In The 19th

Karla Jay remembers joining the second night of street protests during the 1969 Stonewall uprising in New York City. For her, and for so many other LGBTQ+ people, something had shifted: People were angry. They didn’t want things to go back to normal — because normal meant police raids. Normal meant living underground. It meant hiding who they were at their jobs and from their families. They wanted a radical change.  

Radical change meant organizing. Jay joined a meeting with the Gay Liberation Front, which would become the incubator for the modern LGBTQ+ political movement and proliferate in chapters across the country. At those meetings, she remembers discussing what freedom could look like. Holding hands with a lover while walking down the street, without fear of getting beaten up, one person said. Another said they’d like to get married. At the time, those dreams seemed impossible.

Jay, now 78, is worried that history will repeat itself. She’s worried that LGBTQ+ people will be put in the dark again by the draconian policies of a second Trump administration. 

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“We have forgotten that the laws are written to protect property and not to protect people. They’re written to protect White men and their property, and historically, women and children were their property,” she said. “To expect justice from people who write laws to protect themselves has been a fundamental error of the lesbian, gay, bisexual, trans community.” 

Intersex advocates say that they have been shut out of the conversations about gender and health in the United States and that the January 28 executive order has far-reaching consequences for intersex kids, not just because it allows dangerous surgeries to continue.

“None of the EOs mention intersex people specifically — they are systematically scrubbing mentions of intersex people from government websites,” the intersex rights group interACT wrote  in an email to community members.

Several hospitals and doctors have complied with Trump’s order, announcing in recent weeks that they have halted gender-affirming care, though some have resumed care based on ongoing litigation. In some cases, those same health centers that have stopped gender-affirming care have also largely continued to perform controversial sex-altering operations in the form of intersex pediatric surgeries, according to interACT.

Intersex advocates say that juxtaposition lays bare the hypocrisy of the order and those following it. It’s been “striking” to see those same health providers continue non-consensual intersex surgeries, said Sylvan Fraser Anthony, legal and policy director for interACT.

“Hospitals have been so reluctant — flat out refusing or taking years before issuing some partial policy about whether they’re going to be changing practices related to these non-consensual surgeries on intersex children,” Anthony said. “They’ve taken years, if not decades, to review those [policies] and most have not been responsive at all to calls to review and update their standards and their practices for intersex children to respect their bodily autonomy. Whereas they’re responding within a matter of days and weeks to this executive order when no one is making them — rushing to make policy moves that harm trans patients.”

In Austin, attorney Meghan Alexander used to receive maybe three calls a week about second-parent adoptions. The week after the election, she received 26. The calls and emails haven’t stopped.

“The advice is the same as it’s been for the last couple of decades, which is to do a second-parent adoption. Do not depend on the federal government or the gay right to marry to give you parental rights,” Alexander said.

Alexander recommends to her clients that parents get an adoption instead of a parentage order because in Texas, for example, parentage orders for LGBTQ+ families have not been thoroughly challenged in the court system, Alexander said, while adoptions have been upheld by the courts many times.

Adoptions are a popular option because they are also more commonly understood and “universally recognized” across states and countries, said Nancy Polikoff, professor emerita at American University Washington College of Law and an expert in LGBTQ+ family law. Still, it ultimately will depend on state laws and the parents’ preferences as to which avenue they pursue.

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“When we are looking at the possibility of cutting back on LGBT family recognition, states that are not inclined to recognize the legitimacy of parenting by LGBT people are going to be emboldened to deny that status whenever they can,” she said.

Polikoff said she does not believe that gay marriage will be overturned in the next four years, but what may be more likely to happen is that states and courts will try to cut back on some protections LGBTQ+ people have recently secured. Parenting relationships could become easy prey. 

It's intentionally the opposite of public safety. It's giving violent bigots carte blanche to assault any woman who doesn't meet their expectations of femininity. It's not designed to "work"; it's designed to sow chaos and fear.

These state bathroom bans provide few, if any details about how they would be enforced because they don’t need to — private citizens are often meant to be the enforcers, said Logan Casey, director of policy research at the Movement Advancement Project, a nonprofit that tracks LGBTQ+ legislation.

“The way that the laws are de facto enforced is often through the emboldening of private individuals to police other people’s bathroom use,” he said. “There’s no written enforcement because the proponents of these bills know that just by talking about this, let alone enacting these laws, that they are emboldening individual people themselves to enforce these bathroom bans.”

A recent example that takes this formula to an extreme can be seen in Odessa, Texas. A new expansion of the West Texas town’s ordinance allows individual citizens to sue transgender people caught using bathrooms that match their gender identity and seek “no less than $10,000 in damages,” per the Texas Tribune.

Deputizing private citizens to enforce this kind of law enables high rates of harassment and violence against transgender people as well as cisgender people, Casey said, particularly women who do not conform to traditional ideas of femininity.