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"This order will kill kids, there's no other way to say it," asserted one critic.
In his administration's latest attack on LGBTQ+ Americans, Republican U.S. President Donald Trump on Tuesday issued an executive order banning the federal government from supporting a wide range of gender-affirming healthcare for transgender youth.
Trump's order—titled "Protecting Children From Chemical and Surgical Mutilation"—states that the federal government "will not fund, sponsor, promote, assist, or support the so-called 'transition' of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit these destructive and life-altering procedures."
"Child" is defined in the order as anyone younger than 19—including 18-year-old adults. The directive covers treatments and procedures including gender-affirming surgeries, puberty blockers, and hormone replacement therapy. The ban will adversely affect people who rely upon federal programs including Medicare, Medicaid, and TRICARE, through which the Department of Defense provides health coverage for nearly 2 million youth dependents.
This order will kill kids, there's no other way to say it. It's the government forcibly taking control of the bodies of thousands of children.
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— Katelyn Burns (@katelynburns.com) January 28, 2025 at 3:19 PM
Furthermore, the order—which is almost certain to be challenged in court—places hospitals, clinics, and other providers of gender-affirming care at risk of losing federal funding.
"This executive order is a brazen attempt to put politicians in between people and their doctors, preventing them from accessing evidence-based healthcare supported by every major medical association in the country," Kelly Robinson, president of the LGBTQ+ advocacy group Human Rights Campaign, said in a statement. "It is deeply unfair to play politics with people's lives and strip transgender young people, their families, and their providers of the freedom to make necessary healthcare decisions."
"Questions about this care should be answered by doctors—not politicians—and decisions must rest with families, doctors, and the patient," Robinson added. "Everyone deserves the freedom to make deeply personal healthcare decisions for themselves and their families—no matter your income, zip code, or health coverage."
Trump made opposing rights for transgender people—especially children—a major part of his 2024 campaign, as it was during his first term.
The president's executive order claims that "medical professionals are maiming and sterilizing a growing number of impressionable children under the radical and false claim that adults can change a child's sex through a series of irreversible medical interventions."
"This dangerous trend will be a stain on our nation's history, and it must end," asserts the directive, which dubiously claims that "countless children soon regret that they have been mutilated and begin to grasp the horrifying tragedy that they will never be able to conceive children of their own or nurture their children through breastfeeding."
However, trans advocate Erin Reed pushed back, noting on social media that "detransition is rare, 1-4% in most studies, and regret even lower."
Furthermore, many doctors and medical experts agree that gender-affirming care saves the lives of trans youth, who are at higher risk of suicide and other self-harm, partly due to discrimination, bullying, and other societal pressures.
Trans people and their allies are already fighting back against Trump's policies. On Tuesday, half a dozen active-duty transgender U.S. troops and two people seeking to join the military sued to block a revival of the president's first-term ban on trans people enlisting in the armed forces.
The previous day, a transgender woman inmate in a federal women's prison sued the Trump administration over a recent executive order narrowly defining sex, arguing it is motivated by hate, violates the Constitution's ban on cruel and unusual punishment, and places her in mortal danger if she is transferred to a men's facility as ordered by the government.
In stark contrast with the direction in which Trump is steering the U.S., health officials in Thailand—which last year became the first nation in Southeast Asia to legalize same-sex marriage equality—this week announced a multimillion-dollar initiative to provide gender-affirming care for 200,000 transgender people in the country.
Thai Prime Minister Paetongtarn Shinawatra said last week that the marriage equality law, which went into effect this month, "marks the beginning of Thai society's greater awareness of gender diversity, and our embrace of everyone regardless of sexual orientation, race, or religion—our affirmation that everyone is entitled to equal rights and dignity."
"We do not need to spend almost a trillion dollars on the military, while half a million Americans are homeless and children go hungry," said Sen. Bernie Sanders.
The United States Senate overwhelmingly passed an $895 billion military funding bill on Wednesday as critics blasted what many called misplaced spending priorities and highly controversial provisions that ban gender-affirming health coverage for children of active-duty service members and prohibit the Pentagon from citing casualty figures issued by the Gaza Ministry of Health.
Senators voted 85-14 for the National Defense Authorization Act (NDAA) for fiscal year 2025. The following senators voted against the legislation: Tammy Baldwin (D-Wis.), Cory Booker (D-N.J.), Mike Braun (R-Ind.), Andy Kim (D-N.J.), Mike Lee (R-Utah), Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), Rand Paul (R-Ky.), Bernie Sanders (I-Vt.), Adam Schiff (D-Calif.), Debbie Stabenow (D-Mich.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), and Ron Wyden (D-Ore.). Sen. JD Vance (R-Ohio), the vice president-elect, did not vote on the bill.
