A crowd had gathered outside the U.S. Supreme Court in early December 2024. A 9-year-old child called Bird stands amidst this crowd, watching on as a critical case was being presented. The United States v. Skrmetti case held nationwide attention, particularly as it involved Tennessee’s provisions related to healthcare for transgender youth.
In a landmark move, Mr. Donald Trump made an announcement earlier that week. Esteemed attorney Harmeet K. Dhillon was selected to take on a remarkable new appointment – head of the civil rights division of the Department of Justice. Dhillon is celebrated by many for her unwavering dedication to Trump and his initiatives.
Even those who may not fully understand the intricacies of civil rights law are familiar with Dhillon’s outstanding legal work. Always an active advocate, she particularly made headlines in 2022. Following up on the case of a distraught parent in California, Dhillon filed her lawsuit against the school that was accused of secretly manipulating the child into transitioning genders.
In the lawsuit, Dhillon powerfully argued against the overreach into familial life by these institutions. She stressed that the parents should always be kept fully aware of the complete range of their children’s educational records. The thought that schools might clandestinely form clubs or programs, designed to guide children into making life-changing decisions, was seen by her— and indeed many others, as against the spirit of the law.
Drawing from the strength of her arguments, Dhillon was able to secure a significant triumph for her client in the form of a $100,000 settlement paid out by the school district. Showcasing her mettle as a champion for parent-child rights, Dhillon embodies the wisdom of Trump’s choice for the position.
During this same year, Trump had made it clear that he would sign an executive order that would prompt every federal agency to halt promotional activities around sex or gender transition at any age. A statement that had sparked a nationwide discussion and debates around perceived intentions of federal agencies.
Many critics argued that the upcoming administration’s possible stance on laws and policies for transgender people’s rights could be more thought-out and nuanced under Trump. With this in mind, it’s clear that the legal framework for transgender rights on a national scale will be closely observed over the next few years.
Across the United States, rights for transgender individuals vary considerably from state to state. Vital sectors like healthcare, education, and participation in civic life are the most contentious issues under debate. Depending on the state, there could be strong anti-discrimination laws, or alternatively, restrictions on rights and participation.
On a federal level, the administration has often been receptive of trans rights across these sectors. Healthcare is a prominent case, with strides made in battling discrimination based on gender identity or sexual stereotypes. Federal employment laws have been adapted to offer protection to transgender individuals.
Under scrutiny are particular legal cases against restrictions on health care for transgender and gender-nonconforming youth. The federal government stands firm that these restrictions are unconstitutional, reinforcing their alignment with the preservation of individual freedom and civil liberties.
On a state level, responses have been decidedly mixed. Much focus has been placed on the tensions around public spaces, including schools and government buildings. Policies for locker rooms, sports participation, and bathroom use can vary greatly from one state to another.
Fourteen states, for example, have policies in place that restrict transgender access to bathrooms in K-12 schools or government buildings, or both. Matters such as health care are even more varied among the states.
Furthermore, 24 states currently have prohibitions in place against gender transition care for minors. It’s alarming to note that six of these states actively criminalize providing such care, an issue that has sparked much debate and controversy across the nation.
Legal issues impacting the transgender community are undoubtedly complex and multifaceted. The potential marginalization that could arise from legislative changes proposed under the new administration necessitate more attention.
Rightly so, the nation’s attention at this moment is focused on these topics, as we strive for understanding and fairness. Bearing this in mind, the fortitude and dedication of attorneys like Harmeet K. Dhillon are more important than ever before.
As we brace for any potential changes, the country will be watching for how legislations and protections for trans citizens evolve in the forthcoming years.