Transgender individuals deserve equal legal rights and freedoms. This guide shares information regarding transgender legal rights in the United States.
Interested in legal rights in other countries? Check out our travel guides on China and Indonesia.
Table of Contents
- Understanding the Language: Beginner LGBTQIA+ Legal Glossary
- International Transgender Rights: Knowing Your Global Legal Protections
- US Federal Civil Rights: Federal Protections for Transgender Individuals
- 🏳️🌈 Same-Sex Activity Protections: Lawrence v. Texas & Sodomy Laws
- 💍 Marriage Equality Protections: Obergefell v. Hodges & Respect for Marriage Act
- ❤️🩹 Transgender Domestic Violence Protections: VAWA Regulations & Shelter Rights
- 🧒 Transgender Youth Consent Protections: State Statutory Laws & Federal Jurisdictions
- 👨👩👧👦 Transgender Parental & Family Protections: Marital Presumption & State Adoption Laws
- 🗣️ Transgender Free Expression Protections: Executive Order 14168 & The Miller Test
- 🎭 Transgender Performance Protections: Anti-Drag Legislation & Executive Order 14168
- 🎒 Transgender Student Protections: Executive Order 14168 & The Equal Access Act
- 💼 Transgender Workplace Protections: Title VII Regulations & Bostock Precedent
- 🪖 Transgender Military Service Rights: Executive Order 14183 & Selective Service Regulations
- 🏠 Transgender Housing Protections: The Fair Housing Act & HUD Regulations
- 🔒 Transgender Inmate Protections: Executive Order 14168 & PREA
- ⚖️ Transgender Hate Crime Protections: The Matthew Shepard Act & State Jurisdictions
- 🙅 Transgender Conversion Therapy Bans: State Consumer Protections & Federal Gaps
- 📜 Transgender Civil Rights Exemptions: First Amendment Claims & RFRA Statutes
- 🚽 Transgender Bathroom Protections: Public Accommodation Laws & Title IX Frameworks
- ✈️ Transgender Travel Protections: Passport Gender Markers & TSA Protocols
- 💊 Transgender Healthcare Protections: ACA & State Sanctuary Laws
- 🧬 Intersex Bodily Protections: ACA Regulations & Statutes
- 🩸 HIV/AIDS Medical Protections: The Americans with Disabilities Act & Federal Care Statutes
- 💉 Transgender Blood Donation Protections: Individual Donor Assessments & FDA Guidelines
- 🆔 Transgender Identity Documentation: Federal Self-Attestation & State Vital Records Laws
- 👟 Transgender Athletic Protections: Title IX Frameworks & State Participation Bans
Understanding the Language: Beginner LGBTQIA+ Legal Glossary
If there’s one thing people can agree on regarding the law, it’s that the legal system uses many confusing words with zero context for everyday people. Here are the top terms lawyers and legal experts want you to know.
Plaintiff
An individual or group that INITIATES legal action through a lawsuit, claim, or complaint against someone else.
It is the plaintiff’s job to present the case, evidence, and potential legal remedy. Plaintiffs bear the “burden of proof,” meaning they must demonstrate that the DEFENDANT is responsible.
Plaintiffs are in CIVIL cases, which revolve around money, injury, and personal rights. Criminal cases are led by government entities through PROSECUTORS rather than plaintiffs. In other words, anyone can take a case to civil court and be a plaintiff; only people officially representing the government (ex. “The United States of America,” “The State of Ohio”) can lead criminal cases.
Defendant
An individual or group that a lawsuit has been filed AGAINST because someone else has filed legal action against them.
Defendants exist in both civil and criminal cases. Defendants must defend themselves in court to undermine a plaintiff or prosecutor’s allegations.
Jurisdiction
The authority of a judge, court, or law based on geographic location, subject matter, or parties involved.
GEOGRAPHIC JURISDICTION is based on the physical boundaries of a law or court. Courts in Florida have authority to pass judgment on Florida law, but they don’t have authority to pass judgment on cases in Georgia. The legal system is separated into broad categories:
- International classification applies to all countries, typically judged at the International Court of Justice.
- Federal classification applies to every region within the United States.
- State classification applies to all regions with an applicable state or territory.
- Local classification applies to individual districts, further separating into counties, towns, and even neighborhoods.
SUBJECT-MATTER JURISDICTION is based on the subject matter a court case is about. Two courts may share geographic jurisdiction but have separate subject-matter jurisdiction because specific courts exist for different aspects of the law. Family courts can’t pass judgment over intellectual property cases and vice versa.
PERSONAL JURISDICTION applies when individuals break a law by exiting a geographic jurisdiction to commit a grievance. Prosecutors must prove they have a right to pursue personal jurisdiction cases beyond geographic boundaries. Personal jurisdiction is most commonly used to penalize individuals traveling across state lines for abortions or gender-affirming care.
ORIGINAL/APPELLATE JURISDICTION refers to the authority a court has based on the legal process. In ORIGINAL JURISDICTION, judgment authority is given to courts first hearing a case; in APPELLATE JURISDICTION, judgment authority resides with courts reviewing previous decisions by lower courts. Appellate courts may reverse cases or require a retrial if they believe something went wrong in the original trial, but they cannot judge cases on their own.
Due Process
The minimum legal requirement that legal systems must provide to ensure fair and impartial decisions.
In the United States, due process means individuals do not lose their right to life, liberty, or property without a fair hearing. Individuals must be given the opportunity to present evidence, confront evidence, and have legal representation.
Discovery
The process where parties involved in a lawsuit exchange evidence related to the case.
Within the pre-trial phase of a lawsuit, both sides are entitled to gather and review facts, documents, and testimonies for their argument. Evidence gathered must be shared with both sides to ensure a fair and transparent case.
Precedent
A legal decision that sets a standard for future similar cases.
Precedents apply to common law systems like the United States. Courts are still allowed to make decisions different than previous precedent, but they must argue WHY they are choosing to rule differently. Precedents create a foundation to establish consistency and predictability.
Statute of Limitations
The time limit for a legal claim must be filed to be considered a valid lawsuit. Claims have an expiration date, determined by subject matter, jurisdiction, and law.
Individuals have a maximum amount of time to file for alleged harm, or risk their claim being forfeited. Statutes of limitations exist to provide certainty and finality to the law since evidence becomes muddied as time passes.
Pro Bono
Legal services provided for free or at a reduced rate.
Pro bono work is performed by attorneys seeking to provide legal aid to individuals who cannot traditionally afford it, especially common in workers’ rights, immigration, civil rights, and criminal defense. It is encouraged by most legal organizations and bar associations because it benefits the common good to allow experts to give back to their communities.
Not enough legal jargon for you? The Administrative Office of the United States Courts maintains an extended glossary of legal words.
International Transgender Rights: Knowing Your Global Legal Protections
All humans are entitled to rights outlined by the Universal Declaration of Human Rights and the International Bill of Human Rights.
Infringement of these rights is pursued by the International Criminal Court when they cannot be handled by individual countries. Learn more about human rights in our beginner allyship guide.

Even though the United States is a member of the United Nations, it has only agreed and ratified FIVE human rights treaties:
- The Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
- The International Convention on the Elimination of All Forms of Racial Discrimination
- The International Covenant on Civil and Political Rights
- The Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict
- The Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography
The United States has SIGNED but not fully ratified the following:
- The International Covenant on Economic, Social, and Cultural Rights
- The Convention on the Elimination of All Forms of Discrimination Against Women
- The Convention on the Rights of the Child
- The Convention on the Rights of Persons with Disabilities
The United States has refused to sign any other international agreements regarding human rights. This is one reason why international courts have accused the United States of a growing list of human rights violations.
How to File an International Human Rights Violation Complaint
Anyone can file a formal complaint with the United Nations. If you believe any of your international rights have been violated, you’re entitled to file.
Filing formal complaints is the first step to creating documentation, proving that wrongdoing is occurring. The legal world is bureaucratic, so filing is crucial to bring the United Nations’ attention. The United States is one of many countries that want to erase all history of wrongdoing, but the United Nations has a long list.
Formal complaints are followed as long as your country is a member of the United Nations. The United Nations treats all complaints equally; it doesn’t matter if they have ratified or signed a specific treaty you’ve accused them of violating. 193 countries currently hold membership in the United Nations, making them applicable to this process.
US Federal Civil Rights: Federal Protections for Transgender Individuals
Federal laws apply throughout the ENTIRE United States, regardless of state or territory. There is no singular list because hundreds of federal laws are passed every year, making it difficult to track.
The following are rights established by the United States Constitution. Every individual within the United States, regardless of citizenship, is entitled to these rights.
Freedom of Religion
The government shall never establish an official state religion. All individuals may freely practice faith (or lack thereof) without government interference.
The separation of church and state ensures the government cannot endorse, favor, or financially sponsor any particular religion.
While individual religious practices cannot break laws intended to protect public health or safety, this freedom protects one’s right to dress, eat, and pray as they wish. Private employers and businesses cannot discriminate or refuse individuals based on religious belief.
Applicable Examples: Engel v. Vitale | Kennedy v. Bremerton | Masterpiece Cakeshop v. Colorado
Established By: First Amendment | Title VII of the Civil Rights Act of 1964 | Fourteenth Amendment
Freedom of Speech
The United States guarantees individuals’ right to express opinions, ideas, and beliefs without government censorship, retaliation, or restraint. Protected forms of expression include spoken words, written text, symbolic actions, and artistic expression.
Individuals possess a right to information. The government may not restrict rights to receive information, even if that information is illegal in its jurisdiction.
The government MAY restrict the following forms of expression:
- Speech that is intended or likely to provoke imminent lawless action or violence.
- Speech that intentionally falsely damages the reputation of another person.
- Speech that is highly explicit and lacks serious literary, artistic, political, or scientific value.
The government may also enforce regulations regarding when, where, and how speech occurs. However, these regulations must be reasonable and viewpoint-neutral.
Individuals possess both the right and responsibility of expression. It does NOT protect individuals from societal consequences of speech, including those imposed by private employers, landlords, and social media.
Applicable Examples: Texas v. Johnson | Brandenburg v. Ohio | Tinker v. Des Moines | Bigelow v. Virginia
Established By: First Amendment | Fourteenth Amendment
Freedom of the Press
The government cannot interfere with individuals’ right to publish news, opinions, or information. Individuals cannot be punished for investigating or reporting on controversial or uncomfortable topics.
