Why Are LGBTQ Rights at Risk Under Trump’s Leadership?

The LGBTQ community, traditionally aligned with the Democratic Party, has voiced significant concerns over Donald Trump’s political resurgence, fearing his return could erode hard-won rights. These fears stem from political setbacks and judicial appointments during his previous term, often viewed as hostile to LGBTQ individuals.

The LGBTQ community’s ties to the Democratic Party strengthened in 1993 when President Bill Clinton sought to allow gay and lesbian individuals to serve openly in the military. The effort resulted in the controversial “Don’t Ask, Don’t Tell” (DADT) policy, which prohibited LGBTQ service members from revealing their identities. While intended as a compromise, it faced criticism from both sides and led to the discharge of over 13,000 service members before its repeal in 2011.

As societal understanding of gender and sexuality evolved, so did the terminology. The term "LGB," coined in 1990 to represent lesbian, gay, and bisexual individuals, expanded to "LGBTQ," encompassing transgender and queer identities. Today, approximately 8% to 10% of the U.S. population identifies as part of this diverse community. In 2015, the US Supreme Court legalised same-sex marriage nationwide in the landmark Obergefell v. Hodges decision.

Trump’s presidency sparked anxiety among LGBTQ advocates, who accused his administration of rolling back critical protections. His alignment with conservative and religious groups, many of whom opposed LGBTQ rights, further fuelled this perception.

In 2017, Trump, in this previous term, announced a ban on transgender individuals serving in the military, reversing an Obama-era policy that allowed them to serve openly. This action, targeting a group representing just 0.6% of the population, was widely condemned as discriminatory and unnecessary. Advocates saw it as part of a broader agenda to marginalise LGBTQ individuals, particularly transgender people.

Trump’s judicial appointments heightened these concerns. Hundreds of conservative judges, many with anti-LGBTQ records, were appointed to federal courts. The most significant shift occurred on the Supreme Court, where Trump secured a 6-3 conservative supermajority by appointing Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. The Supreme Court, whose justices hold lifetime appointments, has the power to shape the legal and political landscape for generations through its decisions. While some rulings, like Gorsuch’s opinion in Bostock v. Clayton County, supported LGBTQ rights, the overall direction of the court raised fears about the future of same-sex marriage and other protections.

These concerns escalated after the Supreme Court overturned Roe v. Wade in 2022, ending federal abortion protections. Justice Clarence Thomas, in a concurring opinion, explicitly called for revisiting rulings on same-sex relationships, marriage, and access to contraception. This sent shockwaves through the LGBTQ community, signalling a potential challenge to the foundational decisions underpinning their rights.

Adding to the community’s unease is “Project 2025,” a conservative roadmap for a future Republican presidency. Critics argue that the plan could curtail LGBTQ rights by rolling back anti-discrimination protections and limiting access to education and healthcare. Although Trump has distanced himself from the initiative, many fear he will embrace its principles once he gets into power.

Some subgroups of the LTBTQ community within the broader electorate supported his presidency. Segments of the South Asian American community, for example, rallied behind Trump for his perceived strong stance against Islamic extremism. However, this support often conflicted with LGBTQ advocacy, which viewed his policies as hostile to equality and inclusion.

Advocates of the LGBTQ community are focused on safeguarding gains like marriage equality, workplace protections, and anti-discrimination laws, which are now at risk due to judicial shifts and conservative political strategies. Simultaneously, grassroots organisations, legal advocacy groups, and individual activists are mobilising for further progress, including advocating for the Equality Act to expand federal anti-discrimination protections.

Amid these challenges, advocates focus on safeguarding gains like marriage equality and anti-discrimination laws while pushing for progress through initiatives like the Equality Act. The community’s vigilance remains crucial as the fight for justice continues under shifting political tides.

(The author is a resident of Washington DC, US. Views personal.)