What trans people and LGBTQ families need to do before Trump takes office
Last month in Atlanta, 136 trans and nonbinary people lined up at a free clinic for a crucial document: gender-affirming passports. The urgency wasn’t coincidental. Following Trump’s election victory and his promise to eradicate LGBTQ rights on his first day in office, trans Americans are racing to secure their legal documentation while they still can.
“The tsunami is coming,” said Toni-Michelle Williams, executive director of Solutions NOT Punishment Collaborative (SnapCo), the Black trans and queer-led organization that organized the clinic. “We are entering another scary time, but it’s been scary.”
The fears stem from Trump’s explicit agenda: He plans to ban gender-affirming care for youth, repeal Title IX protections for LGBTQ students, reverse non-discrimination policies, remove trans people from sports and military service, and push Congress to establish a permanent gender binary tied to sex assigned at birth.
For many in the trans community, the threat feels existential. This year already saw a record-breaking 669 anti-trans bills introduced nationwide, with 48 passing across 17 states. Now, advocacy groups and nonprofits are mobilizing to help community members secure documentation, healthcare, and safe haven before January.
“This clinic was about making sure that trans folks in Atlanta have access to basic yet essential identification needed to navigate their communities and the world more safely,” SnapCo. explained on their Instagram after the event, which was planned post-election.
One-off events like SnapCo.’s Free Passport Clinic are part of a growing wave of trans people’s mobilization to correct their legal documents, from passports to state IDs. “The tsunami is coming,” Williams told Reckon. “We are entering another scary time, but it’s been scary.”
Following Trump’s announcement to eradicate LGBTQ progress on his first day in office, many community members are mobilizing in anticipation of his return to the White House.
In January, the President-elect seeks to ban gender-affirming care for youth under the guise of “left-wing gender insanity,” repeal Title IX protections for LGBTQ students, reverse President Joe Biden’s non-discrimination policies for queer, trans and nonbinary people in all areas of federal law outside employment, remove trans people from sport participation and the military, and push Congress to pass a federal bill establishing a male and female gender binary—one that is assigned at birth and remains unchanged.
During his first term, Trump rolled back significant trans protections. His administration banned transgender people from military service in 2019, reversed healthcare discrimination protections under the Affordable Care Act, and eliminated housing protections for trans people in homeless shelters. The Department of Education also withdrew guidance protecting trans students’ rights to use bathrooms matching their gender identity. The military ban barred transgender individuals from joining the service before President Biden reversed it in 2021.
The future under a second Trump term and a Republican-majority government remains uncertain, advocates say.
Jeff Main, the executive director of Point of Pride, a nonprofit organization that serves the trans community through access to life-saving health and wellness services, tells Reckon that regardless of who had won the general election, many states were already restricting access to inclusive healthcare, public restrooms, and gender-affirming care. This year, Point of Pride launched the Thrive Fund, awarding grants to trans recipients seeking to update their legal documentation.
“The election results have brought a wave of despair and fear for many, especially for trans and gender-diverse individuals who are already among the most marginalized in our country,” he said, emphasizing the sharp increase in outreach from community members worried about their ability to access healthcare. “It highlights just how dire and urgent the need for advocacy, resources and support has become.”
Here’s what experts say trans Americans should prioritize:
Update legal documentation
Nonprofit social equality organization Advocates for Transgender Equality has a complete resources library for identification changes state-by-state. Trans Lifeline, a peer support and crisis hotline staffed entirely by trans operators, also has one. They also provide microgrants for transition-related expenses.
As a place to start, Main advises updating name and gender markers on IDs, which depends for each person based on their statutory laws about changing either markers. He adds that working with local legal aid organizations may expedite necessary changes.
Changing Social Security documents may be beneficial. While Social Security cards don’t show a gender marker, the administration keeps one on record for every person. Unlike passports and state IDs, there is currently no “X” option for nonbinary and gender-nonconforming people. To apply, fill out the SSA-5 forms, required for replacing or correcting Social Security cards, and provide proof of identity and citizenship or immigration status.