The government MAY restrict the press in:
- Sensitive information IF a direct, immediate, and irreparable threat to national security can be demonstrated.
- Speech that is intended or likely to provoke imminent lawless action or violence.
- Speech that intentionally falsely damages the reputation of another person.
- Copyright laws that protect other publishers’ work.
- Privacy laws that forbid the release of the identities of crime victims and minors.
- Information that impairs an individual’s right to a fair trial.
Applicable Examples: New York Times Co. v. United States | New York Times Co. v. Sullivan | Miami Herald Publishing Co. v. Tornillo
Established By: First Amendment | Fourteenth Amendment
Freedom of Assembly
Individuals maintain the right to gather peacefully in public and private spaces to express ideas.
The United States government cannot penalize individuals for unpopular causes, nor can it restrict individuals’ right to associate with any group. The government cannot restrict assembly because opposing groups may become hostile.
Assembly is only protected under federal law if it is peaceful. The United States may intervene in rioting, property destruction, and violence.
The government may also enforce regulations regarding when, where, and how speech occurs. However, these regulations must be reasonable and viewpoint-neutral.
Applicable Examples: Hague v. Committee for Industrial Organization | De Jonge v. Oregon | NAACP v. Alabama
Established By: First Amendment | Fourteenth Amendment
Freedom of Petition
All individuals are entitled to peacefully communicate with the government regarding policies and concerns. Individuals reserve this right at all government levels, including federal, state, and local districts.
People have the right to directly communicate with their government, which includes written letters, phone calls, emails, and physical meetings. People also possess the right to testify at public hearings, speak at government meetings, and file public complaints. Individuals may also gather signatures for ballot initiatives, referendums, and recall elections.
Individuals are entitled to hire others to present their views to government officials via lobbying. The government may also be held responsible through litigation lawsuits filed by citizens to challenge unconstitutional laws.
The government is obligated to accept and review all communication submitted, BUT it is not obligated to agree or act upon these requests.
Applicable Examples: Eastern Railroad Presidents Conference v. Noerr Motor Freight | California Motor Transport v. Trucking Unlimited | Gonzalez v. Trevino
Established By: First Amendment | Fourteenth Amendment
Freedom to Own Weapons
Individuals possess a fundamental right to own and carry weapons. The government cannot infringe on one’s right to own firearms for self-defense purposes.
The government MAY enforce regulations surrounding the possession and use of weapons. The following are common regulations:
- Convicted felons are prohibited from owning firearms.
- Individuals with certain mental health conditions, such as being declared insane or incompetent to stand trial, are prohibited from owning firearms.
- Firearms cannot be freely carried in specific locations, such as government buildings, schools, and airports.
- Particularly dangerous weapons (machine guns, sawed-off shotguns) may be prohibited entirely.
- States may enforce background checks, licensing, and mandatory waiting periods for firearm purchases.
Individuals are entitled to carry firearms in public spaces, although the government may regulate open and concealed carry.
Applicable Examples: District of Columbia v. Heller | New York Rifle & Pistol Association v. Bruen | United States v. Rahimi
Established By: Second Amendment | Fourteenth Amendment
Freedom From Quartering
The government is prohibited from forcing individuals to house military personnel in private homes during times of peace.
Forced lodging of military personnel in private homes CAN be enforced if mandated by legislation during wartime.
Applicable Examples: Engblom v. Carey | Youngstown Sheet & Tube Co v. Sawyer
Established By: Third Amendment | Fourteenth Amendment
Freedom from Unreasonable Search
All individuals are protected from unreasonable search and seizure. The government must present a warrant based on probable cause to search one’s physical body, homes, documents, digital data, and personal property.
The government MAY search without a warrant in the following scenarios:
- An individual has given voluntary consent to be searched without a warrant.
- Illegal items are openly visible to an officer.
- Vehicles believed to have contraband parked outside of a private home.
- Imminent destruction of evidence is likely.
- An individual is being arrested and a search of the immediate surroundings will ensure officer safety.
Applicable Examples: Terry v. Ohio | Carpenter v. United States | Mapp v. Ohio
Established By: Fourth Amendment | Fourteenth Amendment
Freedom to Fair Trial
All juries must fairly represent their communities and cannot exclude members based on race or gender. Juries must be impartial and not possess any conflicts of interest, deep-seated beliefs, or biases that would interfere with their ability to judge the defendant fairly.
Power in courts must be divided equally: judges determine what evidence is admissible and ensure fair trials; juries evaluate evidence and witness testimonies; and appellate courts review previous judges’ decisions.
When accused of violating criminal law, all individuals possess the following rights:
- Protection from being tried more than once for the same crime.
- Protection from testifying against themselves.
- Protection from testimonies from witnesses one cannot cross-examine.
- Protection from excessive bail or fines.
- Protection from cruel and unusual punishment.
- Public and speedy trials that cannot be delayed without a continuance.
- Legal counsel from a licensed attorney, even if they cannot afford it, including in pre-trial police interrogations.
- Knowledge of the crime they are being accused of committing.
- Indictment by a grand jury of one’s peers when accused of a capital or infamous federal crime.
Applicable Examples: Miranda v. Arizona | Benton v. Maryland | Gideon v. Wainwright | Batson v. Kentucky | Barker v. Wingo | Crawford v. Washington | Timbs v. Indiana | Weems v. United States | Furman v. Georgia
Established By: Fifth Amendment | Sixth Amendment | Seventh Amendment | Eighth Amendment | Fourteenth Amendment
Freedom to Life, Liberty, & Property
The government cannot deprive individuals of life, liberty, or property without due process of the law. One’s rights cannot be infringed without proper, fair, and established legal procedures.
While the government reserves the right to take private property for public use, it must provide individuals with just compensation for fair market value.
Individuals hold a fundamental right to privacy.
People have a right to travel freely between states and territories.
Applicable Examples: Loving v. Virginia | Dobbs v. Jackson Women’s Health | Obergefell v. Hodges | Hawaii Housing Authority v. Midkiff | Kent v. Dulles | Aptheker v. Secretary of State
Established By: Fifth Amendment | Ninth Amendment | Fourteenth Amendment
Freedom from Slavery
Individuals are protected from involuntary servitude within the United States, except involuntary servitude as a punishment for a convicted crime.
Applicable Examples: United States v. Kozminksi | Jones v. Alfred H Mayer | Bailey v. Alabama
Established By: Thirteenth Amendment | Fourteenth Amendment
Freedom to Citizenship & Equality
All individuals born within the jurisdiction of the United States are citizens entitled to all privileges and immunities associated with United States citizenship.
Individuals have the right to apply for United States citizenship if they qualify based on statutory criteria.
The government may not deprive citizens of life, liberty, or property without due process; all citizens must be treated equally under the law.
Applicable Examples: United States v. Wong Kim Ark | Brown v. Board of Education | Loving v. Virginia
Established By: Fourteenth Amendment | Immigration and Nationality Act
Freedom to Vote
All United States citizens possess the right to vote, regardless of race or gender, as long as they are at least 18 years old. HOWEVER, the government may restrict an individual’s right to vote if they have been convicted of a felony or ruled mentally incapacitated.
Citizens retain their right to vote via absentee ballots, although their right to absentee voting is determined by individual states.
The government may not impose any tax associated with voting.
Applicable Examples: Guinn v. United States | Allen v. Milligan | Harper v. Virginia Board of Elections | Oregon v. Mitchell | Symm v. United States
Established By: Fifteenth Amendment | Nineteenth Amendment | Twenty-Fourth Amendment | Twenty-Sixth Amendment
Freedom to Hold Office
All United States citizens possess the right to hold public office or serve in Congress as long as they meet minimum statutory requirements, such as age and residency, UNLESS they have engaged in an insurrection or rebellion against the United States.
Applicable Examples: Powell v. McCormack | Chiafalo v. Washington | Trump v. Anderson
Established By: Article 1 | Article 2 | Fourteenth Amendment
Rights explicitly granted through the Constitution have the greatest authority; the Constitution is used to determine whether other laws, ordinances, and orders created are legal. One of the Court’s primary duties is to determine constitutionality, rendering unconstitutional items void.
- The Constitution holds the greatest power to determine legal rights.
- Supreme Court decisions hold the second-greatest authority.
- Federal laws passed by Congress hold third-place authority.
- Presidential executive orders hold the fourth-greatest authority; a President’s order can never override Congressional law, Supreme Court decisions, or the Constitution.
- State laws’ power follows all federal authority.
- Individual districts, such as townships and school boards, hold the least authority.
Amendments, or official revisions, of the Constitution are possible, albeit difficult. Amendments require a two-thirds majority vote in Congress, followed by ratification by three-fourths of all US states.
Given the power of the Constitution, an Equal Rights Amendment has been proposed since 1971. While federal laws exist to protect individuals’ rights, an Equal Rights Amendment would cement these beyond overturns like Roe v. Wade.
