https://www.reddit.com/r/MtF/comments/1i6bbxd/a_legal_researchers_guide_to_trump_antitrans/
created by JessicaPink703 on 21/01/2025 at 05:15 UTC*
1678 upvotes, 117 top-level comments (showing 25)
With misinformation going wild on this forum and all over the internet, and me having spent the entire day trying to put out the fire, I am going to set the record straight for what Trump's anti-trans executive orders do and don't do:
[1] They DO kickoff a rulemaking process to ban Passport gender changes, but DON'T ban them right away: There will be at least a 60 day comment period before Biden's old rules fall. If you put in an expedited application for a gender change right now (even if you haven't finalized your name change yet for those in process, you can amend your name later but not your gender), you can still self select your new gender if you move NOW! Posting this at the end of inauguration day.
If you are able to amend the gender/sex on your Birth Certificate in your birth state and are not nonbinary, you are unaffected as you can apply anew (with surrendering any old Passports beforehand if applicable) with an amended Birth Certificate under both any new or old rules.
[2] They DON'T impact Social Security records: Social Security is an independent agency not subject to the whims of the President nor Executive Orders, ran by an official who can only be fired for cause and not for disobedience. Gender change bans on records are not happening right now.
[3] They DO setup effective permission for transphobic officials to try any action through lawsuits, threats, or the rulemaking process any other intimidation of the trans community or attempt to restrict our rights. The traditional institutional guardrails have been taken off. Of course, we will fight many of these in the courts and win (even if SCOTUS decides against protecting trans rights constitutionally) due to most of the big changes he wants needing legally to go through Congress.
[4] They DON'T affect name changes at all, these are managed by states and there is no proposal to change that or not recognize our name change orders.
[5] They DON'T change any rights your state gives to you (read up on your state constitutional and state civil rights laws), your federal Civil Rights protections (even if the executive branch refuses to enforce it, you can still take them to court), federal law, the constitution, or anything like that. This ONLY affects how the Executive Branch operates, not anything or anyone else.
[6] Finally, updated Passports with amended gender markers cannot be reversed due to being validly issued under different regulatory regimes. They normally last for ten years before expiring, we will outlast this clown.
I welcome your comments and questions below! <3
Edit: With the lack of genuine comments 24 hours later (almost entirely trolls) and hundreds of questions covering every little detail answered below, I am no longer monitoring replies on this post. For individuals with special circumstances I did not cover, please feel free to send me a Reddit DM.
Comment by WallyBitesTheDust at 21/01/2025 at 05:36 UTC
376 upvotes, 6 direct replies
I’m worried about my medicare and medicaid coverage for hormones and planned procedures.
Comment by tGothGurl at 21/01/2025 at 06:26 UTC
49 upvotes, 1 direct replies
Issue: the webpage on the actual government site has taken down the page on updating the gender marker on your passport
Comment by ObstructedVisionary at 21/01/2025 at 05:19 UTC
143 upvotes, 2 direct replies
I wish I'd seen this. I cracked completely in october and I only refrained from changing my legal docs until harris won bc I assumed the trump admin might target me or make me undo everything, or make ot harder to leave the country
Comment by Vermbraunt at 21/01/2025 at 06:05 UTC
75 upvotes, 1 direct replies
As a kiwi trans girl I'm so sorry for you trans girls up in the states. I love you all and stay strong and fight hard.
Comment by alvysaurus at 21/01/2025 at 05:29 UTC*
61 upvotes, 1 direct replies
Thank you for this! I had no idea the Social Security admin was outside of the power of executive orders. That's awesome news, I was afraid that we'd have to spend time writing to governors to ask them to update their policies to stop checking with them before issuing updated IDs. Can you expand on why the SSA is outside of executive orders, or direct me to something I can read about this? Doing a little searching myself has lead me to seeing that they have a new acting Commissioner and that they obeyed an EO from Biden to make it easier to get benefits. EDIT: I found information about it's founding. I'm guessing the Commissioner has voluntarily followed the EOs in the past? Unfortunately there's a new acting one as of today, so I expect the rules update will follow.
I am wondering if you know how bathrooms in Federal buildings and companies with Federal contracts will impact those of us with updated Gender markers on state and federal IDs. I've been getting mixed signals so have been assuming the worst. Thanks again!
Comment by Polibiux at 21/01/2025 at 05:44 UTC
24 upvotes, 1 direct replies
I appreciate a legal expert’s explanation here. This elevates some of my concerns, though I’m scared it won’t matter with a criminal scotus.
Comment by corncrakey at 21/01/2025 at 05:44 UTC*
20 upvotes, 3 direct replies
Thank you for this 💜
A couple questions - I’m applying for my first passport as an adult (as in, I had one when I was 14 that has since expired)
1. The application asks if I’ve ever been issued a passport before. I have, but the only subsequent information I can provide about it is the name that was printed on it. Is that okay?
2. I know I need to provide my birth certificate as proof of citizenship. While I’ve legally
changed my name/updated it with social security, I still haven’t amended my birth certificate. Would I be okay if I brought my birth certificate and a court order of name change? Or does my birth certificate need to be updated too?
Comment by IShallWearMidnight at 21/01/2025 at 06:28 UTC
22 upvotes, 1 direct replies
Thank you so much for this. I feared I fucked up bad by procrastinating my passport. I needed someone level headed and knowledgeable to sort me out. And now I can be level headed and knowledgeable to others. Much appreciated!
