After Trump: reversing course and rebuilding protections for LGBTQ+ rights
BY PATRICK TSAKUDA
The upcoming change in presidential administration in 2028 presents a significant opportunity for reestablishing LGBTQ+ rights. While recent policy rollbacks and conservative judicial appointments pose challenges, clear avenues for progress and reasons for optimism are emerging, pointing toward a more inclusive future.
Reversing Executive Actions: A Swift Path to Restoration
A new presidential administration, ideally one committed to compassionate and liberal ideals, will have the immediate power to dismantle many executive orders that have curtailed LGBTQ+ protections. These directives, which have targeted transgender rights, weakened non-discrimination policies, and eliminated Diversity, Equity, and Inclusion (DEI) initiatives, can be swiftly reversed.
New executive orders can affirm gender identity, ensure access to gender-affirming care, allow transgender individuals to serve openly in the military, and restore accurate gender markers on official documents. Policies promoting LGBTQ+ health equity, robust data collection, and comprehensive non-discrimination protections in healthcare and education can also be reinstated. A renewed commitment to DEI programs within the federal government will foster a more inclusive environment, and directives can actively counter censorship, ensuring LGBTQ+ themes are recognized and respected. The executive branch offers the most immediate means to reinstate federal protections and set an inclusive tone.
Navigating the Judicial Landscape: Opportunities for Affirmation and Evolution
While conservative judicial appointments present a long-term factor, progress is still possible within the legal system. Landmark Supreme Court rulings like Obergefell v. Hodges (same-sex marriage) and Bostock v. Clayton County (employment discrimination) remain powerful precedents. Future legal challenges can strategically:
Defend Existing Protections: Advocates can vigorously defend established LGBTQ+ rights against attempts to erode them.
Shape Future Interpretations: Through compelling arguments, the legal community can encourage courts to interpret equality and liberty in more inclusive ways.
Leverage Lower Court Successes: Dedicated legal efforts in appellate and district courts can still achieve favorable rulings, setting important precedents.
The judiciary is dynamic, and with persistent, strategic engagement, it can still be a powerful force for upholding and expanding equality.
Legislative Action: Building Momentum for Comprehensive Protections
Enacting comprehensive federal legislation like the Equality Act remains the most robust way to secure LGBTQ+ rights. While challenging, the landscape is evolving, offering renewed hope. Growing public support for LGBTQ+ non-discrimination protections provides a strong foundation for advocacy, creating pressure on lawmakers. Advocacy groups can continue to build broader coalitions, highlighting the benefits of inclusivity. Focusing on specific, broadly supported protections can also build momentum for more comprehensive legislation. Persistent advocacy, coupled with an increasingly supportive public and a potentially more amenable political climate post-2028, offers a pathway to future legislative breakthroughs.
Advancing State-Level Laws: A Multifaceted Approach
The proliferation of anti-LGBTQ+ state laws presents a challenge, but also diverse opportunities for impactful advocacy. Robust grassroots mobilization within states can effectively challenge discriminatory laws through direct action and public education. Strategic state court litigation can successfully overturn discriminatory laws, as demonstrated by victories against bans on gender-affirming care and restrictions on LGBTQ+ discussions in schools. Focusing efforts on state and local elections to elect pro-equality leaders can shift the political landscape. Advocates can also continue to work for the passage of inclusive state legislation, creating a growing number of inclusive states that serve as models.
In conclusion, while the journey to restore and expand LGBTQ+ rights after 2028 will require sustained effort, it is a path filled with tangible opportunities for progress. A new administration’s executive actions, strategic legal challenges, persistent legislative advocacy, and robust state-level organizing can collectively build a future where LGBTQ+ individuals enjoy full equality and protection.
The enduring resilience and unwavering commitment of the LGBTQ+ community and its allies will continue to be the driving force behind this vision.