| Legal Category | Status | Excerpt |
|---|---|---|
| Same-Sex Activity | ✔ Decriminalized | Consensual same-sex sexual activity was federally decriminalized in 2003. |
| Marriage Equality | ✔ Protected | Queer marriage has been federally legalized in the United States since 2015. |
| Sexual & Domestic Violence | ⚠ Variable | All states provide equal access to services, regardless of identity, despite FR-6518-P-01. |
| Age of Consent | ✔ Equal | All US states have an equal age of consent for both heterosexual sex and queer sex. |
| Parental Rights | ⚠ Variable | Adoption laws are not federally aligned; regulations vary heavily by state. |
| Censorship | ⚠ Variable | Order 14168 federally censors LGBTQIA+ topics, especially transgender identities. |
| Drag Performance | ⚠ Variable | Order 14168 federally censors LGBTQIA+ topics, especially transgender identities. |
| Education | ⚠ Variable | Transgender students possess many rights despite attacks from the Trump-Vance administration. |
| Employment | ✔ Protected | All individuals are protected from anti-LGBTQIA+ discrimination in employment. |
| Military Service | ✘ Banned | The Trump-Vance administration has banned transgender people from serving in any capacity within the United States military. |
| Housing | ✔ Protected | HUD currently prohibits anti-LGBTQIA+ housing discrimination. |
| Prisons | ⚠ Variable | Inmates retain the least amount of protected rights. Ongoing lawsuits protect transgender inmates. |
| Hate Crimes | ⚠ Variable | Sexual orientation and gender identity are prohibited under federal hate crime law, but most states allow transgender panic defense in court. |
| Conversion Therapy | ✘ Allowed | Regulations related to conversion therapy vary by state, although Chiles v. Salazar could have federal implications. |
| Religious Exemption | ✘ Allowed | Religious exemption is federally allows individuals to exclude LGBTQIA+ people from businesses and organizations. |
| Bathrooms & Public Accommodation | ⚠ Variable | Access to sex-segregated facilities varies by state law. Order 14168 requires transgender individuals to use the restroom based on sex assigned at birth in federal buildings. |
| Travel | ✔ Protected | All citizens possess the federal right to travel freely between states, including for gender-affirming care. |
| Gender-Affirming Care | ⚠ Variable | Transgender adults are entitled to gender-affirming care in all US states, although treatments are restricted for youth based on the state. |
| Intersex Rights | ⚠ Variable | Intersex individuals are entitled to the same protections as other LGBTQIA+ people. |
| HIV/AIDS | ⚠ Variable | Individuals living with HIV/AIDS are federally protected by the ADA, although many states criminalize possible HIV transmission. |
| Blood Donations | ✔ Protected | Transgender individuals have a protected right to donate blood under specific conditions. |
| Identity Documents | ⚠ Variable | Transgender individuals’ right to update names and gender markers on official documents is determined by the state. The Trump-Vance administration has destroyed established paths to update information on federal documents. |
| Sports | ⚠ Variable | Order 14201, by the Trump-Vance administration, bans transgender individuals from participating in competitive school sports, including K-12 and university. Many professional leagues ban transgender athletes. |
🏳️🌈 Same-Sex Activity Protections: Lawrence v. Texas & Sodomy Laws
TLDR: Consensual same-sex sexual activity was federally decriminalized in 2003. The Supreme Court ruled in Lawrence v. Texas that sodomy laws were unconstitutional because people possess personal liberty within private spaces under the Fourteenth Amendment.
Why Is Lawrence v. Texas Important for LGBTQIA+ Rights?
All sodomy laws were rendered unenforceable, although over a dozen states still have these laws in effect. If Lawrence v. Texas were overturned, these laws would automatically become enforceable.
When overturning Roe v. Wade, Supreme Court Justice Clarence Thomas explicitly mentioned revisiting Lawrence v. Texas, although this is not reflected in the majority opinion.
Relevant Cases: Lawrence v. Texas | Griswold v. Connecticut | Romer v. Evans | Boutilier v. Immigration and Naturalization Service | Doe v. Commonwealth’s Attorney of Richmond | Bowers v. Hardwick
Statutes & Amendments: Fourteenth Amendment | Respect for Marriage Act
💍 Marriage Equality Protections: Obergefell v. Hodges & Respect for Marriage Act
TLDR: Queer marriage was federally legalized in the United States by the 2015 Supreme Court decision Obergefell v. Hodges. All states and territories must issue marriage licenses for same-sex couples in the same manner as heterosexual marriage licenses are issued.
President Joe Biden further cemented marriage equality by signing the Respect for Marriage Act in 2022, providing additional security to same-sex and interracial marriages. The law also overturned the 1996 Defense of Marriage Act, which had previously barred same-sex couples from receiving traditional marriage benefits like Social Security and tax benefits.
32 states still have statutory or constitutional bans on same-sex marriage. Obergefell v. Hodges and the Respect for Marriage Act make these bans unenforceable.
Relevant Cases: Obergefell v. Hodges | United States v. Windsor | Hollingsworth v. Perry | In re Guardianship of Sharon Kowalski | Ely v. Saul | Baker v. Nelson | Baehr v. Miike | Baker v. Vermont
Statutes & Amendments: Respect for Marriage Act | Fourteenth Amendment | Social Security Act | Immigration and Nationality Act | Family and Medical Leave Act
Additional Resources: NCLR | Lambda Legal | ACLU
❤️🩹 Transgender Domestic Violence Protections: VAWA Regulations & Shelter Rights
TLDR: All US states have clauses giving equal access to sexual violence and domestic abuse programs to unmarried individuals, regardless of sexual orientation or gender identity. There are no federal laws that mention LGBTQIA+ people’s explicit right to domestic abuse and sexual violence programs.
The Violence Against Women Act provides services related to legal aid, crisis support, counseling, and housing. VAWA agencies are open to ALL men, women, and nonbinary individuals affected by sexual and domestic violence. VAWA agencies are not allowed to discriminate against sexual orientation, race, national origin, religion, or disability. VAWA also prohibits discrimination based on gender identity, although this is currently under attack.
Another client complaining about being around a transgender person does not give VAWA agencies authority to discriminate against transgender individuals. Alternative accommodations can be made, but agencies cannot limit services based on a “heckler’s veto.”
Evolving Transgender Shelter Rights: HUD Policy Changes & Federal Register Feedback
The Trump-Vance administration is enforcing single-sex domestic violence shelters funded by the Department of Housing and Urban Development to DENY transgender individuals based on gender identity. Shelters have also been given the authority to “confirm the sex of an individual” seeking services.
Individuals may comment on FR-6518-P-01 until June 29, 2026. Comment here.
Relevant Cases: Bostock v. Clay County | RICADV v. Kennedy | Forsyth County v. Nationalist Movement | Watson v. City of Memphis
Statutes & Amendments: Violence Against Women Act | Family Violence Prevention and Services Act | FR-6518-P-01
Additional Resources: RAINN | NSVRC | The Network | A4TE | SAFE | LGBTQ Domestic Violence Awareness Foundation | FORGE
🧒 Transgender Youth Consent Protections: State Statutory Laws & Federal Jurisdictions
TLDR: All US states have an equal age of consent for both heterosexual sex and queer sex. All laws related to statutory rape apply automatically to LGBTQIA+ people.
“Age of consent” refers to the minimum age an individual must be to consent to sexual activity. Historically, governments have enforced different ages of consent upon queer individuals.
The federal age of consent is 18, although the federal limitation is infrequently used. The federal age of consent is only used when:
- Sexual activity occurred on federal property.
- State borders were crossed to pursue sexual activity.
- Sexual solicitation occurred online.
Most states enforce a minimum age of consent between 16 and 18. Many states possess Romeo and Juliet laws to protect sexually active young people engaging in consensual activity when close in age. In addition to age requirements, several states have amendments that temporarily raise the age of consent if the relationship has an adverse power dynamic, such as a teacher, coach, or pastor.

Federal law regulates the distribution of sexual material, although this is applied equally regardless of sexual orientation or gender identity.
- Individuals under the age of 18 are prohibited from accessing electronic obscene materials.
- Individuals under the age of 18 can be penalized for sexting other minors or possessing sexual materials of themselves.
- Individuals under the age of 16 are forbidden from using the United States mail system, interstate, or foreign commerce to obtain physical obscene materials.
Relevant Cases: State v. Limon | Caminetti v. United States | Free Speech Coalition v. Paxton | United States v. Williams
Statutes & Amendments: Communications Decency Act | Title 18 USC 1462 | Title 18 USC 1470 | Title 18 USC 2242 | Title 18 USC 2243 | Title 18 USC 2252
👨👩👧👦 Transgender Parental & Family Protections: Marital Presumption & State Adoption Laws
TLDR: Adoption laws are not federally aligned; regulations vary heavily by state, so LGBTQIA+ individuals do not have any federal protections when adopting. Married same-sex couples possess the same rights and benefits as heterosexual married couples via Obergefell v. Hodges and the Respect for Marriage Act.
Couples have the following options when pursuing a family:
- Marital Presumption
- Second-Parent Adoption
- Co-Adoption
- Stepparent Adoption
- Functional Parent Doctrine
- Voluntary Acknowledgement of Parentage
- Assisted Reproduction
The Multi-Ethnic Placement Act of 1994 sets minimum federal requirements regarding discrimination in adoption. MEPA prohibits child welfare agencies from discriminating based on race, color, or national origin of either the child or potential parent. MEPA does not extend to other identity markers, such as sexual orientation or gender identity.
Transgender Custody Vulnerabilities: Parental Fitness Disputes & Local Court Bias
Transgender parents frequently have their gender identity challenged in court when coming out. To negotiate better custody rights, some cisgender parents argue that transgender individuals are unfit to raise children. In these arguments, the discrimination transgender people experience would extend too great social harm to a child for the parent to retain visitation rights.
A parent’s transgender identity has not been shown to cause any harm to a child or their upbringing. The results of these cases vary by locality because there are no applicable regulations.
Relevant Cases: VL v. EL | Pavan v. Smith | Mize-Gregg v. Pompeo | Kiviti v. Pompeo | Fulton v. City of Philadelphia | In re Marriage of Magnuson | Finstuen v. Edmondson | Benitez v. North Coast Women’s Care
Statutes & Amendments: Tenth Amendment | Fourteenth Amendment | Respect for Marriage Act | Multi-Ethnic Placement Act | Nexus Test
Additional Resources: Family Equality | PFLAG | NCLR | Lambda Legal | A4TE | Family Caregiver Alliance
🗣️ Transgender Free Expression Protections: Executive Order 14168 & The Miller Test
TLDR: The Trump-Vance administration is using executive orders and agency directives to federally censor LGBTQIA+ topics, especially transgender identities. Order 14168 enforces a national “Don’t Say Gay” ban in all federally-funded spaces.
There are no federal laws or court cases that enforce LGBTQIA+ censorship, although LGBTQIA+ topics have been commonly protected under the First Amendment. Although the abandoned Hays Motion Picture Production Code is NOT legislation, its guidance is still used to censor queer visibility in media.
Media is evaluated by the Miller Test, established from Miller v. California and Pope v. Illinois. If a piece of media passes the Miller test, it is permitted and cannot be censored within the United States. Media fails the Miller test if:
- The average person would find the material erotic, lascivious, abnormal, unhealthy, degrading, shameful, or morbid using contemporary adult community standards;
- The average person would find the material offensive using contemporary adult community standards;
- AND the average person would find the material lacks ANY serious literary, artistic, political, or scientific value.
