Democrats haven’t yet won control of Congress, but their retreat on trans rights is already underway

Democrats are increasingly confident that an economic message can help them win control of Congress on Election Day. But as they weigh what a majority would make possible, they are divided over how to approach transgender rights.

Throughout the 2026 midterm election cycle, Republicans have often resorted to anti-trans attacks, returning to a message many believe helped Donald Trump win back the White House in 2024.

If Democrats prevail next week, some in the party want Congress to act to protect LGBTQ+ rights.

Related: A Republican in your bathroom? New ad highlights GOP’s anti-trans obsession

“We need to have an affirmative platform that protects and expands rights for LGBTQ people,” Sen. Ed Markey, a Massachusetts Democrat, told Politico.

Markey this year fought off a Democratic primary challenge from Rep. Seth Moulton, who spent much of the race distancing himself from past comments blaming transgender athletes for Democrats ‬losing in 2024.

Other Democrats in competitive Senate races have distanced themselves from previous support for trans rights.

Related: Democrats keep asking trans people for money. We’re asking for a backbone

In Texas, Senate candidate James Talarico, a Democrat leading Republican Attorney General Ken Paxton in the polls, has expressed conditional support for restricting trans girls and women from girls’ and women’s sports “if it endangers safety or fairness.” He also said he would support a ban on gender-affirming surgery for minors and has avoided answering whether he would support the Equality Act.

In South Carolina, Democrat Annie Andrews has made a Senate race in the traditionally red state competitive as she runs against Republican Sen. Darline Graham, sister of the late Lindsey Graham, who admitted during a debate that she was unprepared for foreign affairs matters. But as the race became more competitive, Andrews adopted anti-trans rhetoric, including referring to trans women as “biological men.”

To win control of the Senate, Democrats would need to flip Republican-held seats in red states. Their prospects for taking the House are widely considered stronger.

Related: Human Rights Campaign president to Dems caving on trans rights: ‘You’re doing too much and getting too little’

But Democrats who see an economic message as their path to victory argue that pocketbook issues must remain the caucus’s priority if they win. They warn that a different focus could give Trump another opening to attack Congress with anti-LGBTQ+ rhetoric.

“The American public is going to want to see our caucus focus on costs as long as he continues to affect the markets negatively with his tariffs and wars,” Texas Democratic U.S. Rep. Marc Veasey told Politico.

Progressives, meanwhile, want to challenge Trump policies targeting trans Americans, including an administration push to seize private medical records of patients receiving gender-affirming care.