Frontal attack on queer rights in the USA

Donald Trump has only been in office since mid-January and has already signed a plethora of executive orders that make life particularly difficult for trans and nonbinary people. Although most of these have been challenged in court—with an open outcome—the mere uncertainty about what will happen next is a huge burden.

Text: Ralf Kaminski

In Republican-controlled US states, the queer community has been facing a tough time for some time. Hundreds of laws have been drafted and, in some cases, passed in recent years to restrict the rights of trans and nonbinary people in particular. At the same time, conservative politicians have forced countless school libraries to remove books whose content does not conform to their worldview—including many queer works.

It was to be feared that this policy could spread throughout the country during Donald Trump's second term. But the rapid pace the re-elected US president demonstrated in this area surprised many. The blueprint for this is likely "Project 2025," a far-reaching plan by the highly conservative Heritage Foundation for political and social transformation in the USA. It also includes various measures to restrict the freedoms and rights of queer people.

Will Trump abide by court rulings?

Although Trump distanced himself from "Project 2025" during the election campaign, he is now effectively implementing many of his executive orders, including numerous anti-queer initiatives. These are already impacting the lives of LGBTQIA+ Americans – from healthcare to legal recognition to protection from discrimination. And even though lawsuits have been filed against almost all of Trump's executive orders, uncertainty remains high: What will the courts decide? And will the president abide by the rulings if they don't go his way?

Many anti-queer conservatives are also pinning their hopes on the all-powerful Supreme Court, as they still can't accept the fact that gay and lesbian couples have been allowed to marry nationwide since 2015. It was the Supreme Court that decided this ten years ago – now there are various lawsuits in Republican-governed states seeking to have it revisit the issue. They hope that the decision will be different now that six of the nine justices belong to the conservative camp. Here, too, it remains entirely unclear what will happen next. Should the court decide to overturn the 2015 ruling and leave it to the individual states to decide how to address the issue – as with abortion – a chaotic patchwork of issues is likely to emerge in this area as well.

AN (INCOMPLETE) OVERVIEW OF TRUMP'S MOST IMPORTANT DECREES:

• Reclassification of “sex” as a fixed biological fact: On the first day of Trump’s term in office, Executive Order 14168 was issued, which officially recognizes only two genders, male and female.

• Repeal of Title IX policies from the Biden administration, which were intended to protect queer students from discrimination in schools and universities.

• Prohibition of gender reassignment care for persons under 19 years of age, including medical, surgical and psychiatric services.

• Exclusion of trans and nonbinary Americans from the military draft, as well as suspension of gender-affirming care for soldiers and veterans, on the grounds that "the adoption of a gender identity inconsistent with one's sex conflicts with a soldier's commitment to an honorable, honest, and disciplined lifestyle."

• Repeal of policies that prohibited adoption and foster care agencies from discriminating against queer people and same-sex couples.

• Ban on trans women competing against cis women in sports – not only in professional sports, but also in schools and universities.

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"YOU CAN'T JUST HATE EVERYONE WHO VOTED FOR TRUMP"

Tams, a queer American who has been living in Switzerland for some time, is shocked by Donald Trump's radically anti-queer agenda. She is happy to have found a safe place for herself in Europe. Despite everything, she hasn't given up hope for her country.

Text: Corin Schäfli

How do you assess the start of Donald Trump's second term? Did you expect this, or are you surprised?

Thematically, it's what I expected. But the political restructuring plans formulated in "Project 2025" initially seemed dystopian to me. I never would have imagined the Trump administration would implement so much of it so quickly. They're doing things that would have been considered crazy five years ago—even though most of them have been challenged in court. However, we don't yet know whether rulings critical of Trump will ultimately be enforced. If no leading Republican stands up against him and the administration doesn't respect the court rulings, the US may never recover from this period.

Trans people are particularly affected by Trump's anti-queer decrees. How do you experience this?

It's heartbreaking to see what's happening. A friend of mine has a trans child and is already trying to leave the country. Several other families are doing the same. An acquaintance of mine is trying to help a friend come to Switzerland, but the persecution of trans people in the US isn't yet considered grounds for asylum. So she'll likely only be able to stay for three months, and if she has to return after that, things could be even worse.

"I grew up in a social bubble of very right-wing, military-minded Southerners. So I never heard anything other than the Republican perspective."

You yourself grew up in a very republican environment. What was your experience like that?

My family is originally from South Carolina. But because my father was in the military, we moved about every three years. In the US, we lived in Idaho, Missouri, and California, as well as in England and Scotland for a time. So I was in a lot of different environments, but I grew up in a social bubble of very right-wing, military-minded Southerners. So I never heard anything but the Republican point of view. Until I traveled to Europe for college in 1997 and then moved to California, I simply had no other access to information, and so I actually believed I was heterosexual, monogamous, and Republican. I knew there were heterosexual and homosexual people, but I didn't even have the vocabulary to understand what I was.