Relevant Cases: Miller v. California | Pope v. Illinois | PFLAG v. Trump | One v. Olesen | Manual Enterprises v. Day | Sund v. City of Wichita Falls | Cohen v. California
Statutes & Amendments: First Amendment | Executive Order 14168 | Motion Picture Production Code
🎭 Transgender Performance Protections: Anti-Drag Legislation & Executive Order 14168
TLDR: The Trump-Vance administration has issued Executive Order 14168 to block federal funding to “promote gender ideology,” including drag performances. This limits universities, libraries, and community centers from collaborating with drag performers, including hosting “Drag Story Hours.”
Most states regulate drag performance the same as other non-sexual performance arts. In those states, additional limitations are only applied when drag performance is sexual.
Due to anti-drag hysteria, six states have imposed laws to restrict drag performances.
- Arkansas: SB 43 uses intentionally vague language to target drag performances as “adult” or “sexual.”
- Florida: SB 1438 uses intentionally vague language to target drag performances as “adult” or “sexual.” The ACLU filed the lawsuit HM Florida-Orlando v. Florida in 2023. Oral arguments are currently scheduled for June 2026.
- Montana: HB 359 explicitly restricts drag performances. The ACLU filed the lawsuit Imperial Sovereign Court v. Knudsen in 2023. HB 359 has been blocked and rendered unenforceable.
- North Dakota: HB 1333 uses intentionally vague language to target drag performances as “adult” or “sexual.”
- Tennessee: SB 3/HB 9 explicitly restricts drag performances. Friends of George’s filed the lawsuit Friends of George’s v. Tennessee in 2023. The Sixth Circuit reversed a lower federal court’s temporary block of SB 3/HB 9 and the Supreme Court announce that they were declining to hear the case in February 2025. Tennessee’s drag ban remain in effect.
- Texas: SB 12 uses intentionally vague language to target drag performances as “adult” or “sexual.” Two lawsuits, Woodlands Pride v. Colmenero and Vortex Repertory v. Colmenero, were filed in 2023. SB 12 went into effect March 18, 2026, although both lawsuits are ongoing.
Transgender Public Space Bans: Vague Impersonation Phrasing & Historical Crossdressing Laws
Anti-drag legislation uses broad language, such as “male or female impersonators.” The definitions included in these bills are purposely vague, allowing them to be applied to transgender individuals existing in daily life.
Proponents of anti-drag legislation do not differentiate between transgender expression and drag performance. Crossdressing laws have existed in the United States since the 19th century, enforcing gendered dress codes based on sex assigned at birth. Anti-drag legislation is particularly dangerous because its language can potentially bar transgender people from public spaces, echoing the Nazi Nuremberg Laws.
Relevant Cases: Schacht v. United States | Imperial Sovereign Court v. Knudsen | Woodland Pride v. Paxton | HM Florida-Orlando v. Florida | Friends of George’s v. Tennessee | Spectrum WT v. Wendler
Statutes & Amendments: First Amendment | Fourteenth Amendment | Executive Order 14168 | Title 18 USC 1466
🎒 Transgender Student Protections: Executive Order 14168 & The Equal Access Act
TLDR: LGBTQIA+ students in public schools possess many rights, although the Trump-Vance administration is using executive orders and agency directives to federally censor LGBTQIA+ topics. Order 14168 enforces a national “Don’t Say Gay” ban in all public schools.
“Don’t Say Gay” censorship laws currently target teachers and curriculum. Educators are barred from discussing LGBTQIA+ topics to “promote radical gender ideology.”
- Teachers cannot disclose their LGBTQIA+ identities.
- Teachers cannot discuss LGBTQIA+ history.
- Teachers cannot discuss LGBTQIA+ safe sex practices.
Curriculum bans under Order 14168 violate states’ right to manage student curriculums, since some like Illinois and Colorado require the inclusion of LGBTQIA+ topics in local studies. The federal government is explicitly forbidden from controlling state curricula.
Order 14168 and anti-LGBTQIA+ book bans also violate constitutional rights. Board of Education v. Pico establishes that students have a First Amendment right to controversial physical and digital media. The Equal Access Act requires districts to regulate LGBTQIA+ content the same as non-LGBTQIA+ content.
“Don’t Say Gay” bans do NOT include students. Tinker v. Des Moines, Colín v. Orange, Couch v. Wayne, and Hatcher v. DeSoto County cement students’ federal rights under the First Amendment and Equal Access Act of 1984. However, Executive Order 14168 has led many schools and students to wrongly believe they are not entitled to these rights.
- Students may openly identify as LGBTQIA+.
- Students may openly discuss LGBTQIA+ topics.
- Students may wear and display items featuring LGBTQIA+ themes.
- Students may create LGBTQIA+ clubs and organizations.
- Students may dress and express their gender in any manner in accordance with school dress codes.
- Students may attend official functions with their LGBTQIA+ partners.
- Students may not be bullied by peers or staff for their LGBTQIA+ identities.
The First Amendment establishes students’ right to openly identify as LGBTQIA+ in school and discuss queer topics on campus, which was further proven by Tinker. Schools must prove justification every time they censor a student, and are only allowed to censor the following:
- Verbally abusive messages.
- Promotion of illegal drug use.
- Extremely lewd or profane language.
- Topics that will cause genuine and substantial disruption to teaching.
The Equal Access Act empowers students to wear and display items with LGBTQIA+ themes. The Supreme Court determined in Couch that schools cannot disproportionally restrict LGBTQIA+ content on shirts, buttons, or flyers. If a school wishes to ban pride stickers, it must ban all stickers; if a school wants to ban LGBTQIA+ students from putting up flyers, it must bar all students from doing so.
While schools may censor “disruptive” messages, the federal courts have explicitly made “disruptive” censorship a high bar to clear. Justification falls upon the school. While LGBTQIA+ topics may be controversial, Hatcher proved that controversial topics are NOT disruptive enough to warrant censorship.
Threats and harassment by parents, teachers, or other students does not justify censorship. Nabozny v. Podlesny, Flores v. Morgan Hill, and Romer v. Evans established that schools cannot veto LGBTQIA+ students or student-led organizations because other parties will become disruptive. Court precedent states “there is no constitutional right to be a bully” because there is no “heckler’s veto” in the law. Instead, schools are required to intervene and prosecute individuals making threats or engaging in harassment.
Public schools may enforce gender-based dress codes, but they cannot require students to dress based on biological or assumed sex. Federal law affirms that students may dress within established codes, regardless of gender norms.
Schools cannot unfairly restrict LGBTQIA+ students from engaging with official functions, such as dances, field trips, and athletic games. Fricke v. Lynch determined that students’ right to bring same-sex partners to functions falls under the First Amendment.
“To rule otherwise [in Fricke v. Lynch] would completely subvert free speech in the schools by granting other students a ‘heckler’s veto,’ allowing them to decide through prohibited and violent methods what speech will be heard. The first amendment does not tolerate mob rule by unruly school children… the school does have an obligation to take reasonable measures to protect and foster free speech, not to stand helpless before unauthorized student violence.”
Chief Judge Pettine, “Fricke v. Lynch, 491 F. Supp. 381.”
Public schools may not punish LGBTQIA+ relationships disproportionally than cisgender heterosexual relationships. Teachers may not reprimand same-sex couples for displays of affection similarly allowed by opposite-set couples because of the Equal Access Act.
Some states have instilled laws to require school staff to out students to their parents. The Family Educational Rights and Privacy Act forbids staff from sharing personal identifying information, including sexual orientation or gender identity, with ANYONE who is not the targeted student or their parents.
Even in states without the above laws, it is important to remember that parents possess the legal right under FERPA to their youth’s school records until the completion of high school. In these jurisdictions, students can be outed passively if chosen names or pronouns are included in records.
Order 14168 attempts to limit students’ right to use chosen names or pronouns by punishing staff who support students’ social transitions. Students’ right to have staff use these vary on state law, which is why some states have sued the Trump-Vance administration for overreach on state governance.
Executive Order School Compliance: Funding Loss Risks & District Over-Enforcement
The Trump-Vance administration’s Order 14168 clearly violates federal law and the Constitution. However, Order 14168 is an executive order that likely will not live past the current presidency because of their limited nature.
Most districts believe they must over-comply with 14168 to avoid funding loses, stripping all discussions of LGBTQIA+ topics from their schools. Many students do not know their rights well enough to push back. Advocacy and legal organizations know the lawsuit process is too lengthy to make meaningful changes before the Trump-Vance administration ends, despite how damaging 14168 is.
All public schools must protect students from anti-LGBTQIA+ bullying, even if state law excludes sexual orientation or gender identity. Schools hold a legal duty to intervene all forms of bullying, harassment, and discrimination in all school spaces; failure is considered negligence to student safety. This is supported by Fricke, Nabozny, Colín, Henkle, and Flores. Schools are responsible for behavior on campus, field trips, bus rides, afterschool functions, and official online spaces, even if it is outside of official hours.
Transgender students’ right to use sex-segregated restrooms and locker rooms is regulated by state. Previously, transgender access to these facilities was protected by Title IX, Equal Access Act, and Whitaker v. Kenosha. However, the Trump-Vance administration has rescinded Title IX protections.
- Most states and school districts require students to verify their gender identity to access facilities, such as obtaining gender dysphoria diagnoses, legal documentation, or proof of hormone replacement therapy.
- Some states have fully barred transgender students from using sex-segregated facilities. Due to Whitaker and the Equal Access Act, these laws will come under fire through the lawsuit process.
Transgender students cannot be forced to use gender-neutral restrooms. Districts are allowed to provide gender-neutral facilities, but they must be of equal standard as gender-segregated facilities.
Relevant Cases: Tinker v. Des Moines | Board of Education v. Pico | Fricke v. Lynch | Nabozny v. Podlesny | Couch v. Wayne Local School District | Flores v. Morgan Hill | Henkle v. Gregory | Colín v. Orange Unified | Whitaker v. Kenosha Unified | Hatcher v. DeSoto County Board of Education | Garcetti v. Ceballos | Romer v. Evans
Statutes & Amendments: First Amendment | Ninth Amendment | Fourteenth Amendment | Title IX of the Education Amendments | Equal Access Act | Title IV of the Civil Rights Act | Family Educational Rights and Privacy Act | Order 14168
Additional Resources: ACLU | Trevor Project | GLISTEN | A4TE | Lambda Legal
💼 Transgender Workplace Protections: Title VII Regulations & Bostock Precedent
TLDR: All individuals are protected from employment discrimination on the basis of sexual orientation or gender identity. The Supreme Court determined in 2020 that sexual orientation and gender identity are protected classes under Title VII of the Civil Rights Act.