"We do not need to spend almost a trillion dollars on the military, while half a million Americans are homeless and children go hungry," Sanders explained earlier this month.
The peace group CodePink said it was "disappointed" by the Senate's passage of the NDAA, "which allocates nearly $1 trillion in taxpayer dollars to weapons and warfare while essential services like healthcare, education, food, and housing remain underfunded."
"Half of the budget will go directly to the pockets of private military companies in the form of contracts and weapons deals," the group continued. "On top of the massive topline and the large allocation to private companies, the Pentagon has never been able to pass an audit. Much like every Pentagon budget before, this money will be largely unaccounted for, with very little transparency."
"This budget is a huge slap in the face to working-class families who are struggling to make ends meet," CodePink added.
An amendment introduced on Monday by Baldwin and co-sponsored by two dozen of her Democratic colleagues "to remove language that would strip away service members' parental rights to access medically necessary healthcare for their transgender children" failed to pass.
Speaking on the Senate floor on Tuesday, Baldwin said that Congress has "broken" its commitment to the troops "because some Republicans decided that gutting the rights of our service members to score cheap political points was more worthy."
"We're talking about parents who are serving our country in uniform, having the right to consult their family's doctor and get the healthcare they want and need for their transgender children," she added. "Some folks poisoned this bill and turned their backs on those in service and the people that we represent."
Olivia Hunt, director of federal policy at Advocates for Trans Equality, said in a statement Wednesday that "every military family deserves respect and access to essential healthcare—free from the interference of political agendas."
Hunt continued:
Denying lifesaving, medically necessary care to trans members of military families creates profound hardships, forcing service members to make impossible choices between their duty and the health and well-being of their loved ones. Politicizing access to evidence-based healthcare undermines the principles of fairness, dignity, and respect that our nation aspires to. No one should have to choose between their duty and protecting their family.
By passing this harmful legislation, the Senate has failed our service members and their families. This decision prioritizes political gamesmanship over the dignity, rights, and well-being of those who serve our nation and sets a dangerous precedent of governmental overreach into decisions that should remain between doctors and families.
Some advocates including Hunt want President Joe Biden to veto the bill.
"If signed by the president, the passage of the NDAA will mark the first piece of federal legislation to restrict access to medically necessary healthcare for transgender adolescents," Hunt added. "It would be heartbreaking for an administration that has sought to advance the rights of LGBTQI+ Americans more than any other to date, to enact a law that would endanger countless trans youth. We urge President Biden to take a strong stance for trans youth and their families and veto this bill."
Congress has passed the NDAA, which contained a provision banning the coverage of gender affirming care for the children of active duty military. This is the first anti-LGBTQ bill to pass congress in almost 3 decades but certainly won't be the last. This will be Biden's legacy.
— Alejandra Caraballo ( @esqueer.net) December 18, 2024 at 10:02 AM
Human Rights Campaign president Kelley Robinson said that "President Biden has the power to put a stop to this cruelty."
"He should make good on his promises to protect LGBTQ+ Americans, defend military service members and their families, and ensure this country's politics reflect the best of who we are," Robinson added. "President Biden must veto this bill."
The NDAA also contains a provision prohibiting the Department of Defense from officially citing "fatality figures that are derived by United States-designated terrorist organizations" or governmental entities or organizations that rely upon such data. Critics say the measure is meant to censor the truth about Israel's 14-month assault on Gaza, which has left more than 162,000 Palestinians dead, maimed, or missing. Various United Nations agencies, international charities and rights groups, and even the Israeli military and U.S. State Department have cited Gaza Health Ministry casualty figures, which have been deemed accurate—and likely an undercount—by experts around the world, including Israeli military intelligence and U.S. officials.
"In other words," Security Policy Reform Institute co-founder Stephen Semler said of the provision, "it's effectively a ban on talking about deaths in Gaza."
We have been seeing a concerning trend of companies, both large and small, scaling back or eliminating their DEI commitments out of fear. Instead, corporate leaders should stand up for their LGBTQIA+ employees.
