SF trans community bracing for 2nd Trump administration

  • by John Ferrannini, Assistant Editor
  • Wednesday November 20, 2024
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Honey Mahogany, executive director of the San Francisco Office of Transgender Initiatives, spoke at a November 18 rally to mark Transgender Immigrants Day. Photo: John Ferrannini
Honey Mahogany, executive director of the San Francisco Office of Transgender Initiatives, spoke at a November 18 rally to mark Transgender Immigrants Day. Photo: John Ferrannini

The defiance was as palpable as the crisp air on the steps outside San Francisco City Hall November 18 as members of the city's transgender and allied communities gathered to celebrate Transgender Immigrants Day. After all, it's only been two weeks since the election of Donald Trump to a second term as U.S. president — following a campaign in which rolling back trans rights was a major theme.

"We have got your back," said Honey Mahogany, a Black queer trans person who is the director of the city's Office of Transgender Initiatives. "The Office of Trans Initiatives is here to serve, here to support you, and here to ensure that here, in California, we are going to Trump-proof this state."

Trans leaders want the community to know they aren't helpless — especially in more accepting parts of the country like San Francisco — and they also want to provide information about how people can prepare for January 20, when Trump is inaugurated as the 47th president.

Trump proposals

Trump's campaign to return to the White House kicked off in 2022 on the heels of a resurgent anti-LGBTQ backlash nationwide, particularly with regard to issues affecting the trans community. Hundreds of anti-LGBTQ bills — on issues ranging from bathroom and sports access to identity documents and access to gender-affirming care — have been introduced in recent years, largely passing in conservative states.

In the closing stretch of the 2024 campaign, a TV commercial with the tagline "Kamala is for they/them, President Trump is for you" (referring to Democratic presidential nominee Vice President Kamala Harris) aired over 30,000 times and in every swing state. A Future Forward PAC analysis found it among the most effective of the campaign, swinging viewers 2.7% toward Trump after viewing it.

Trump made a number of promises in a video on his campaign's website that would, if enacted, affect the trans community. He promised to "sign a new executive order instructing every federal agency to cease all programs that promote the concept of sex and gender transition at any age." He could reverse the Biden administration's move to include trans people as part of the Title IX civil rights law, which could affect school policies on the use of pronouns and which bathroom and locker facilities students will be allowed to use.

Trump said that "any hospital or health care provider that participates in the chemical or physical mutilation of minor youth will no longer meet federal health and safety standards for Medicaid and Medicare — and will be terminated from the program immediately." Laws restricting or banning gender-affirming care are now on the books in 26 states.

Tatyana Moaton, Ph.D., a Black trans woman who is the director of strategic innovation and partnerships with the San Francisco Community Health Center, said she's concerned about the health care implications because Trump could undo a Biden administration rule to expand the Patient Protection and Affordable Care Act's section 1557. The statute prohibits discrimination on the basis of race, color, national origin, sex, age, or disability; the Biden administration interprets that to include prohibiting discrimination on the basis of gender identity.

"That could drastically limit access to gender-affirming care for transgender individuals," Moaton said.

Moaton also noted that Trump may seek to change people's identity documents; the Florida Department of Highway Safety and Motor Vehicles doesn't allow people to update gender on their identity documents anymore, she said, and under the new policy, trans Floridians who've already had licenses changed won't be able to receive a replacement license consistent with their gender identity even if their birth certificates have been changed.

Furthermore, licenses may be canceled, suspended, or revoked if the state finds someone "misrepresented" their sex.

"I will ask Congress to pass a bill establishing that the only genders recognized by the United States government are male and female — and they are assigned at birth," Trump has said.

Sasha Buchert, a trans woman who is the nonbinary and transgender rights project director at Lambda Legal Defense and Education Fund, told the B.A.R. that Trump "has made very clear statements he wants to redefine sex as it's understood in federal law and is taking that from some of the state legislation we've seen across the country."

