-fought LGBTQ+ rights, President Donald Trump signed a series of executive orders in late January that dismantle protections for transgender and nonbinary Americans, restrict access to gender-affirming care, and roll back diversity, equity, and inclusion initiatives. The orders, signed within Trump’s first two weeks back in office, mark a dramatic escalation in his administration’s efforts to erase trans identities from federal recognition. Now, LGBTQ+ advocates and legal experts are mobilizing to fight back.
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As Trump floods the country with executive orders targeting LGBTQ+ rights—particularly those of transgender people—Lambda Legal CEO Kevin Jennings is ready for the fight. In a conversation with The Advocate, Jennings, who is not a lawyer, outlined the implications of these policies, Lambda Legal’s legal strategy, and what affected people can do in response.
A legal battle against erasure
“We have an administration that is literally trying to erase trans people out of existence,” Jennings said. He pointed out that Lambda Legal had anticipated these actions and started planning in July last year in case of a Trump victory.
Since taking office, Trump has issued a series of executive actions that target transgender people and diversity, equity, and inclusion programs. His first executive order rescinded protections for LGBTQ+ people in federal employment and education. He reinstated moves to ban transgender people from serving in the military, eliminated DEI training requirements across all federal agencies, and barred federal funds from supporting any institution or initiative that recognizes gender identity as distinct from the sex assigned at birth. His administration also directed federal agencies to purge references to gender identity from government websites and documents.
Jennings revealed that Lambda Legal is filing three lawsuits in the coming weeks: one against the reinstated trans military ban, one challenging an executive order that effectively denies the existence of trans people, and one contesting the prohibition of diversity, equity, and inclusion programs.
“We’ve seen this movie before,” he said. “We sued the Trump administration 14 times during his first presidency and won 12 of those cases—an 86 percent win rate. We’ve been preparing, and we’re ready.”
The ‘shock and awe’ strategy
Jennings likened Trump’s approach to governance to a military strategy designed to overwhelm and demoralize opponents. “It’s a definite strategy reminiscent of the Iraq War strategy called ‘shock and awe.’ The idea is to overwhelm us,” he said.
However, he made clear that Lambda Legal was prepared. “At Lambda Legal, we knew this was coming. So we have neither been shocked nor awed by what’s happening.”
Yet, Jennings noted a worrying trend in how the community is responding. “When I travel and talk to people, I hear two emotions—one of which I understand, and one of which I reject. The first emotion is depression. People are depressed because of all this hatefulness. The second is resignation, which is when people feel there’s nothing they can do. That’s wrong.”
He pointed to history as evidence that activism and legal battles lead to progress. “When Lambda Legal was founded in 1973, it was illegal to be gay in 43 states, including the state we were founded in—New York. However, the founders of Lambda Legal had a vision that things could move from being outlawed to being in-laws, and it took us 42 years. It took us 30 years to strike down sodomy laws in Lawrence v. Texas and 42 years to win marriage equality in Obergefell v. Hodges. If history teaches us anything, it’s that fighting back works.”
Jennings said the ultimate goal of Trump’s strategy is to create a sense of hopelessness within the community. “That’s the goal. As Harvey Milk said, you’ve got to give them hope. Once we lose our faith that America can be better, we’ve lost everything. We’ve lost the battle.”
Hospitals and fear-based compliance
Jennings expressed deep frustration over hospitals preemptively cutting off gender-affirming care due to fear of legal repercussions. “It is profoundly disappointing to see, not just in Virginia, but in so-called liberal havens like New York, that they’re already doing it. They’re surrendering before the first shot in the war has been fired,” he said.
Multiple hospitals nationwide have halted care in response to Trump’s executive order, even though no federal law requires them to do so. Denver Health and the University of Colorado Health have stopped gender-affirming surgeries for patients under 19. Lurie Children’s Hospital of Chicago is reviewing its gender care services, while Virginia Commonwealth University and Children’s Hospital of Richmond have suspended medications and surgeries for minors. The University of Virginia Health has halted all gender-affirming care for those under 19, maintaining only appointments for discussing alternative options. Children’s National Hospital in Washington, D.C., stopped issuing prescriptions and refills for patients, and NYU Langone in New York City has also reportedly canceled appointments, sparking protests outside the hospital.
Jennings said NYU’s decision particularly angered him. “As an alum, I am pissed,” he said bluntly.
Jennings called on medical professionals to stand firm in their commitments. “I thought the Hippocratic Oath’s words were ‘first, do no harm.’ This is doing harm. It goes against the oaths you have taken as medical professionals. So stop it.”
On Tuesday, the American Civil Liberties Union announced that a coalition of LGBTQ+ advocacy groups and affected individuals filed aawsuit challenging Trump’s executive order on gender-affirming care for minors. The case, filed in the U.S. District Court for Maryland, argues that the orders illegally deny transgender people access to federally funded health care and violate constitutional protections. Plaintiffs include PFLAG GLMA: Health Professionals Advancing LGBTQ+ Equality and families with trans youth affected by the sudden loss of care. The lawsuit seeks an injunction to block enforcement of the order.
The Supreme Court, mixed messages, and legal documents
While executive orders have some legal weight, Jennings pointed to the upcoming Skrmetti case as a crucial test of the judiciary’s stance on transgender rights. “The last time the Supreme Court considered an LGBTQ issue was Bostock v. Clayton County in 2020. It ruled 6-3 that you could not fire people based on their orientation or gender identity. For them to go back and repudiate something they’ve just written five years ago would be highly unusual,” he said. “We will know more when the Skrmetti ruling comes down, and that will be a very telling moment.”
Chase Strangio, a transgender lawyer for the ACLU, argued the case in December, and the justices are expected to rule before the end of their term in June.
For transgender Americans seeking to update their identity documents, Jennings acknowledged that it may now be too late to obtain new documents that accurately reflect their gender identity until a court intervenes. With federal recognition of trans and nonbinary identities revoked, agencies that rely on federal guidelines may deny changes to passports, Social Security records, and other legal identification.
Lambda Legal CEO says, ”We need plaintiffs”
Jennings urged those impacted by the executive orders to contact Lambda Legal’s national legal help desk, which licensed attorneys staff. “If you’re experiencing mistreatment or have questions, go to the help desk. Go ask.”
He noted that the number of calls to the help desk tripled in January. “We don’t have more attorneys, so we may be a little slower than usual,” he said, “but another thing about calling the help desk is we need plaintiffs. We can’t just say this law is bad. You have to have someone who has been harmed by a law to challenge it.”
With legislative and executive power currently out of reach, Jennings emphasized that the judiciary is the last line of defense. “We have lost the executive. We have lost the legislative. Our only hope is the judicial branch,” he said. He pointed out that 56 percent of sitting federal judges were appointed by Democratic presidents, suggesting the courts remain a viable path to challenging these policies.
How to stay engaged
Jennings offered advice to those struggling to process the flood of attacks. First, ration your news consumption. “If you’re doomscrolling 24 hours a day, you’re just going to go down the rabbit hole.” Second, look for the helpers. “Mr. Rogers said that in any crisis, look for the helpers. Right now, Lambda Legal is running toward the fire, not away from it.” Third, take action. “Do something—whether it’s testifying before your state legislature or just sending a postcard to your congressperson. What they want is for you to feel powerless. Don’t give them that.”
Despite the challenges ahead, Jennings is steadfast in his resolve. “You still have your rights,” he reassured those impacted. “And as for Trump, he will see us in court.”