Comment by [deleted] at 21/01/2025 at 05:43 UTC
25 upvotes, 2 direct replies
I do hope a lot of this is true. I do have a question though, should we be concerned about REAL ID affecting the ability to change gender markers on Driver’s Licenses?
Comment by Massive_Cup8721 at 21/01/2025 at 05:48 UTC
9 upvotes, 1 direct replies
so dose this affect medicaid in any since, btw I live in co idk if that effects anything
Comment by RightWordsMissing at 21/01/2025 at 05:54 UTC
8 upvotes, 1 direct replies
I live abroad and have preexisting legal documents in transphobic countries to which I intend to return already in my AGAB (studies). I fear I cannot safely travel on a passport that shows a sex different than the ones I have there.
Am I in danger if I don't update? I'm rather scared.
Furthermore, can I claim to be a cis woman and ask to have my passport "fixed" by showing a correct-gender birth certificate? I was born in a VERY blue state.
Comment by cocainagrif at 21/01/2025 at 06:27 UTC
8 upvotes, 2 direct replies
it sucks that I was born in Mississippi. even though I live in a better state now, I can't get my birth certificate changed without proof of surgery, and I don't have that.
Comment by [deleted] at 21/01/2025 at 16:39 UTC
7 upvotes, 1 direct replies
I did this this morning and went to my local post office to ship it off.
Comment by Ferretomen at 21/01/2025 at 05:44 UTC
15 upvotes, 0 direct replies
Thank you for this. I updated my passport leading up to the election out of an abundance of (apparently unfortunately correct) caution over the outcome. Hopefully you’re correct they’ll be unable to retroactively invalidate my gender on it.
So that’ll be an issue for 10 years in the future me!
Comment by farkakter at 21/01/2025 at 07:26 UTC
8 upvotes, 1 direct replies
how long do you think we realistically have to change our gender marker on our passports? i'm in college and i have the forms ready to get a passport but i have to get my birth certificate from my parents still and i'm worried that i won't be able to do so in time
Comment by JessicaPink703 at 21/01/2025 at 23:52 UTC*
7 upvotes, 0 direct replies
A little bit of context to my Emergency Update:
At this time, enforcement for non-binary people on this is clear. Enforcement mechanisms for binary trans people are unclear, this is coming from the Press Secretary and not the State Department that actually manages Passports and would be responsible for regulations and enforcement. We are ultimately waiting to see what the new administrative rules are going to be. Might be a bit tricky and unlikely to reverse gender changes already granted upon renewal, as they will have already been processed for the change in the case file (and being unable to tell errors vs trans people easily). Wouldn’t be surprised if this transphobe who doesn’t work for the Department of State is speaking out of her butt not knowing how or if that part will be implemented.
Remember too, those who can amend their Birth Certificate’s sex/gender can surrender their old Passport and apply anew with their corrected certificate. Those who can’t are the ones who need to be potentially worried if it expires during Trump’s term.
Comment by Elyssana at 21/01/2025 at 05:54 UTC
4 upvotes, 2 direct replies
How much does it cost to get a passport?
Comment by gothicshark at 21/01/2025 at 07:07 UTC
3 upvotes, 1 direct replies
What about TSA check points when leaving the country.
Comment by Toggy_ZU at 21/01/2025 at 08:40 UTC
6 upvotes, 1 direct replies
I just renewed my passport without updating my gender marker specifically because I haven't started physically transitioning yet. I won't feel comfortable trying to pass for femme until I've been on HRT for a bit. I really don't think updating the gender marker on my passport is a good idea before the ban goes into effect so I'm not sure what to do.
Comment by chillfem at 21/01/2025 at 06:13 UTC
14 upvotes, 4 direct replies
Are the TSA going to become gender police at airports? And I feel there will be civil outrage throwing fully post op cis passing vagina having trans women into mens prisons.. I don't think the majority of society would agree with that.
Comment by FHeadFHead at 21/01/2025 at 06:35 UTC
5 upvotes, 2 direct replies
I’m going through the green card process here! Do you know if the comments on passports (60 days etc) apply also to new green cards?
Comment by NyteShark at 21/01/2025 at 06:39 UTC
4 upvotes, 2 direct replies
Question:
I have all my legal transition stuff sorted out correctly except for my passport. I just hadn’t gotten around to it. If I submit the appropriate paperwork ASAP could I get that corrected successfully still?
Comment by A-passing-thot at 21/01/2025 at 07:34 UTC
2 upvotes, 1 direct replies
[2] They DON'T impact Social Security records: Social Security is an independent agency not subject to the whims of the President nor Executive Orders, ran by an official who can only be fired for cause and not for disobedience.
Can you clarify what you mean? Isn't SSA ran by a commissioner appointed by the president? And Trump appointed someone (Frank Bisignano) to that role.
Couldn't they use SSA records (or passport records) to identify anyone who's had their gender markers changed in the past?
Comment by HotPinkMonolith23 at 21/01/2025 at 12:33 UTC
4 upvotes, 0 direct replies
tytyty there is so much hysteria online it’s hard to tell what is actually happening
Comment by collapsing_souffle at 21/01/2025 at 14:33 UTC
4 upvotes, 1 direct replies
What if I changed my name and gender previously but didn’t finish updating it in a couple of places? Specifically with the military for veterans benefits. Is it too late to go to a deers office and do this?