During his campaign, President-elect Donald Trump made a number of threats regarding how the incoming administration will handle LGBTQ+ rights. Among the growing list of concerns, many LGBTQ+ people are worried that Trump and his allies could eliminate marriage equity, restrict gender expression and the legal recognition of trans identity, revoke access to trans-affirming health care and queer-affirming education, stifle progress in HIV/AIDS research, make LGBTQ+ parenting more difficult to pursue, and cause other potential problems that could emerge quickly or over the next few years.
On Nov. 29, Kansas Sen. Roger Marshall introduced the “Defining Male and Female Act of 2024,” a bill that aims to eliminate legal protections for trans and nonbinary youth and adults by eliminating the legal recognition of their identities. The bill isn’t likely to pass immediately, given that Democrats currently control the Senate — but this will change in early January when Republicans retake control. And many view the bill as a sign of what’s to come.
The ACLU anticipates the Trump administration will deploy three tactics against LGBTQ+ rights — removing anti-discrimination policies, implementing discriminatory federal policies, and using federal law to override state protections.
In response to these threats, legal experts shared their ideas on how to prepare for the next four years. Here’s what they said:
Stay informed
Philadelphia Family Pride is hosting a webinar on Wednesday, Dec. 4 where local legal experts will discuss the steps that LGBTQ+ Pennsylvanians should take to better protect themselves and their families.
“Certainly the announcements and pronouncements are pretty stark,” said Thomas W. Ude, Jr., director of legal policy at the Mazzoni Center — one of the participating lawyers, who is a gay man. The webinar, which will take place from 7 – 9 p.m., invites attendees to come with their own questions.
“What’s top of mind for each person is going to be a little bit different for each person,” said Ude, who said what will keep individuals safe will vary depending on personal circumstances and life experiences.
Ude suggested that all LGBTQ+ people stay up-to-date on local laws and conversations about statewide legislation — as this is what will have the greatest impact on daily life. Connecting with local LGBTQ+ organizations and leaders will help people understand what’s happening.
“Our Pennsylvania law has not changed since Trump was elected,” said Rebecca Levin Nayak of Hangley Aronchick Segal Pudlin & Schiller — who specializes in LGBTQ+ family law and is also participating in the webinar. “Our law in Pennsylvania is the same as it was. And after he’s inaugurated, he cannot change our state law.”
That’s up to Pennsylvanians.
Get your IDs
Ude also suggests that everyone get or update passports. This is crucial for anyone who might want to leave the country — even temporarily — during the next four years. Trying to establish an emergency fund will make that more possible too.
Ude recommends that trans people consider updating gender markers on their federal IDs — such as social security cards, passports and immigration records. These are straightforward processes that don’t require any documented “proof” of gender to change.
“Do that as quickly as possible — even if you haven’t started a name-change process,” he said, noting that rules permitting trans people to easily change gender markers could change quickly under Trump’s administration.
For most trans people, having identification documents that match outward expression will have a protective factor, Ude said — reducing experiences of discrimination and increasing safety in daily interactions. But for some nonbinary people, the decision feels trickier. They worry that a gender-neutral marker could make them a more recognizable target.
“It is such a highly individualized decision that the only person who can know what’s right for them is the person making that decision,” he said.
It might also feel important for some trans people to begin the name-change process in PA — which tends to be a bit more challenging, expensive and time-consuming. One aspect of the process requires public notice of the name change in newspapers — a step that can be waived due to the safety risk if people know to ask.
“A lot of actions people can and should take are governed under Pennsylvania law,” said Ude, underlining that this isn’t likely to change anytime soon.
The REAL ID Act also allows states to make determinations about how a person’s gender marker can appear on state-issued identification documents — so as long as that doesn’t change, trans and nonbinary people living in Pennsylvania can continue to choose affirming gender markers on Pennsylvania state IDs even as that new system rolls out.