This is supported by Bostock, RG & GR Harris Funeral Homes, Altitude Express, and Hively. LGBTQIA+ people are federally protected from discrimination in workplace training, hiring, termination, promotions, assignments, pay, benefits, or discipline. Title VII applies to all organizations with 15 or more employees, regardless of whether they are in the private sector, the public sector, or a government agency.
During Bostock, the Supreme Court stated that anti-transgender remarks, jokes, and derogatory comments are classified as sex-based harassment prohibited under the Civil Rights Act. Invasive personal questions, repeated deadnaming, and intentional misgendering are also protected.
Employers are forbidden from disclosing your LGBTQIA+ identity without your consent. Employers also cannot prohibit you from coming out at work.
Transgender Educator Vulnerabilities: Curriculum Censorship & The Garcetti Loophole
Educators are the only unprotected profession regarding LGBTQIA+ censorship. Garcetti v. Ceballos established that public school teachers legally belong to the state. Districts are allowed to discipline educators who deviate from official messaging or curriculum.
Due to this ruling, states are able to exploit a legal loophole through “Don’t Say Gay” legislation. In these states, teachers still cannot be fired for simply being LGBTQIA+, but they can be fired if they disclose their identity to students.
The Trump-Vance administration has ordered transgender bathroom bans at all government buildings, including state capitols, courthouses, and federal offices via the Equal Employment Opportunity Commission. The EEOC determined in the Trump-Vance administration internal Selina S v. Driscoll ruling that Order 14168 does not violate their subjective interpretation of Bostock. Order 14168 would not survive an external ruling, but its single administration lifespan is too short to survive a lengthy lawsuit process.
Relevant Cases: Bostock v. Clayton County | RG & GR Funeral Homes v. EEOC | Altitude Express v. Zarda | Hively v. Ivy Tech Community College | Price Waterhouse v. Hopkins | Oncale v. Sundowner Offshore Services | Garcetti v. Ceballos | Selina S. v. Driscoll | Webster v. Doe
Statutes & Amendments: Title VII of the Civil Rights Act | Civil Service Reform Act | Americans with Disabilities Act | Order 14168 | Order 13672
Additional Resources: ACLU | A4TE | Lambda Legal | Out & Equal | Pride At Work | GLAAD
🪖 Transgender Military Service Rights: Executive Order 14183 & Selective Service Regulations
TLDR: The Trump-Vance administration has banned transgender individuals from serving in any capacity within the United States military. Queer cisgender individuals are eligible to serve through the repeal of Don’t Ask, Don’t Tell.
Queer cisgender individuals possess equal rights to military service and veteran benefits. Anyone previously dishonorably discharged for their LGBTQIA+ identity due to DADT was officially pardoned by President Biden in 2024. Queer active servicemembers and veterans should contact Military OneSource for support.
The Trump-Vance administration signed Order 14183 on January 27, 2025, reinstating the transgender military ban from the Trump-Pence administration. Order 14183 states transgender individuals cannot be permitted to serve because they lack the honorable lifestyle required for military service. Transgender individuals serving until Order 14183 have been given general discharges and voluntary separations.
The Veterans Administration issued a ruling in 2024 that gender-affirming care is not covered within its services. This policy will likely not change until the end of Order 14183.
All individuals assigned male at birth must register with the national military conscription service, also known as Selective Service, within 30 days of turning 18. Failure can result in up to $250,000 in fines and five years of prison.
- Transgender women are required to register no matter what. Selective Service regulations apply, even if one has legally transitioned before age 18.
- Transgender men are NOT required to register, but may opt in. Transgender men who do not register experience difficulty using government services such as Medicaid, SNAP, and FAFSA due to Selective Service verification requirements. A Status Information Letter can be obtained to obtain services without Selective Service registration.
- In the event a draft is placed, all transgender individuals conscripted through the Selective Service may file for an exemption when reporting for examination.
Relevant Cases: United States v. Marcum | Lawrence v. Texas | Karnoski v. Trump | Stockman v. Trump | National Coalition for Men v. Selective Service | Rostker v. Goldberg | Witt v. Department of the Air Force
Statutes & Amendments: Military Selective Service Act | Don’t Ask Don’t Tell Repeal Act | Order 14183 | 38 CFR 17
Additional Resources: Modern Military | A4TE | SPARTA
🏠 Transgender Housing Protections: The Fair Housing Act & HUD Regulations
TLDR: The Department of Housing and Urban Development currently prohibits anti-LGBTQIA+ housing discrimination, BUT this may change.
The Fair Housing Act prohibits sex-based discrimination in purchasing, renting, and mortgage lending processes. HUD interprets this law to include transgender people and remains in effect for now.
The Trump-Vance administration has proposed new guidelines to eliminate LGBTQIA+ protections within HUD, published for public comment on April 28, 2026. The administration has also stopped all HUD investigations related to transgender discrimination.
HUD affects all federally funded housing and agencies, including homeless shelters. Based on HUD’s current policies, the following is illegal for any home or agency associated with HUD:
- Refusing to admit LGBTQIA+ individuals into homeless shelters.
- Lie to LGBTQIA+ people about available housing space.
- Set different terms for LGBTQIA+ tenants compared to cisgender heterosexual tenants.
- Deny LGBTQIA+ applicants mortgage loans or property insurance on the basis of their sexual orientation or gender identity.
- Forcing transgender individuals into incorrect gender-specific housing.
Braschi v. Stahl Associates established that same-sex couples must be given housing and rent control protections as identical household units to heterosexual couples, regardless of marriage status.
LGBTQIA+ individuals are protected from discrimination in credit and lending. Sexual orientation and gender identity are protected classes under the Equal Credit Opportunity Act and the Consumer Financial Protection Bureau.
Relevant Cases: Smith v. Avanti | Wetzel v. Glen St. Andrew | Braschi v. Stahl Associates | Rosa v. Park West Bank
Statutes & Amendments: Fair Housing Act | HUD Equal Access Revision | Equal Credit Opportunity Act | Consumer Financial Protection Act | Order 14168
Additional Resources: LGBT Housing Initiative | Affirmations | A4TE | Sylvia Rivera Law Project |
🔒 Transgender Inmate Protections: Executive Order 14168 & PREA
TLDR: All individuals in forced government custody, including transgender individuals, retain the least amount of protected rights.
While incarcerated, individuals lose access to most Constitutional rights, including the Thirteenth Amendment’s prohibition of involuntary servitude and the right to vote. The only federally protected right inmates retain is the First Amendment.
Prison staff is authorized to open non-privileged mail directed to inmates without probable cause or a warrant. However, staff cannot censor mail because it is controversial or rude, as established in Thornburgh v. Abbot. Inmates have a right to receive books, magazines, newspapers, and other mail that cannot impact prison safety. Prison officials cannot bar loved ones from purchasing inmates’ books or subscriptions, and all senders have a right to be notified if their mail is censored or rejected.
Mail cannot be censored simply because it is critical of a prison or its staff, as supported by Procunier v. Martinez. Staff may also not ban mail because it contains material downloaded from the internet.
Most states do not allow incarcerated individuals to vote, although the right to vote is normally reinstated after release. Each state has different laws regarding felony convictions; 10 states permanently bar convicted felons from ever voting in select cases.
Inmates are protected by the Due Process Clause and must be given reasonable privacy. Prison staff can search inmates at any time, but no strip searches can be done within full view of other prisoners. All searches must be conducted by staff of the same gender identity unless there is a documented emergency.
Incarcerated individuals maintain federal protection of religious freedom. Prison officials cannot impose religious beliefs and cannot give special preference based on religion. Staff must document and provide objective proof any time they claim a religious accommodation will be dangerous.
All individuals detained in government facilities must be housed and treated humanely. Everyone, regardless of conviction, is protected from “cruel or unusual punishment” through the Eighth Amendment. Until conviction, detainees must be treated as innocent and cannot be “punished.” However, definitions of “cruel or unusual punishment” vary on court discretion.
Many correctional facilities place LGBTQIA+ inmates in solitary confinement to protect them from violence from other inmates. No inmate can be forced into solitary confinement for more than 30 days. Inmates in protective solitary confinement must retain access to programs, privileges, education, and work opportunities.
The Prison Rape Elimination Act protects inmates from sexual crimes and harassment, including on the basis of sexual orientation or gender identity. In Farmer v. Brennan, the Supreme Court determined the Prison Rape Elimination Act also protected LGBTQIA+ inmates. Prison staff is legally obligated to protect prisoners from physical and sexual assault, including from other inmates and prison staff. Staff who do not act on assaults they are aware of violate the Eighth Amendment.
Prison officials are authorized to use physical force on inmates, but they are not permitted to use force to intentionally cause harm. Any force used by staff must be solely to maintain prison order.
Previously, PREA required all detention centers to create individualized placements for transgender and intersex inmates based on transition status. The Trump-Vance administration abolished protections within the Transgender Offender Manual. Order 14168 requires all transgender inmates to be placed in federal centers based on sex assigned at birth. All inmates maintain the right to request a private shower under PREA.
Transgender Inmate Safety: Detention Facility Lawsuits & Eighth Amendment Injunctions
The Transgender Offender Manual was created by the Bureau of Prisons to ensure transgender inmates are treated humanely. Order 14168 abolished the Transgender Offender Manual.
Kingdom v. Trump and Doe v. Bondi are lawsuits filed by the ACLU, GLAD Law, and the National Center for Lesbian Rights, challenging the Trump-Vance administration’s biological sex placement requirement. Both lawsuits state that Order 14168 violates their Eighth Amendment right. Preliminary injunctions and protection have been given to transgender inmates. Although the Trump-Vance administration seeks to appeal these rulings, Order 14168 and related lawsuits will not survive the current presidency.
Prisons cannot racially segregate except in objective circumstances to preserve facility security. Instances must be documented.
Inmates do not lose their right to file official complaints or reports. Incarcerated individuals maintain their right to report conditions and access court systems through the Prison Litigation Reform Act. Inmates must be allowed to file lawsuits in federal court, although complaints can be dismissed by courts if their lawsuit is “frivolous,” “malicious,” or false.
