Will trump take away gay marriage

Concerns that same-sex marriage could be under threat began to surface as well, especially after the U.S. Supreme Court, including -appointed justices, overturned the federal right. has made no secret of his anti-LGBTQ+ views - but can the 47th actually take away hard-fought LGBTQ+ rights?. So even in the worst case (and unlikely) event that the Supreme Court tried to undo its prior ruling on marriage equality, same-sex couples would be able to marry in some states, and their marriages would be respected by other states and by the federal government.

LGBTQ+ conservatives insist that supports same-sex marriage rights. But has he ever shown such support?. Panicked same-sex couples rushed to the altar at the end of to get married before and Republicans could possibly overturn same-sex marriage rights nationwide. Following the inauguration of in January , we witnessed a sustained, years-long effort to erase protections for LGBTQ people across the entire federal government.

While the Biden administration reversed many of those attacks, himself has promised to go even further if re-elected to the White House. Based on his own campaign promises — and the detailed policy proposals of Project — we can expect a future administration to deploy three tactics against LGBTQ rights. Our experts detail the threats a potential second administration poses to the LGBTQ community, particularly transgender people.

First, a new administration would reinstate and significantly escalate the removal of anti-discrimination policies. This could strip LGBTQ people of protections against discrimination in many contexts, including employment, housing, education, health care, and a range of federal government programs. Second, a new administration would not only roll back existing protections, but proactively require discrimination by the federal government wherever it can, including by banning transgender people from serving openly in the Armed Forces and blocking gender-affirming medical care for transgender people in federal health care programs such as Medicare.

The results would be devastating, as thousands of transgender people would immediately lose access to needed medical care. Third — and most ominously — if returns to the White House, we expect him to try to weaponize federal law against transgender people across the country. He plans to use federal laws — including laws meant to safeguard civil rights — as a cudgel to override critical state-level protections, arguing that state laws that protect transgender students violate the federal statutory rights of non-transgender students.

Additionally, a second administration would take the extreme position that the Constitution entitles employers to discriminate against LGBTQ people based on their religious beliefs, notwithstanding state nondiscrimination laws. And, shockingly, it would try to erase transgender people from public life entirely by using federal obscenity laws to criminalize gender nonconformity.

The ACLU will use every tool at its disposal to fight these dangerous plans, including taking the administration to court wherever we can.

With in office and a majority

Litigation will be essential, but it will not be enough. We will engage on every advocacy front, including mobilizing and organizing our network of millions of ACLU members and activists in every state to work to protect LGBTQ people from the dangerous policies of a second administration. As detailed below, many of the planned anti-LGBTQ policies of a second administration would violate the Constitution and federal law, such that litigation would be a significant part of our response.

The ACLU has prevailed on these fronts in the past, and we will continue to fight. We are clear-eyed about the challenging road we face in turning to the federal courts to stop these planned attacks on the LGBTQ community. Four years of the first presidency had an enormous impact on the courts, including the Supreme Court. Getting courts to understand the experience of transgender people and the impact of discriminatory policies on their lives was difficult even before reshaped the judiciary.

It is that much harder now. Fight back against bigotry, injustice and inequality. Make your donation to the ACLU today. Clayton County , U. Accepting the illegal and unconstitutional assaults on the LGBTQ community promised by a second administration without a legal fight is not an option. Below we discuss how the planned policies of a second administration are illegal and unconstitutional under any proper reading of precedent.

We anticipate that, in a second term, will attempt to carry out much of his sweeping, anti-LGBTQ policy agenda through executive actions. But this in no way eliminates the role for Congress to play in challenging these assaults. Legal and policy battles — even those that are unsuccessful in the short run — can serve to frame and focus fights over values in ways that are politically resonant in the long term.

Mobilizing public support on behalf of vulnerable children and youth — as the ACLU did in the context of family separation — will help deter further draconian policies and can help reshape the political narrative around transgender justice.

Just as the first administration did, a second administration would remove federal nondiscrimination protections by rescinding regulations and interpreting federal laws to eliminate such protections. This would strip LGBTQ people of nondiscrimination guarantees across a vast swath of federal government programs including Social Security, Medicare, and housing programs, as well as federal government employment.