Here are some of the federal actions we’re monitoring that impact our community.
U.S. Department of Education Office for Civil Rights (OCR)’s determination that five Northern Virginia school divisions are violating Title IX
On Friday, the Youngkin administration announced that the USDOE is targeting five Northern Virginia school districts for having trans-affirming policies that ensure safe & inclusive learning spaces for all students. This is a continuation of the Trump and Youngkin administration to score political points at the expense of the well-being of transgender and nonbinary students.
Equality Virginia remains in close contact with our partners at ACLU of Virginia as this unfolds.
US State Department Ordered to Start Issuing Gender Marker Updates on Passports
Why it matters: On his first day in office, Trump signed an executive order prohibiting trans and nonbinary Americans from updating their passport gender marker. Trans and nonbinary people shouldn’t be forced to carry IDs that jeopardize their safety and wellbeing, just to go about their daily lives.
What’s happening: On June 17, a federal court ordered the State Department to allow trans and nonbinary people to self-select their passport gender marker, and begin issuing updated passports to applicants. Although this order took immediate effect, the Trump Administration intentionally delayed its implementation. On July 2, the State Department finally issued guidance on how those seeking to update their passport gender marker can do so, opening access to trans and nonbinary people nationwide.
What’s next: Those interested in updating their passport gender marker can do so now, but will be required to submit an “Attestation Form” along with their application to indicate they are updating their gender marker in accordance with the court’s order. Since the legal landscape surrounding access to affirming passports could still evolve, the ACLU is encouraging those interested in updating their passport to initiate the process as soon as possible. For more information, visit the ACLU’s FAQs.
Supreme Court Decisions: US v. Skrmetti
Why it matters: ACLU and Lambda Legal challenged Tennessee’s ban on health care for transgender youth. At its core, this case was about whether transgender youth in Tennessee can access the same medical care that is commonly provided to cisgender youth–and whether their families can make healthcare decisions in consultation with medical professionals without the interference of politicians.
What’s happening: In a deeply disappointing decision, the Supreme Court elevated politicians over families, and upheld Tennessee’s law banning doctors from providing essential healthcare to trans youth. The Court’s ruling defies logic, finding that Tennessee’s law does not discriminate on the basis of sex or transgender status because it prohibits all minors from accessing hormone therapies to treat gender dysphoria, even though only trans people seek medical treatment for gender dysphoria. This ruling marks a dark chapter, but it’s not the end of the story, and one thing remains clear: We will keep showing up, speaking out, and fighting for a future where every child has access to the care, support, and dignity they deserve.
What’s next: This ruling has no immediate impact on Virginia law, does not require states to ban healthcare care for transgender youth, and still leaves important legal tools in place for the fights ahead. We will continue to fight back against discriminatory government policies and actions, and stand shoulder to shoulder with LGBTQ+ Virginians in condemning these attacks and taking care of each other.
Supreme Court Decisions: Kennedy v. Braidwood
Why it matters: This case challenged a requirement that healthcare plans cover recommended preventive services–including an HIV prevention medication–at no cost to patients under the Affordable Care Act (ACA).
What’s happening: In an important win for our community, the Supreme Court’s decision upheld essential protections for HIV prevention and other preventative healthcare services at no cost to patients under the Affordable Care Act. In addition, this ruling protects affordable access to a wide range of essential health services–including cancer screenings, heart disease treatments, and other preventative care measures that save lives and improve public health.
What’s next: We must remain vigilant. The Trump Administration has relentlessly attacked access to healthcare and defunded critical programs at every level of government. We will continue to fight for the rights of Virginians to receive the care they need without discrimination or financial barriers, no matter what the Trump Administration does next.
Supreme Court Decisions: Mahmoud v. Taylor
Why it matters: This case challenged whether the inclusion of LGBTQ+ storybooks in a public school curriculum without a notice-and-opt-out provision violates parents’ First Amendment religious freedom protections.
What’s happening: The Supreme Court’s decision–which found that not providing parents an opportunity to opt students out of public school curricula likely burdens parents’ religious freedom–could open the door for more school book bans, censorship, and exclusion of LGBTQ+ stories from classroom materials nationwide.
What’s next: In Virginia, we’ve seen how harmful book-banning policies can be. While this ruling does not have an immediate impact on Virginia, we remain committed to resisting censorship and are doubling down on our efforts to ensure every student can see themselves reflected in the books they read, not erased by fear-based policies driven by anti-LGBTQ+ extremism.
Supreme Court Decisions: Medina v. Planned Parenthood and CASA v. Trump
What’s happening: In Medina v. Planned Parenthood, the Supreme Court ruled that patients cannot legally challenge a state’s decision to exclude Planned Parenthood from its Medicaid program, undermining the rights of patients to see the provider of their choice. This decision creates a pathway for other states to pass laws excluding Planned Parenthood from their state Medicaid programs, even though at least 40% of Medicaid recipients rely on Planned Parenthood for essential care.
In CASA v. Trump, the Supreme Court’s decision makes it harder for federal judges to issue nationwide injunctions, which have been used to block harmful executive branch policies from taking effect across the country. This change means that policies like Trump’s attempt to end birthright citizenship–which prompted this Supreme Court case–could move forward while legal battles continue. It also opens the door for other controversial policies, previously blocked by judges, to be enforced in some parts of the country, while removing a critical tool used to stop or slow Trump’s agenda.
What's next: We will continue to monitor developments related to these decisions in Virginia and across the nation, so stay tuned for updates!
Trump Signs Destructive Budget Reconciliation Bill
What it does: Congress's Budget Reconciliation bill implements Trump’s agenda to expand tax breaks for the rich and ramp up deportation efforts by taking healthcare and food assistance away from millions of Americans. The original House version of the bill included sweeping attacks on medically-necessary healthcare for transgender people of all ages, by prohibiting health insurance coverage for transition-related services under Medicaid, CHIP, and private plans offered through Affordable Care Act exchanges.
What’s happening: Thanks to massive public outcry and strategic outreach by LGBTQ+ champions in Congress, Senate Republicans abandoned their cruel effort and removed the dangerous provisions attacking trans people of all ages. Despite sustained opposition to a deeply unpopular bill, Congress passed the bill, which the President signed on July 4.
There’s no sugar coating it–even with the removal of its explicit attacks on trans people, the budget reconciliation bill is still one of the most dangerous pieces of federal legislation ever signed into law. It puts countless lives at risk by ripping essential healthcare and food assistance away from tens of millions of Americans, and has already forced local hospitals and health centers dependent on federal funding to shutter. Its deep cuts to Medicaid threaten hard-fought progress on ending the HIV epidemic, and are so severe that those not enrolled in Medicaid will feel the impacts. It also defunds Planned Parenthood and sneaks in a “backdoor” abortion ban that blocks coverage through private insurance. These cuts to essential programs will disproportionately harm LGBTQ+ Virginians.