Incarcerated individuals are protected by the Americans with Disabilities Act. Prisons must allow equal access to programs and facilities to qualified inmates; individuals have the right to reasonable policy modification. Inmates are entitled to auxiliary aids and services like sign language interpreters, captioning, videophones, readers, Braille, and audio recordings. Staff may only deny accommodations if they can prove it would create an immense financial burden or safety risk that cannot be otherwise mitigated.
Inmates have the right to appropriate and adequate healthcare:
- Facilities must treat inmates’ short-term and long-term conditions. Prison healthcare must include medical and mental health.
- Prisons must allow a hearing if an inmate is moved to a mental health facility.
- Prison staff must evaluate transgender detainees for gender dysphoria within a reasonable timeframe. Gender dysphoria diagnoses must be delivered according to established medical standards.
- Facilities cannot institute general bans on medical treatments, such as hormone replacement therapy or gender-affirming surgery. Inmates cannot specify the choice of treatment, but all treatments must be according to established medical standards.
- Prison staff must allow inmates to access abortions, prenatal care, intrapartum care, and postpartum care. Inmates cannot be forced to pay before receiving reproductive health treatments. Inmates are also entitled to refuse sterilization or other unwanted birth control.
Prison officials are prohibited from deliberately misgendering transgender inmates. Transgender individuals must be allowed to choose undergarments and accommodations best aligned with their gender identity. While Order 14168 attempts to ban these regulations, this has been blocked by federal courts.
Relevant Cases: Estelle v. Gamble | Farmer v. Brennan | Procunier v. Martinez | Williams v. Kincaid | Thornburgh v. Abbott | Kingdom v. Trump | Doe v. Bondi
Statutes & Amendments: First Amendment | Eighth Amendment | Thirteenth Amendment | Fourteenth Amendment | Prison Rape Elimination Act | Prison Litigation Reform Act | Americans with Disabilities Act | Order 14168
Additional Resources: Justica | Transgender Law Center | ACLU | Lambda Legal | A4TE | Black & Pink | TGIJP
⚖️ Transgender Hate Crime Protections: The Matthew Shepard Act & State Jurisdictions
TLDR: Sexual orientation and gender identity are prohibited under federal hate crime law, but most states allow transgender panic defense in court.
LGBTQIA+ individuals are included in bias crime laws through the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Crime based on sexuality, gender identity, race, religion, or national origin is prosecuted at higher penalties under the Violent Crime Control and Law Enforcement Act and Wisconsin v. Mitchell.
Under Brandon v. Richardson, all law enforcement officers have a legal obligation to protect LGBTQIA+ individuals who report hate crimes.
Most hate speech is protected under the First Amendment, as evidenced by Snyder v. Phelps. Speech is only illegal and able to be censored if it can be proven to incite violence, hostility, or discrimination based on race, religion, ethnicity, national origin, sexual orientation, gender identity, or disability. Although hate speech is generally allowed on public property, private property may enforce its own censors.
There are no national bans on gay/trans panic defense; the legality of homosexual advance defense varies by state law. Gay/trans panic defense is a victim-blaming legal strategy where a defendant claims they committed a violent crime against an LGBTQIA+ person because they were so offended or frightened that they were forced into attacking violently. Trans panic defense is most often used by cisgender heterosexual men who harm partners upon disclosure.
Relevant Cases: Wisconsin v. Mitchell | Snyder v. Phelps | Brandon v. Richardson | Virginia v. Black
Statutes & Amendments: First Amendment | Fourteenth Amendment | Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act | Violent Crime Control and Law Enforcement Act
Additional Resources: A4TE | Matthew Shepard Foundation | Human Rights Campaign | ILGA | Southern Poverty Law Center
🙅 Transgender Conversion Therapy Bans: State Consumer Protections & Federal Gaps
TLDR: Regulations related to conversion therapy vary by state, although the Supreme Court ruling in Chiles v. Salazar could have federal implications.
Conversion therapy is a debunked and pseudoscientific practice of attempting to change one’s sexual orientation or gender identity. There are zero states that ban conversion therapy on consenting adults. Over half of US states have partial bans on conversion therapy on minors, but this may change due to Chiles.
All states allow conversion therapy on minors if the practice occurs through a religion-based provider. States regulate conversion therapy through license requirements for mental health practitioners.
In Chiles v. Salazar, the Supreme Court stated that conversion therapy bans must be viewpoint-neutral to adhere to First Amendment rights to religion and free speech. The Chiles ruling does not force states to allow professionals to use licenses for conversion therapy; the ruling requires states to use more neutral language in legislation.
Although SAMHSA and the FTC are federal agencies, both functionally prohibit conversion therapy. SAMHSA explicitly prohibits funded agencies from engaging with conversion therapy programs. The Federal Trade Commission prosecutes fraudulent and scientifically unsubstantiated claims when conversion therapists guarantee identity change.
Relevant Cases: Chiles v. Salazar | King v. Governor of New Jersey | Otto v. City of Boca Raton
Statutes & Amendments: First Amendment | SAMHSA | Federal Trade Commission
Additional Resources: Trevor Project | Human Rights Campaign | American Medical Association | American Psychological Association
📜 Transgender Civil Rights Exemptions: First Amendment Claims & RFRA Statutes
TLDR: Religious exemption is federally allows individuals to exclude LGBTQIA+ people from businesses and organizations via the Religious Freedom Restoration Act and Masterpiece Cakeshop.
Religious exemption permits individuals, religious institutions, nonprofit organizations, and corporations to deny LGBTQIA+ people under religious objection. Religious exemption can be used in a variety of ways, from denying birth control coverage on healthcare insurance to putting a “No Gays Allowed” sign in their window.
Religious exemption is federally supported by 303 Creative LLC v. Elenis, Masterpiece Cakeshop v. Colorado Civil Rights Commission, Boy Scouts of America v. Dale, and Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston. HOWEVER, religious exemption does not apply to government-funded organizations.
Private Employer Mandates: Commercial Freedom Claims & Transgender Labor Protections
Federal law and the Supreme Court precedent state that private employers cannot discriminate against LGBTQIA+ people in hiring, pay, termination, promotions, discipline, or training. They also state that private employers can claim religious exemption to deny LGBTQIA+ people. How can these co-exist?
It’s a current gap in the legal system. Based on current rulings, a private employer like Masterpiece Cakeshop can refuse to sell cakes to same-sex couples, BUT they cannot intentionally discriminate against an LGBTQIA+ employee at Masterpiece Cakeshop.
Relevant Cases: 303 Creative LLC v. Elenis | Masterpiece Cakeshop v. Colorado Civil Rights Commission | Boy Scouts of America v. Dale | Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston
Statutes & Amendments: First Amendment | Religious Freedom Restoration Act
🚽 Transgender Bathroom Protections: Public Accommodation Laws & Title IX Frameworks
TLDR: Access to sex-segregated facilities varies by state law. Order 14168 requires transgender individuals to use the restroom based on sex assigned at birth in federal buildings.
While public accommodation access falls under Title III of the ADA and Title II of the Civil Rights Act, gender identity is not explicitly included.
Bathroom bills are regulations that criminalize transgender people who use restrooms as their gender identity or transition status rather than the sex assigned at birth. State bathroom bills apply to all public accommodations, enforcing regulations on all businesses, organizations, or buildings that serve the public – regardless of whether they are publicly or privately funded.
Need Help Finding Inclusive Restrooms?
REFUGE is a free directory of safe restrooms for transgender, intersex, and gender-nonconforming people. REFUGE is available on desktop, Android, and Apple devices through user submissions.
Florida, Idaho, Kansas, Montana, Ohio, and Wyoming enforce bathroom bills in all public accommodations. 15 other states ban transgender people from using the correct restroom in government-owned buildings or schools. Criminal bathroom statutes can result in six months of jail time and $1,000 in fines.
Florida and Utah have the most aggressive bathroom laws through “bathroom bounty hunter” clauses. State residents can report “transgender noncompliance” to the government.
Relevant Cases: Grimm v. Gloucester County School Board | Adams ex rel. Kasper v. School Board of St. Johns County | Bostock v. Clayton County
Statutes & Amendments: First Amendment | Fourteenth Amendment | Title II of the Civil Rights Act | Title III of the Americans with Disabilities Act | Title IX of the Education Amendments
Additional Resources: REFUGE | RestMap | A4TE
✈️ Transgender Travel Protections: Passport Gender Markers & TSA Protocols
TLDR: All citizens possess the federal right to travel freely between states. While some states are attempting to criminalize travel for gender-affirming care, these laws are unconstitutional because they are based on conspiracy and impede on personal rights, parental rights, and the right to travel.
The Transportation Security Administration screens all luggage and passengers in United States airports. Airports are classified as public spaces. Transgender travelers reserve the right to medical equipment, prostheses, binders, packers, and other assistive devices.
All travelers are entitled to opt out of advanced imaging technology scanners, which detect bodily anomalies based on assumed gender. AIT devices frequently red-flag binding garments and prosthetics. Passengers opting out of AIT are subject to thorough pat-downs by a TSA agent of the same gender as the traveler’s gender expression (not legal gender or boarding pass). If a TSA agent is unsure of one’s gender presentation, they must discreetly and respectfully ask which gender they would prefer. You should never be required to lift, remove, or raise an article of clothing to reveal a prosthetic. Travelers should never be asked to remove prosthetics, breast forms, or binding items.
Airport bathroom access to transgender people depends on state law. Airports are owned by local governments. While Order 14168 does not apply to airports, state bathroom bills do.
Relevant Cases: Crandall v. Nevada | Saenz v. Roe | Yellowhammer Fund v. Marshall | United States v. Causby
Statutes & Amendments: Fourteenth Amendment | Commerce Clause | Aviation and Transportation Security Act | Rehabilitation Act
Additional Resources: A4TE | Movement Advancement Project | Equaldex Equality | TSA Notification Card | TSA Cares | Trans Continental Pipeline
💊 Transgender Healthcare Protections: ACA & State Sanctuary Laws
TLDR: Transgender adults are entitled to gender-affirming care in all US states, although treatments are restricted for youth based on the state.
Gender-affirming care refers to medical treatments like hormone replacement therapy and surgery. Half of all states require documented gender-affirming treatment before updating legal information, such as birth certificates or driver’s licenses. Medical treatment access are regulated individually by each state according to international standards.
In United States v. Skrmetti, the Supreme Court ruled that states are authorized to set blanket bans on transgender treatments despite precedent that blanket identity-based bans on medically necessary care are unconstitutional. This decision goes against international guidelines on best practices regarding gender dysphoria.
