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Post-Election Update: Preparations for Transgender Americans

As we continue to process news coming in about last week’s election, and in light of the fact that in electing Donald Trump to be the 47th President, the United States has shown, in a broad sweeping gesture, that the estimated $215 million spent on anti-trans ads was effective messaging for an outsized portion of the population.

To that end, Garden State Equality wanted to uplift the following checklist for our New Jersey constituents, as provided by transgender journalist Erin Reed’s “Erin in the Morning” newsletter.

Some have already started working down this list; and not every suggestion may apply to every trans and nonbinary person.  For some, planning to move is not feasible for any number of reasons.  Some transgender people will choose not to change names or gender markers, for any number of reasons. But we firmly believe that having all accurate information, and the options to choose, are key to our success as a community.

Excerpted below, please find Erin in the Morning’s Steps For Transgender People Preparing For Federal Crackdowns Under Trump

Obtaining or updating your passport. Obtaining a federal passport is a crucial step for transgender individuals, as it serves as a valid ID in most places and is necessary for international travel. Passports also let you change your gender marker via a simple selection checkbox, making the process of having your official gender marker hassle-free. This last point is especially important—anticipated federal crackdowns could soon make it impossible to update your gender marker on federal documents and might even affect state IDs. Passports are valid for ten years, and some states allow you to align your gender marker with the one on your passport, making this action essential, even if you don’t plan to travel internationally. And should the need for travel arise, you’ll be grateful you took this precaution.

Updating state documents and IDs. This step is crucial, as transgender people will need as many documents as possible that reflect their correct gender marker to navigate potential laws and regulations targeting them. Although most anti-trans laws specify that legal recognition of sex must align with the sex recorded at or near birth, enforcing these provisions is often challenging. In practice, having licenses and IDs that display an accurate gender marker can help transgender individuals avoid negative interactions and even defuse tense situations with officials. Additionally, obtaining such documentation may become more difficult in the future—Trump could, for instance, leverage laws like the Real ID Act to push for bans on correct gender markers on driver’s licenses.

Maintaining a supply of medication. Some individuals are taking steps to secure their access to gender-affirming medications, though this approach carries potential legal challenges. The Trump administration has indicated plans to sue pharmaceutical companies providing gender-affirming care, making medication access disruption a real possibility. Additionally, federal funding bans, threats, and investigations could further complicate access. States like California have announced intentions to enact laws protecting LGBTQ+ individuals from such federal actions. For individuals, practical methods to maintain a medication supply include underdosing to build an emergency reserve, working with a physician willing to prescribe extra medication, or obtaining hormones through online sources, though it is important to note that these steps are not without legal or personal risks.

Changing your social security office gender marker. This is a step many people overlook, as they may not realize that the Social Security Administration maintains a gender marker on file. If future policies restrict the ability to update identification documents, updating your gender marker with Social Security could help prevent mismatches that might flag your identification within federal systems. The process is straightforward, with an online portal explaining which form to complete and where to submit it. Most people will need to bring the form to their local Social Security office. Fortunately, changing one’s gender marker is as simple as checking a box—no court orders or medical documentation required—making it a relatively quick step to complete.

Consider moving now, if you want to. For many, relocating is a significant and complex decision—and it’s important to acknowledge that moving isn’t a viable option for a large portion of the queer community. Financial limitations, legal or personal circumstances, and a desire to stay and fight all keep many people rooted in their home states. However, for those considering a move, this may be an opportune moment to finalize those plans. Anti-trans legislation and actions could escalate quickly, potentially even before Biden’s presidency concludes, especially with looming budget negotiations. While the exact scope of potential executive actions remains uncertain, many of the steps outlined here may become far more challenging once such actions are in place.

To determine which state is safe to move to, watch for updates to Erin’s Trans Legislative Risk Assessment Map.

Make decisions around staying or going “stealth.” A recurring topic in discussions about preparing for a Trump administration is the role that going or staying “stealth” may play in ensuring safety. For transgender individuals, “stealth” refers to living in one’s gender identity without disclosing that one is transgender. For many, this involves extra attention to makeup and voice training to pass as cisgender and blend in. For transgender youth, it often means not informing school officials about their gender identity. Such steps may become critical, as schools could feel pressured by the Trump administration to enforce restrictions on trans youth, even in blue states. For trans adults, staying stealth could also offer a measure of safety in the face of increasingly common bathroom regulations.Relying on local community allies. One essential action transgender people and allies can take is to support community organizations, legal funds, and other resources. Historically, when restrictive laws have targeted the LGBTQ+ community, it has been crucial to connect with groups of LGBTQ+ individuals who can provide mutual support and safety. When choosing organizations to support, state and local groups are particularly valuable, as they offer the most current information on relevant laws and can advise on the best ways to address new challenges under a Trump administration. These organizations are also well-positioned to navigate the specific legal processes and advocacy opportunities within local communities.

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