Consider medical care
Right now, trans-affirming care, birth control, abortions, IVF, surrogacy and other LGBTQ+ specific medical care is legal in Pennsylvania. But for those worried about accessing care should there be major changes, many experts also recommend visiting trusted doctors to discuss emergency plans.
Some supportive doctors may help establish action plans or agree to provide care more discreetly. For instance, some trans people might receive HRT via pellet and pick up a 90-day injection supply to store in advance of need. This or other creative methods could cover half a year or more of medication but can come with legal or personal risks.
Establishing a financial or medical power of attorney — which legally grants someone permission to act on someone else’s behalf — can ensure LGBTQ+ people that affirming and supportive community members act as decision-makers rather than next-of-kin. Ude also recommends writing up legal documents that address specific medical decisions.
“It can be reassuring for the person carrying it out to have some specifics about what someone’s priorities are,” Ude said.
Advance directives allow people to plan for their own future medical care in case they are unable to advocate for themselves during a medical event. Living wills, which are similar documents, specifically address end-of-life care. For free support developing these documents, Ude suggests using Prepare for Your Care — an online resource that follows a step-by-step process.
Ude explained that wills — which designate how someone’s property and assets will be distributed after death — are also important. Pet-care directives are also available and can be a legal guide even if temporary care is needed.
“Pennsylvania allows someone to designate who they want to handle their funeral arrangements and disposition of remains — which can appear in a will but can also be handled by a separate document,” Ude added, noting that this aspect of end-of-life planning is often overlooked.
Although lawyers can ensure these documents meet all the requirements to hold up in court if they’re challenged, Pennsylvania also honors hand-written wills. But those still need to be notarized and witnessed.
The Mazzoni Center, the Senior Law Center, and a number of other organizations can support LGBTQ+ people who can’t otherwise afford legal advice.
Protect your family
Some are rushing to get married because they don’t know how long this right — and the legal privileges that come with it — will last. The National Center for Lesbian Rights recently shared that the organization doesn’t believe LGBTQ+ marriages are at risk for being invalidated or that future marriages will be banned.
But LGBTQ+ marriage is still an important issue to consider during family planning, said Nayak. While she underlined that no one should feel pressured to get married, marriage offers certain protections and makes establishing parentage a more straightforward process.
Because Pennsylvania does not have a uniform parentage law, people establish parentage in a few different ways — including court orders. Nayak strongly encourages LGBTQ+ people with children to pursue confirmatory adoptions — which legally recognize parents who are not biologically related to their children. This is important even if court orders exist, Nayak said, as adoptions clearly establish parents’ relationship with their children in language most people understand.
“Everyone knows what an adoption is,” Nayak underlined, noting that this is an added layer of security. “Not everybody knows what a parentage order is.”
Nayak recommends that LGBTQ+ people who are not married but are planning to have children consult an attorney about legal benefits and drawbacks of marriage early on in the family planning process before making decisions.
“In some counties, if you’re not married, you don’t have access to the confirmatory adoption,” she said. “But there might be other options.”
For those who are still in planning stages, Nayak recommends the parents-to-be remain informed about state laws and get involved in Pennsylvania efforts to assure protections.
“Because if we have good statutes in Pennsylvania, then we have less risk if any presidential decisions are reversed,” she said.
For those seeking IVF, a chosen clinic or doctor may be located in a state with laws that differ to Pennsylvania. For those choosing surrogacy, it’s important to know the laws in the state where the gestational carrier resides. Pre-birth parentage orders for surrogacy are permitted in New Jersey and Pennsylvania — and those legal documents should hold up when traveling to other states.
For families seeking adoption through an agency, Nayak recommends learning as much as possible about potential religious beliefs or other practices and policies that could impact an LGBTQ+ person’s ability to adopt through that agency. She encourages those interested to seek references and find a supportive organization based on the experiences of other LGBTQ+ families.
Estate planning is relevant to parents and families with an added consideration. Establishing guardianship via will in case of emergencies is also helpful. This is especially important for LGBTQ+ youth who need to be protected from family members who may not be affirming.