Guidance for Virginia's LGBTQIA+ Communities After Trump's Inauguration

Early executive actions are already being implemented across the federal government. As of now, we expect to see the most immediate direct impacts to four groups:

• Immigrants, Refugees, and Asylum Seekers. The new administration issued numerous executive actions in this space, along with active federal legislation. We urge those in these communities to seek legal resources and representation as you are able and to stay in connection with groups providing guidance specific to these areas of policy.
• Trans People Held in Federal Custody, including by the Federal Bureau of Prisoners and Immigration and Customs Enforcement. Executive action has instructed agencies to deny gender-affirming care to those in federal custody and to house incarcerated people  and detainees based on sex assigned at birth. We expect legal challenges, but urge those who are impacted to be in contact with legal representation.
• Those Seeking Gender Marker Changes of Federal Document (Passports, Social Security, etc.). For individuals who did not make these changes before the new administration, consider holding off on seeking any gender marker changes until there is clarity around the process and/or active litigation that puts this portion of the order on hold.
• Trans People Serving in the Military. The new administration issued an executive order barring transgender people from serving openly in the military and instructing that access to facilities for sleeping, changing or bathing is based on sex assigned at birth.

What May Change Soon

Executive orders have laid out significant and sweeping directives to federal agencies to implement policies and guidance based on a narrow, binary definition of sex assigned at birth. This will result in further changes to government services, grants, and programs impacting our communities.

If you have been or believe you will be impacted, we encourage you to stay up-to-date, as practical impacts of these policy changes continue to unfold.

• Executive Orders Are Not Law. They are instructions to federal agencies to take actions. While many things are evolving rapidly, we want to ground Virginians in some essentials: LGBTQIA+ people have always been here. We will always be here. While policies can change, WE are not going anywhere.
• Virginia Law Remains the Law. Virginia’s robust and longstanding protections for LGBTQIA+ communities remain fully in effect here in the state—including the Virginia Human Rights Act, which protects against discrimination in employment and public accommodations, like schools and healthcare settings. 
• Gender-Affirming Care Remains Legal in Virginia. With the exception of people held in federal custody, none of the new executive actions place immediate restrictions on current care. Here, in the state of Virginia, gender-affirming care remains legal.
• Existing Federal Documents and State Document Processes. For individuals who hold current federal identification documents with changed gender markers, those documents are still valid. For those seeking changes to state-level documents, the process for changing gender markers and names on Virginia driver’s licenses, birth certificates, and other documents has not changed with this order.
• Rulings on Workplace Discrimination and Marriage Equality. The Supreme Court decisions in Bostock v. Clayton County (employment non-discrimination) and Obergefell v. Hodges (same-sex marriage equality) remain unchanged. For Virginians, it’s imperative we remove the same-sex marriage ban in our constitution and replace it with an affirmative right to marry to give Virginians additional layers of protection against future actions.

Legal challenges are already filed or in the works for many of the executive orders the Trump administration issued. litigation, public comment and advocacy to push back where harm is being done to our communities.

For both individuals and organizations, one of the most essential pieces of guidance we can offer is to continue to seek out and share updated, accurate information. It is important that we stay grounded in the facts and provide support and reassurance to our communities.

For Individuals

• Ensure Your Legal Documents and Directives Are in Order. Regardless of your identity or status, we encourage individuals to take the time to review your documents and to have information prepared and readily available—especially if you are traveling.

• Follow Along with Equality Virginia, ACLU of Virginia and Other Partners. There will be resources, community events, and opportunities to take action in the coming days and weeks ahead. Follow along with us and our partners in this space to be part of that shared work.
• Be an Advocate in Your Circles. Stand up for values of welcome and inclusion and continue to be an advocate in your families, communities, workplaces, organizations, and other spaces.
• Support the work. Donate, volunteer, and support calls to action from organizations like ours. All of us have a place in the work ahead.

For Organizations

• Support Impacted Communities. We urge fellow organizational leaders to take time in the coming days to check in and support employees, clients, and partners who are part of affected communities. We encourage organizations to consider what resources and institutional influence they have to support those most impacted in Virginia and beyond.

• Stand Strong in Your Commitments. We know that organizations and institutions will face increasing cultural and political pressure to back down from commitments to support diverse communities. Inclusion isn’t just the right thing to do – it’s good for businesses and organizations. Don’t let a shifting environment deter you from the investments, partnerships, and promises you have already made.

Equality Virginia

Equality Virginia advocates and organizes across Virginia to build a future where all Lesbian, Gay, Bisexual, Transgender, Queer, and broader spectrum of people (LGBTQIA+) thrive.

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ACLU of Virginia

ACLU of Virginia promotes civil liberties and civil rights for everyone in the Commonwealth through public education, litigation, and advocacy with the goal of securing freedom and equality for all.

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