How has this changed?

By meeting new people. A friend who never lectured me or corrected me, but sometimes simply asked the right question at the right moment, helped me with this. I still believe that making people think is the right approach instead of attacking them. It didn't change everything for me at once, but I began to doubt right-wing politics. During the Bush/Gore election in 2000, I spent days filling out questionnaires to figure out who to vote for – and in the end, I didn't vote because I always ended up in the middle. But when Barack Obama ran for office in 2008, everything was much clearer to me. I fully supported his ideas and volunteered for his campaign.

Wasn't Obama also against same-sex marriage at the beginning of his term?

Yes, but back then, I didn't do as much research as I do today. He was also committed to DEI (Diversity, Equity, and Inclusion) policies and explained them in a way that convinced me and aroused empathy in me.

Tams (far right) at a queer rights demonstration in Columbia, South Carolina.

Was that also the time when you came out?

Yes. At first, I considered myself bi-curious, but today I would describe myself as homoflexible (bisexual, but with a stronger attraction to my own gender). I'm fortunate to be in a relationship that accommodates all of that. My husband and I are still together, but we both have other relationships. He was liberal from the start. He was pleased with my political development and is happy to let me be myself.

How did your family deal with your coming out?

Shortly before Donald Trump was first elected in 2016, I came out to my parents, and they didn't speak to me for months. When we started talking again, we just couldn't stop arguing. I was already living in Switzerland at the time and didn't see my parents during his entire first term. Then COVID hit, and I had to stay away even longer. The topic always led to even more arguments than we already had.

How did it come about that you traveled back to the USA?

My father became ill and was placed in a hospice, where I visited him regularly. To avoid arguments, we simply decided not to talk about politics at home. With Trump's second term, the issue shifted for me from my family to the public. When I returned to the US after his election, I felt unsafe entering the country for the first time. I covered my rainbow tattoo at immigration because I was afraid of being detained. I never used to feel afraid at the border because I'm a citizen. Now I feel like I belong to a persecuted group.

"Our queer children aren't receiving the information they need at school to understand their situation and their country. The relevant books are banned, and teachers are silenced."

What is your biggest concern for future developments in the US?

The SAVE Act. This bill requires that one must prove their identity with a birth certificate or passport in order to vote. However, the vast majority of US citizens do not have a passport. And for most married women or trans people, the birth certificate contains a different name than their current one. This isn't just about misogyny and transphobia, but also about staying in power: anyone who potentially doesn't vote for the Republican Party is to be disenfranchised. It's also frightening that the government is increasingly taking control of what can and can't be taught in schools. In this way, it is essentially changing history for younger generations and erasing those voices and memories that the current administration doesn't like. Our queer children won't receive the information they need in school to understand their situation and their country. The relevant books are banned, and teachers are silenced. And the children who are not queer will not know that we even exist because we have to remain silent.

What are you doing to engage without putting yourself at risk?

People tell me to stop posting on Facebook, which is especially difficult when I'm in Switzerland and can't demonstrate in person. I feel like I can make a difference online by patiently reaching out to those I know who are unsure. During my last stay in the US, I participated in two demonstrations in Columbia, South Carolina. One was a 50501 demonstration (50 states, 50 marches, 1 voice), the other a women's demonstration. We held signs, circled parliament, and chanted slogans loudly, like you see on TV. People in passing cars honked their horns when they agreed and gave us the middle finger when they disagreed. There were some interesting speeches. The message was that you can't just hate everyone who voted for Trump. Because many of these people haven't yet realized what they voted for. And if they realize they've made a mistake, we want them to feel welcome.

"It is primarily the lawsuits against decrees and draft laws that have the greatest chance of keeping the situation stable. Even if it is unclear whether the Trump administration will respect the courts' decisions."

What do you think about the Democratic Party's response to all this?

At first, they didn't do much and were far too quiet. But fortunately, that's changed now. However, I think it's the lawsuits against bills like the SAVE Act that have the greatest chance of keeping the situation stable, even if it's unclear whether the Trump administration will respect the courts' decisions. But at least they can delay certain developments.

What helps you cope with these difficult times?

Black humor. I love the penguin memes, for example. I've also changed how I consume news: I rely less on official sources and instead follow people on social media who can present things in a way that makes me feel less hopeless. Of course, this changes the speed at which I receive information, and I also have to back it up with more research. But it's too frustrating that the official sources often don't even report on the protests. I'm also trying to stay positive: If we can find a way out of all this, it might actually make us stronger. Because what's happening now is showing us the flaws in the system that allowed it to get this far—and then we'll be able to fix them. I'm just not ready to give up hope yet, and in the queer and liberal community, I get the support I need to do that. We still believe that the USA is our country, too.