"Given the rhetoric and the hostility, it wouldn't surprise me in the least" if Trump followed through on these promises, Buchert said, but she added it's worth remembering the "chaos and herky-jerky policymaking" of his first administration.

Buchert also said that "there are plenty of resources available to help with the name and gender change process" for identity documents, especially in the Bay Area.

The president-elect also said that "if any teacher or school official suggests to a child that they could be trapped in the wrong body, they will be faced with severe consequences, including potential civil rights violations for sex discrimination, and the elimination of federal funding." He also wants the Justice Department to investigate "Big Pharma and the big hospital networks to determine whether they have deliberately covered up horrific long-term side-effects of 'sex transitions.'"

Buchert said politically-motivated investigations are a possibility.

"It's difficult to ascertain what they have in mind, but as with the last Trump administration, there are folks involved with the administration who've expressed extreme animus targeting trans people and will be looking toward places like Texas where the attorney general has weaponized state bans on care to investigate certain entities," Buchert said. "This is care that is clearly protected in many parts of the country."

In the area of sports, Trump has pledged to interpret Title IX in a way that would prevent trans women from participating in women's sports. Buchert said that this may be blocked in the courts, as the Biden administration's Title IX interpretation was based on the U.S. Supreme Court decision in Bostock v. Clayton County (2020) that placed trans people under the aegis of the Civil Rights Act of 1964.

"The quarrel for how Title IX is interpreted is a quarrel not with Lambda Legal but with the courts, and the U.S. Supreme Court," Buchert said.

Nonetheless, expect an executive order on the matter, she said.

"They spent over $200 million on ads — it was their closing message — so it's clear they'll seek to enforce this in some way," Buchert said.

"They'll probably be a splashy executive order on day one, which likely will be challenged in court," she continued.

The last time Trump was in office, he decided to ban trans people from service in the U.S. military. President Joe Biden overturned that ban when he entered office.

Fighting back

There are a number of things individuals can do to protect themselves, people contacted for this article said.

Moaton, saying Florida's license change could portend similar moves on the federal level, said people should update any identity documents they can to reflect their current situation.

"Having identity documents updated will be important before the new administration," Moaton said. "They usually go after things they consider the softest target."

Mahogany also advised that people change their passports and update birth certificates.

"There are many reasons people may not change those things, but if it's something you've been meaning to do, don't put it off any longer," Mahogany told the B.A.R. in a phone interview. "Don't delay any of those really important things on your checklist that've been there for a long time. Now is the time to take action."

Mahogany said the "entire queer community" could heed that advice.

"If you've been putting off getting married to your partner, get married to your partner, because it will be much harder to invalidate a marriage that already exists," Mahogany said.

Buchert said, "One thing I would urge readers to consider is to get off social media."

"The algorithms are designed to continue to demoralize and outrage you and keep you fixated on that device, and from what I can see, it's really damaging to the community. That's the one thing I would urge readers — limit exposure to social media."

Moaton said organizing and getting involved with organizations on the ground is a powerful defense, too.

"I've said it before — San Francisco has been a beacon of hope for many," she said. "It has stood out as a true leader, one, being a sanctuary city, that sends a message to trans immigrants and those who are asylum seekers. Trans individuals, trans veterans, all of those folks are welcome in San Francisco. San Francisco as a whole and individuals in San Francisco are poised to make a statement — no matter what comes in this new administration, we will not stand idly by."

Moaton was referring to action taken this summer when the San Francisco Board of Supervisors declared the city a sanctuary for transgender and other gender-nonconforming people, as the B.A.R. reported.

At the state level, California has a law that provides refuge to trans kids and their families that was authored by gay state Senator Scott Wiener (D-San Francisco). It went into effect in 2023.

Katie Conrad, a pansexual San Francisco woman, is working to help with the effort of building community. She's the co-president of a new nonprofit, FLUX SF, that's seeking to hold events "that bring the trans community together in a positive way and provide resources, really just fostering a sense of belonging."

The first of those events will be Thursday, November 21, from 7 to 10 p.m. at the Tenderloin Museum, 398 Eddy Street.