Today, our nation celebrates National Coming Out Day. This October 11, you may see a wave of brave stories from your friends or family members, right along with messages of support from corporations touting their inclusive environments. It is a day when many of us in the LGBTQIA+ community choose to share our true selves with our loved ones, our community, our co-workers, and the world. And it serves as a reminder of the progress that has been made and how fortunate we are that so many can now feel comfortable to live openly and out loud.
After centuries of battles, whether that be on the streets outside Stonewall or in the courtrooms across our country, it is comforting to know that the efforts of our elders have helped to create a society where more people feel comfortable enough to live as their authentic selves.
Yet, the progress that we see today can, if we are not paying careful attention, belie the reality that our communities—and the progress we've made—continue to be under attack. Coming out is a deeply personal choice—a choice that becomes more difficult without cultural acceptance, and without the promises of security and protection we have increasingly begun to expect. But these hard-fought protections are, sadly, now being stripped away by the anti-DEI (Diversity, Equity, and Inclusion) movement and its pressure campaign pushing employers to backtrack on their commitment to inclusivity.
Now is the time to prove you respect your LGBTQIA+ employees as people, and that their personhood is not a fad that can be easily discarded when there is pushback.
Across the country we have been seeing a concerning trend of companies, both large and small, scaling back or eliminating their DEI commitments out of fear. One key measure of that is the number of companies withdrawing from participation in the Human Rights Campaign (HRC) Corporate Equality Index, a long-time and widely used measure of companies' commitment to respecting the rights of their LGBTQIA+ employees. To maintain the progress we've made, it is important that we recognize and push back on these attacks.
National Coming Out Day was created in 1988 to commemorate the first anniversary of the 1987 National March on Washington for Lesbian and Gay Rights. Inspired by the visibility of that event, the day was meant to encourage individuals to live openly and make themselves visible at home, at work, and in their local communities—demonstrating the strength of the LGBT movement and promoting acceptance. By 1993, the National Coming Out Day organization had merged with the Human Rights Campaign Fund. HRC's Corporate Equality Index later grew from this sentiment and was developed to push for a world where gay, lesbian, bisexual, transgender, and queer employees could be out at work without facing discrimination in hiring or on the job. This was a crucial tool for LGBTQIA+ employees at the time of its creation, and it still stands as an important resource for the community to this day.
When companies like Ford, Harley-Davidson, and Lowe's —all targeted by ultra-conservatives to sow division and fear—withdraw from participating in the Corporate Equality Index, they undermine a tool that has driven substantial progress for LGBTQIA+ employees over the past two decades.Today, the index is as crucial as ever. It's not just about acceptance or branded pride parade swag; it's about creating an environment where everyone—regardless of sexual orientation or gender identity—can thrive. And thriving requires that our laws and institutions guarantee that one's livelihood, healthcare, and chance for financial security are not put at risk by choosing to live openly and freely. LGBTQIA+ employees in many states are already feeling their human rights come under attack through hateful and discriminatory state laws. The last thing they need is to have their places of employment also turning their backs on them. How can individuals feel safe coming out when the very systems designed to protect them are under attack?
The rollback of DEI programs isn't just a moral issue; it's increasingly a legal one. Lawsuits have been filed against employers claiming that DEI initiatives that work to welcome and include people of color and LGBTQIA+ folks discriminate against white people and straight cisgender people. While these suits exploit existing tensions, they overlook an important fact—legal protections exist to support inclusive workplaces.
Under Title VII of the Civil Rights Act of 1964, employment discrimination in the United States on the basis of sexual orientation or gender identity is illegal. This was made clear in 2020 with the Supreme Court's decision in Bostock v. Clayton County. This legal framework provides a foundation for companies committed to true inclusivity and is the starting point for them to showcase an authentic commitment to equality.
To the corporate leaders reading this, now is the time to stand firm and hold strong in your values. It's easy to support diversity in times of peace, but it's during times of challenge that true commitment is tested. Companies who were early allies in the fight for equality are still remembered and respected to this day. Now is the time to prove you respect your LGBTQIA+ employees as people, and that their personhood is not a fad that can be easily discarded when there is pushback.There are legal protections to ensure your commitment to the principles of equality and inclusion are bolstered against this wave of divisive political agendas. And it is your duty to ensure DEI is cemented into your institution's core values.
National Coming Out Day is a celebration of courage. It is a reminder of the progress that has been made possible by that courage, and that every person deserves the right to live openly without fear of retribution or exclusion. But this can only happen in an environment where safety and acceptance are firmly rooted in our laws and our institutions. This October 11, let's reaffirm our commitment to equality and stand up to this hateful and divisive anti-DEI rhetoric.