Skrmetti’s ruling allows states to implement blanket bans on transgender healthcare entirely, including adults. However, no states currently enforce complete transgender healthcare bans. 26 states ban gender-affirming care for youth; these restrictions still affect transgender adults since state law pushes providers away.
17 states have “shield” policies to protect transgender individuals who travel for gender-affirming care illegal at home. All citizens possess the right to travel freely for services legal at their destination.
Employers cannot discriminate based on gender identity or sexual orientation, and nearly all employers are required to provide healthcare coverage options to employees. However, not all healthcare insurance companies cover medically necessary gender-affirming care.
24 states prohibit insurance companies from excluding transgender services, including Medicaid. Even in states without explicit legislation, companies cannot implement blanket bans or limits on any healthcare service if medically necessary. Arkansas and Mississippi are the only states where insurers are allowed to ban transgender coverage.
Since Medicaid coverage requirements are determined by the state, transgender coverage is based on general protection or exclusion policies. Order 14168 bans states from providing gender-affirming treatments to anyone under the age of 19 through Medicaid.
Medicare fully covers medically necessary transgender treatments, regardless of state jurisdiction.
Currently, the Department of Veterans Affairs does NOT cover any transgender-related services.
Individuals without healthcare insurance coverage may use IRS Publication 502 for medical expenses to become tax-deductible if not paid by insurance or a third party. IRS Publication 502 includes gender transition services.
12 states allow medical providers to refuse LGBTQIA+ patients for general non-transition care based on religious objection. HOWEVER, the Emergency Medical Treatment and Labor Act and the American Medical Association Code of Medical Ethics prohibit providers from refusing emergency life-saving treatment. Doctors can only deny non-emergency services and must provide timely notice and referrals to the patient.
Relevant Cases: Roe v. Wade | United States v. Skrmetti | Bostock v. Clayton County | Flack v. Wisconsin Department of Health Services | Kennedy v. Braidwood Management
Statutes & Amendments: First Amendment | Fourteenth Amendment | Affordable Care Act | Emergency Medical Treatment and Labor Act | IRS Publication 502
Additional Resources: A4TE | Trans Health Project | Transgender Law Center | Out2Enroll | Movement Advancement Project | GLMA Provider Directory
🧬 Intersex Bodily Protections: ACA Regulations & Statutes
TLDR: Intersex individuals are entitled to the same protections as other LGBTQIA+ people. Intersex conditions are explicitly included under the Affordable Care Act. Title IX of the Education Amendments protects intersex people in education based on sex.
There are no federal or state laws prohibiting nonconsensual genital surgeries on intersex infants, although California agreed on intentions to do so in 2018. Medical professionals reserve the right to perform “normalizing” surgeries without parental consent on intersex infants.
Order 14168 prohibits “X” gender markers on all federal documents. “X” markers may be available on state-controlled documents based on local law.
Relevant Cases: MC v. Aaronson | Bostock v. Clayton County
Statutes & Amendments: Fourteenth Amendment | Affordable Care Act | Title IX of the Education Amendments | Title VII of the Civil Rights Act
Additional Resources: interACT | Intersex Justice Project | InterConnect
🩸 HIV/AIDS Medical Protections: The Americans with Disabilities Act & Federal Care Statutes
TLDR: Individuals living with HIV/AIDS are federally protected by the Americans with Disabilities Act, although many states criminalize possible HIV transmission. States were previously required to criminalize possible exposure in 1990 via the Ryan White CARE Act to obtain federal funding. Although many states have repealed these individual laws, Congress has failed to repeal this measure.
Although it has been overwhelmingly proven that HIV criminalization negatively impacts public health, there have been no federal cases related to its constitutionality. The closest was Rhoades v. Iowa, which was resolved by the Iowa Supreme Court.
Half of US states penalize individuals living with HIV if they “potentially expose” others to the virus. Penalties range from misdemeanors to felonies and a lifelong sex offender registry.
HIV and AIDS are classified as disabilities, providing federal rights under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and Section 1557 of the Affordable Care Act. HIV/AIDS status cannot be used to discriminate in employment, housing, or other aspects of life. It is an individual’s right to disclose their HIV status.
Employers may only refuse to hire someone based on HIV status if they can objectively prove it would cause a direct threat to others while performing routine tasks. Based on this restriction, only healthcare employers may use this defense. All employers are forbidden from releasing confidential medical and disability information, cemented by Taylor v. Rice and Matter of Matthew Cusick.
Healthcare providers cannot discriminate against HIV/AIDS when providing services. Medical providers are expected to always use universal precautions on all patients, so there are no additional or special protective procedures required to work with individuals living with HIV. Healthcare providers may only object on religious grounds for general care in applicable states.
Healthcare insurance companies, Medicaid, and other coverage providers cannot discriminate against HIV status. An equal standard of care must be given to all employees.
The Fair Housing Act requires landlords to make reasonable accommodations as deemed medically necessary for tenants with HIV. Individuals possess the right to health and safety at home.
Relevant Cases: Bragdon v. Abbott | Roe v. Austin | Matter of Mathew Cusick and Cirque du Soleil | Taylor v. Rice | Rhoades v. Iowa | SmithKline Beecham v. Abbott Laboratories | OUTMemphis v. Lee
Statutes & Amendments: Fourteenth Amendment | Americans with Disabilities Act | Rehabilitation Act | Fair Housing Act | Ryan White CARE Act
Additional Resources: AIDS United | Sylvia Rivera Law Project | CHLP | Positively Trans | Positive Justice Project | Sero Project Legal Resource Hub
💉 Transgender Blood Donation Protections: Individual Donor Assessments & FDA Guidelines
TLDR: Transgender individuals have a protected right to donate blood IF:
- They have never tested positive for HIV/AIDS.
- They are not currently taking HIV prevention medication, like PrEP or PEP.
- They have not had anal sex with any new partners within the past three months.
The American Red Cross moved to a risk-based criteria assessment after referral from the FDA. Although the Trump-Vance administration has scrubbed this FDA referral, the American Red Cross continues this policy.
This policy allows LGBTQIA+ individuals to donate blood, tissue, and organs. Under the FDA’s previous guidance, the risk-based criteria apply to all people regardless of sexual orientation or gender identity.
Individuals who have ever tested positive for HIV/AIDS are permanently ineligible for donation, even if their viral load is undetectable or untransmittable.
Relevant Cases: Kaiser v. CSL Plasma
Statutes & Amendments: Fourteenth Amendment | Public Health Service Act | Federal Food, Drug, and Cosmetic Act
Additional Resources: American Red Cross | Individual Donor Assessment | ADVANCE Study Archive | Lambda Legal
🆔 Transgender Identity Documentation: Federal Self-Attestation & State Vital Records Laws
TLDR: Transgender individuals’ right to update names and gender markers on official documents is determined by the state. The Trump-Vance administration has destroyed established paths to update information on federal documents.
Need Help Updating Documents In Your State?
Advocates for Trans Equality maintains a Document Center that guides users on how to update legal information in all US states and territories.
Birth Certificates
One’s ability to update their birth certificate is determined by state law. Most states allow transgender individuals to update their birth certificates by submitting an application to the Department of Public Health. Consular Reports of Birth Abroad can NOT have gender information updated due to Order 14168, although name changes are permitted.
Many states require residents to provide documentation of gender-affirming treatment to update the gender marker. An additional court order is necessary to update one’s name, completed by petitioning a court. 11 states forbid gender marker updates on birth certificates, although name changes are permitted.
Fees associated with court filing may be waived if financial need can be demonstrated.
State ID & Driver’s License
One’s ability to update their ID or driver’s license is determined by state law. Most states allow transgender individuals to update their ID by submitting an application to the Secretary of State or Department of Motor Vehicles.
Many states allow residents to complete forms without submitting additional documentation of gender transition, although some states require a court order or amended birth certificate to update the gender marker. An additional court order is necessary to update one’s name, completed by petitioning a court. 8 states forbid gender marker changes on IDs, although name changes are permitted.
Healthcare Coverage
One’s ability to update their information with healthcare insurance providers is based on their birth certificate. Proof of an amended birth certificate or ID is necessary to update gender or names in healthcare insurance data.
Healthcare insurance plans cannot ban coverage based on sex. Individuals with male designations cannot be denied cervical screenings; individuals with female designations cannot be denied prostate screening. However, sex discrepancies in insurance data may affect the timeliness of care.
Welfare Programs
One’s ability to update welfare information is determined by individual states and the Social Security Administration.
Due to Order 14168, individuals are not permitted to update their sex designation with the SSA. Individuals are permitted to update their names with benefit programs like EBT, SSI, EITC, or Medicare, but cannot change their associated sex designation.
Transgender individuals can change their sex designation and name information associated with Medicaid, TANF, WIC, Unemployment, and LIHEAP based on state law. This information is normally verified through an updated ID.
Voter Registration
All individuals are permitted to update their name on their voter registration. This is completed by submitting proof of one’s updated ID or driver’s license.
The legal name and address associated with one’s voter registration must be up to date. Without a matching ID, individuals may be denied at the polls based on state law.
Banking
All individuals are permitted to update their names with bank accounts and credit agencies. This is completed by submitting proof of one’s updated ID or driver’s license AND court order.
While updating financial information, make sure to update all loans, agreements, estate plans, trusts, wills, powers of attorney, and advance directives.
Social Security Card
Due to Order 14168, individuals are not permitted to update the sex designation on their Social Security card. Although no gender information is displayed on SSNs, there is a gender associated with the Social Security system.
Before Order 14168, transgender individuals could update SSN sex designation via the SS-5 application. Despite this barrier, gender information on Social Security should impact Medicare, Medicaid, or Marketplace healthcare coverage. Social Security Administration records MAY out transgender job applicants when verified by employers.
Name changes ARE permitted, which are completed with the SS-5 and proof of a court order.
Passports
Due to Order 14168, individuals are not permitted to update the sex designation on their passports. Name changes ARE permitted with a certified court order.
Passports issued before Order 14168 are considered valid. The emergency pause allowing transgender citizens to get updated passports was revoked, although Orr v. Trump is still in litigation.
Selective Service
Gender information cannot be updated with the Selective Service. All name changes must be reported via SSS Form 2.