As for updating passports, the U.S. Department of State announced in 2021 that passport applicants could attest to their gender as M or F, just like Social Security gender marker changes. A court order to prove or change gender marker is not necessary, unless a name change is also needed.
The State Department added a nonbinary “X” option in 2022, though some countries do not accept X gender markers and may deny entry. Before relocating to a different country, consult their foreign embassy or U.S. Consulate to ensure passport requirements.
To apply for a passport for the first time, fill out the DS-11 forms. The State Department has a form filler for electronically filling out the forms, though it is not an official online application because it needs to be printed out and submitted. First-time passport applicants must apply in person.
The financial burden of document changes varies significantly by state and type of document. A legal name change alone can cost between $150 and $500 in court fees. Additional costs include:
- Birth certificate changes: $30 to $200 depending on the state
- State ID or driver’s license updates: $25 to $60
- Passport: $130 for first-time adult passports, plus $35 execution fee
- Social Security card replacement: Free for changes and corrections
Several organizations offer financial assistance. Point of Pride’s Thrive Fund provides grants specifically for documentation updates, while Trans Lifeline offers microgrants for transition-related expenses.
Expedite marriage and family plans
Under the Respect for Marriage Act, a 2022 law passed by Congress requiring states to recognize LGBTQ marriages that have already performed, marriage rights are not immediately threatened as the law applies even to marriages performed from out of state.
“If something changes in the future, there will still be time to get married,” Sarah Warbelow,vice president of legal for he Human Rights Campaign told the 19th last month. “That is not something the Trump administration has the power to undo it any immediate term.”
Several Supreme Court justices have expressed interest in overturning Obergefell v. Hodges, the landmark 2015 ruling granting federal marriage equality. Kierra Johnson, president of the National LGBTQ Task Force, says getting marriages now won’t hurt.
“I think people need to do everything they can to fortify their families and their finances, period,” she said, noting its applicability to marriages, adoptions, powers of attorney and wills.
Access healthcare needs
One of the threats made by Trump was his vow to cut off federal funding via executive order to health providers offering gender-affirming care to transgender people.
But experts told the 19th this would prove too complicated for his administration, because under the Supreme Court’s 2020 Bostock v. Clayton County decision, trans people are protected under the Constitution which ruled that gender discrimination and sex discrimination are the same. Legally, barring the rights of a trans person would apply to a cisgender counterpart.
Online forums show several trans people are stockpiling prescriptions in case they must manage their care on their own should Trump be successful in its efforts. Some are researching online or international pharmacies, with rare cases of synthesizing hormones on their own.
Since 2019, the World Health Organization has guidelines for self-care interventions that people can take on, which expanded in 2022 to include recommendations on self-managing trans-related healthcare.
“Ideally, gender-affirming hormone therapy would take place in the context of a supportive health system,” the guidelines read. “However, many transgender and gender-diverse individuals do not have access to such a supportive system. Instead, they may seek to access such therapy through friends, peers and the internet, without consulting a health worker.”
Organizations like the Transgender Law Center are offering to help trans Americans mitigate the legal risk of self-managing their care, having launched the Trans Health Legal Fund last year for trans people facing investigation, arrest or prosecution for seeking healthcare.
Seek safe-haven states
Many states have established “shield” laws to protect trans and nonbinary people fleeing for medical care, a response to the surge of anti-trans bills.
Safe-haven states have “shield” or “refuge” laws that strive to protect trans people seeking healthcare without legal repercussions, according to Movement Advancement Project (MAP). The nonprofit think tank that has analyzed gender-affirming care policies state by state.
A separate Reckon guide breaks down which states are safe to flee to, and to what extent.
SnapCo.’s Free Passport Clinic was one of many moments of mutual aid Williams anticipates needing. “This moment is requiring us to be different,” she said. “Keep dreaming and imagining yourself being alive, well, whole, and connected.”