"We'll have at least one sizable event per quarter and then smaller events on a more frequent basis," Conrad said in a phone interview with the B.A.R. "The goal of our events is to address that and make sure people have that community they can lean on. All of our events are free, they are open to everyone regardless of economics, and they're open invite."

Conrad said that FLUX SF is in touch with AIDS Healthcare Foundation, Trans: Thrive (a project of the San Francisco Community Health Center) and the Transgender District.

The B.A.R. asked Transgender District leaders for an interview for this report; the district replied with a series of slides posted to its LinkedIn and said a longer statement would be forthcoming by November 19. The district sent the statement November 20 after press time, reminding people, "The weight of it all can be overwhelming, but let us remind you — you are not alone."

"In moments like these, pause to breathe, ground yourself and the community. Give yourself the grace to rest, heal, and recharge," the statement reads, in part. "And always remember: You are powerful. Your voice counts. Your voice matters. Your strength is unwavering."

Lesbian San Francisco LGBT Community Center Executive Director Rebecca Rolfe also sent a statement about what the center is doing after press time.

"Right now, we are committed to providing relevant and vital resources to help our community navigate this crisis, including safety planning workshops that address digital privacy and physical safety, expanded support for LGBTQ+ asylum seekers, name and gender marker change clinics, and increased mental health and wellness resources," Rolfe stated. "We are also strengthening coalitions with legal and advocacy organizations and deepening partnerships with sister LGBTQ+ centers in states like Alabama, Florida, and South Carolina, which are likely to face heightened legal and resource challenges."

In the LinkedIn post, the district stated it is "here to stand with" the community.

"Through every shift, we stay grounded in the power of our resilience," the post states. "Now, more than ever, we're committed to amplifying Transgender and Gender Nonconforming voices and to holding space for everyone impacted."

Jorge Rivas is the executive director of the San Francisco Office of Civic Engagement and Immigrant Affairs. Photo: Rick Gerharter  

'We refuse to let anyone be left behind'
At the Transgender Immigrant Day event, Jorge Rivas, a gay man who is the executive director of San Francisco's Office of Civic Engagement and Immigrant Affairs, echoed those sentiments.

"Across the nation, we've seen alarming trends — rising anti-immigrant, anti-trans legislation and rhetoric," Rivas said. "In San Francisco, we refuse to let anyone be left behind."

That refusal has kept Rivas' office busy, working with the Center for Immigrant Protection on asylum cases.

"Since 2020, we have provided 280 consultations and screenings, filed over 73 affirmative asylum applications, filed 36 work permit applications for LGBT immigrants, and managed to gather over 32 asylum cases for trans and gender-nonconforming immigrants," he said. "Even though this program has supported individuals in critical moments, we know it is not enough."

The center was also the beneficiary of a $150,000 state budget ask for trans, immigrant asylees from Wiener earlier this year, which was approved through the regular budget process over the summer.

"I've worked with folks in the trans community and the trans immigrant community for a long time and there are a lot of challenges, and my intent here is to help with capacity building in the community," Wiener told the B.A.R. in a November 18 phone interview.

"We were all hoping Trump wouldn't come back into power," he added. "But that's what has happened and supporting the community is more important now, given his threats of mass deportations and eliminating the trans community."

Mahogany told the B.A.R. last week she's not planning on leaving her post even as Breed, who appointed her, leaves office to make way for Mayor-elect Daniel Lurie. Asked about how her office will serve and support the trans community, Mahogany said that a lot of work is being done behind the scenes right now.

"Currently, we're really working to organize a lot of the trans service providers and we are convening meetings with them and with the city and state legislators," Mahogany said. "We're working with city departments to make sure we're able to meet the needs of trans folks here in San Francisco. As these conversations continue to develop, hopefully we can report on what we can do if folks come here seeking refuge. I'm really eager to talk to the incoming mayoral administration to see the ways in which they can go further in their support for the trans community."

Updated, 11/20/24: This article has been updated with comments from the Transgender District and SF LGBT Community Center.

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