All individuals assigned male at birth are required to register with the national military conscription service (Selective Service) within 30 days of turning 18. Individuals assigned female at birth are not required to register, but may opt in.
Immigration Documents
Due to Order 14168, individuals are not permitted to update the sex designation on their immigration identity documents. Name changes are permitted through a certified court order.
Relevant Cases: Trump v. Orr | FV v. Barron | Ray v. McCloud | Roe v. Johnston | Kalarchik v. State of Montana
Statutes & Amendments: Tenth Amendment | Fourteenth Amendment | Order 14168
Additional Resources: A4TE | Movement Advancement Project | Transgender Law Center | Trans Legislation Tracker | National Gay and Lesbian Task Force | NCLR | Immigrant Legal Resource Center | Immigration Equality | Vote411
👟 Transgender Athletic Protections: Title IX Frameworks & State Participation Bans
TLDR: Order 14201, by the Trump-Vance administration, bans transgender individuals from participating in competitive school sports, including K-12 and university. Order 14201 does not apply to noncompetitive sports clubs or activities, nor does it apply to sports outside of education.
Order 14201 states Title IX cannot include transgender individuals despite previous precedent. Due to this overreach in individual state policy, many states have taken 14201 to court.
The Trump-Vance administration seeks to use Order 14201 to ban all transgender individuals from competing in the US-hosted 2028 Olympics. The United States Committee and Paralympic Committee have preemptively complied, barring transgender competitors from joining US teams. HOWEVER, the President and domestic politics have zero bearing on international standards; the Trump-Vance administration cannot bar foreign transgender competitors.
Olympics
Olympic regulations are set by the International Olympic Committee. The IOC currently bans all transgender women from competing in women’s sports.
This decision, made for the LA28 Games, contradicts decades of previous IOC guidelines and research regarding transgender athletes. Conservatives have spent billions to astroturf anti-transgender research over the last decade, creating the misleading narrative that transgender women possess a permanent biological advantage to dominate competitions regardless of their transition status. Established research demonstrated that transgender women lose categorical biological advantages after three to five years of constant hormone replacement therapy.
Current IOC policy states that all women must pass an SRY genetic test to compete. Transgender women are “allowed to compete fairly as their biological sex.” The policy does not bar transgender men from competing if cleared by the World Anti-Doping Agency.
Crossfit
CrossFit Games reversed their long-standing transgender policy in 2025. All competitors must compete in the division that matches their sex assigned at birth. Before this change, transgender competitors could be placed in the correct division by providing medical documentation of their hormone replacement therapy.
Major League Baseball
Official MLB regulations state that all athletes must be assigned male at birth to participate in games.
Although the MLB has a strong anti-discrimination policy, there are few LGBTQIA+ players. It is unclear whether transgender athletes are permitted if they identify as male or if current regulations only use biological sex.
Major League Cricket
All transgender competitors were banned in 2023 through a decision by the International Cricket Council. The England and Wales Cricket Board barred transgender athletes in 2025 following the UK Supreme Court ruling.
Before 2023, transgender athletes could participate professionally under specific guidelines. Danielle McGahey was the only known transgender athlete to play in the MLC before the rule change.
Major League Rugby
All players within Major League Rugby must be male. Transgender women are not eligible to compete in the MLR. Transgender men are permitted to participate by providing medical documentation of their transition.
Due to the current unscientific and scare-tactic-based IOC policy, transgender athletes must compete as their biological sex in Olympic rugby games. Due to preemptive compliance with Order 14201, transgender Americans cannot compete in any Olympic rugby events with USA Rugby.
International Gay Rugby allows competitors to play in the Men’s, Women’s, or Open Divisions. To participate in sex-segregated divisions, athletes must provide medical documentation of transition.
Major League Soccer
Major League Soccer does not have a uniform policy regarding transgender athletes. MLS evaluates competitors on a case-by-case basis.
MLS operates under the US Soccer Federation and FIFA. FIFA currently allows transgender athletes to compete in the correct category with medical transition documentation, although this is under attack by the Trump-Vance administration.
Due to the current unscientific and scare-tactic-based IOC policy, transgender athletes must compete as their biological sex in Olympic soccer games. Due to preemptive compliance with Order 14201, transgender Americans cannot compete in any Olympic soccer events.
National Association for Stock Car Auto Racing
NASCAR races are not segregated by sex, so transgender individuals are allowed to freely compete in professional events. Similar rules apply in Formula 1 racing, the Grand Prix, and other racing leagues.
While not common, transgender racers are welcome to participate, such as former motorsports champion Terri Leigh O’Connell.
National Basketball Association
The National Basketball Association does not have any restrictions limiting transgender competitors from participating. NBA regulations permit all skilled individuals to participate, regardless of gender identity.
The Women’s National Basketball Association permits transgender individuals to compete, including transgender women. The WNBA utilizes a Collective Bargaining Agreement to protect players’ rights to participate regardless of gender identity.
The National Collegiate Athletic Association and National Association of Intercollegiate Athletics have restricted women’s sports participation to only individuals assigned female at birth since 2022. Both leagues permit transgender men to play on male teams. However, the NCAA and NAIA are additionally restricted by Order 14201.
National Football League
The NFL allows all skilled individuals to compete, regardless of gender identity.
College football teams are organized by the NCAA and NAIA, which the NFL scouts for potential professional players. Transgender women are not permitted to play on women’s teams, but transgender men may play on male teams. However, NCAA and NAIA teams are restricted by Order 14201.
National Hockey League
The NHL allows all skilled individuals to compete, regardless of gender identity. However, no transgender players have been accepted; only three cisgender women (Manon Rhéaume, Hayley Wickenheiser, and Kendall Coyne) have played for the NHL.
Due to the current unscientific and scare-tactic-based IOC policy, transgender athletes must compete as their biological sex in Olympic hockey games. Due to preemptive compliance with Order 14201, transgender Americans cannot compete in any Olympic hockey events. Co-ed programs are open to all players in USA Hockey, regardless of gender identity.
National Lacrosse League
The NLL allows all skilled individuals to compete, as long as they identify as male.
Amateur and youth lacrosse leagues are guided by USA Lacrosse. Despite being affiliated with the United States Olympic Committee, transgender athletes are encouraged to play in programs that match their gender identity. USA Lacrosse does not require players to present medical documentation.
National Women’s Soccer League
The National Women’s Soccer League currently has no official guidelines regarding transgender players. Previously, the NWSL allowed transgender women to participate with medical transition documentation; transgender men were deemed ineligible to play upon beginning hormone replacement therapy.
Professional Women’s Hockey League
The PWHL does not have a public policy regarding transgender players, although they’ve been allegedly working on one for several years.
Previously, it was understood that transgender women could participate on female teams with documentation that they have been “living in their transgender identity for a minimum of two years.” Transgender men are permitted to play with approval, verifying approval with testosterone HRT. Nonbinary athletes may participate if they fall into either category outlined for transgender men and women.
Due to the current unscientific and scare-tactic-based IOC policy, transgender athletes must compete as their biological sex in Olympic hockey games. Due to preemptive compliance with Order 14201, transgender Americans cannot compete in any Olympic hockey events with USA Hockey.
Pro Volleyball Federation
Transgender women are not permitted to participate in events organized by the PVF, regardless of transition status. All athletes must be assigned female at birth to be eligible.
Due to the current unscientific and scare-tactic-based IOC policy, transgender athletes must compete as their biological sex in Olympic volleyball games. Due to preemptive compliance with Order 14201, transgender Americans cannot compete in any Olympic volleyball events with USA Volleyball.
US Golf Association
The USGA states transgender women must submit proof of medical transition before the start of male puberty to participate in women’s championships. Transgender men are fully permitted to participate.
The Ladies Professional Golf Association bars participation, only allowing individuals assigned female at birth or transgender women who transitioned before Tanner Stage 2. NXXT Golf requires all competitors to be assigned female at birth with zero exceptions.
PGA allows transgender athletes to compete freely in tournaments by submitting proof of their current gender status or medical documentation.
Ultimate Fighting Championship
The UFC does not have a public policy regarding transgender players. Instead, the UFC has delegated participation policies to state commissions, forcing eligibility to be determined based on state law.
Ultimate Frisbee Association
USA Ultimate allows individuals to participate in Men’s, Women’s, and Mixed Divisions with self-attestation. Athletes do not need to submit medical documentation to participate. USA Ultimate is currently considered one of the most progressive mainstream sports leagues.
Women’s National Basketball Association
The Women’s National Basketball Association permits transgender individuals to compete, including transgender women. The WNBA utilizes a Collective Bargaining Agreement to protect players’ rights to participate regardless of gender identity. The only known transgender player in the WNBA is Indiana Fever’s Layshia Clarendon.
The National Collegiate Athletic Association and National Association of Intercollegiate Athletics have restricted women’s sports participation to only individuals assigned female at birth since 2022. Both leagues permit transgender men to play on male teams. However, the NCAA and NAIA are additionally restricted by Order 14201.
Women’s Professional Fastpitch League
The WPF does not have an official policy regarding transgender athletes. Athletes Unlimited Softball and the World Baseball Softball Confederation permit transgender participants with medical documentation of hormone replacement therapy.
World Boxing Association
The World Boxing Association and World Boxing Council ban transgender women from competing in female divisions. Transgender individuals are permitted to participate in men’s divisions.
Due to the current unscientific and scare-tactic-based IOC policy, transgender athletes must compete as their biological sex in Olympic boxing matches. Due to preemptive compliance with Order 14201, transgender Americans cannot compete in any Olympic boxing events with USA Boxing.
World Karate Federation
The WKF allows transgender athletes to compete in Kata and Kumite based on gender identity by providing medical documentation of transition status. Transgender individuals must declare their intention to compete in gendered categories at least one year before their first competition. Transgender men must obtain an exemption from WKF Doping Control.
Due to the current unscientific and scare-tactic-based IOC policy, transgender athletes must compete as their biological sex in Olympic karate matches. Due to preemptive compliance with Order 14201, transgender Americans cannot compete in any Olympic karate events with USA Karate.
World Marathon Majors
Elite marathons enforce divisions based on sex assigned at birth, but the majority of marathons allow runners to compete as their gender identity. Rules for marathon competitions vary greatly by organizer since there are no governing bodies. Many non-elite marathon competitions do not require medical documentation, although some may abide by hormone replacement therapy requirements outlined by the 2015 IOC.