Your Rights in New York After Trump’s Anti-Trans Executive Orders

What anti-trans Executive Orders has Trump signed?

Trump has signed multiple Executive Orders (EOs) calling for widespread discrimination against transgender people in their public and private lives. These attacks include:

1. Sex Discrimination Executive Order declaring that the U.S. recognizes only two sexes, male and female, and that they are “not changeable,” which  impacts trans people’s ability to obtain passports and other federal identification documents that align with their gender identity, as well as where transgender people are confined in federal custody.
2. Gender Affirming Care for Young People Executive Order attempting to shut down access to necessary medical care for transgender people under 19 by directing federal agencies to withhold funding from medical institutions that provide this care.
3. School Censorship Executive Order attempting to intimidate teachers and schools into withdrawing critical supports for trans students, such as allowing them to use the restroom, name, or pronouns that match their gender identity and restricting education on LGBTQ+ issues.
4. Anti-Trans Sports Ban Executive Order attempting to ban trans girls and women from participating in sports with cisgender girls and women by pressuring K-12 schools, colleges and universities, as well as athletic governing bodies to block trans people from participating in sports teams that match their gender identity.
5. Trans Military Ban Executive Order reinstating the ban on transgender service members serving in the military.

How will these EOs affect me?

An Executive Order alone does not take away your rights. These Executive Orders are, with a few exceptions, not enforceable on their face. Executive Orders cannot override federal laws passed by Congress, the U.S. Constitution, or established legal precedent, and federal agencies must often take specific actions before the directives in Executive Orders can be implemented. Many of these Executive Orders are being challenged in court and have been temporarily blocked.

Trump’s Executive Orders by themselves do not change New York or federal law, and New York’s strong nondiscrimination protections continue to apply here.

However, some federal agencies have begun taking steps to implement the Executive Orders, and both federal agencies and Congress could take additional future actions that would impact New Yorkers. We will provide updates about federal developments that impact LGBTQ+ rights in New York.

Although federal law prohibits discrimination based on sexual orientation and gender identity, during this administration we do not recommend attempting to file discrimination complaints on those bases with any federal agency.

What New York laws protect me?

New York has a number of laws that protect transgender, gender nonconforming, nonbinary, and intersex (TGNCNBI) people at school, work, in health care settings, and more.

General protections

New York prohibits places of public accommodation (including businesses and health care providers) and government agencies from discriminating against people on the basis of sex, sexual orientation, and gender identity or expression—which includes a person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristics, regardless of sex assigned at birth. This includes, but is not limited to, being transgender. These laws also bar discrimination based on your relationship to someone who is LGBTQ+.

New York Executive Law §§ 292, 296 (the NY Human Rights Law); New York Civil Rights Law § 40-c; New York State Constitution, Art. 1, § 11 (the Equal Rights Amendment); 9 NYCRR § 466.13(d); Guidance on Gender Identity Discrimination Protections

Schools

It is illegal for educational institutions—including public schools, public colleges and universities, and non-religious private schools—to discriminate against you because of your sex, sexual orientation, and gender identity or expression. Students have the right to go by their chosen name and pronouns, express their gender, participate in sports and other activities aligned with their gender, use restrooms aligned with their gender, and update the name and gender on their records.

New York’s Attorney General and State Education Department have affirmed that schools must continue to comply with state law protections for transgender students, including the right to use facilities (such as restrooms and locker rooms) and to join sports teams that align with their gender identity.

New York also requires public schools to take affirmative steps to prevent bullying based on sexual orientation or gender identity, and school staff must intervene if they witness bullying.

New York Executive Law §§ 292, 296; New York Education Law § 3201-a; 8 NYCRR § 100.2. More information.; February 2025 Joint Statement of OAG and NYSED; New York Education Law article 2 (the Dignity for All Students Act); 8 NYCRR §§100.2(c), (l), (jj), (kk)

Health care

New York supports access to gender-affirming medical care for both adults and young people. Our antidiscrimination laws mean that non-religious health care providers and employers cannot exclude gender-affirming care. New York’s Attorney General and New York’s Department of Health have affirmed that health care providers must continue to follow New York law regarding access to gender-affirming care.

New York defines gender-affirming care as “any type of care provided to an individual to affirm their gender identity or gender expression; provided that surgical interventions on minors with variations in their sex characteristics that are not sought and initiated by the individual patient are not gender-affirming care.” 

New York law also prohibits insurance providers from discriminating against you based on sexual orientation, gender identity or expression, and transgender status. Private and public insurers subject to state law cannot exclude coverage for medically necessary gender-affirming care. 

New York has also taken a number of steps to protect families accessing gender-affirming care in our state. There are protections in place to help prevent gender-affirming health care providers, patients, and those who support them from being prosecuted by other states. These laws also protect providers from licensure and malpractice consequences in New York State.

New York prohibits discrimination against LGBTQ+ individuals in long-term care facilities.

New York allows homeless and runaway youth to consent to their own health care, including gender-affirming care – as long as they have capacity to consent, meaning that they understand the risks and benefits of the proposed treatment and its alternatives. In order to be able to consent to their own care, runaway youth must also be receiving services at an approved runaway and homeless youth crisis services program or a transitional independent living support program.

AG’s February 3 Letter; Department of Health’s February 18 Letter; 11 NYCRR §§ 52.72, 52.75. More information; New York Civil Procedure Law § 140.10; New York Executive Law § 837-x; New York Civil Practice Law & Rules §§ 3119, 3102; New York Insurance Law § 3436-a; New York Education Law §§ 6505-d, 6531-b; New York Public Health Law § 230; New York Civil Rights Law § 70-b; New York Criminal Procedure Law § 570.19; New York Family Court Act § 659; New York Public Health Law § 2803-c-2; New York Public Health Law § 2504(1); New York Education Law § 6531-b.

Employment

New York prohibits discrimination and harassment in the workplace on the basis of sex, sexual orientation, and gender identity or expression. Employers must honor the chosen names and pronouns of transgender workers’ and allow them to use gendered restrooms of their choice.

New York Executive Law §§ 292, 296; New York Civil Rights Law § 40-c; 9 NYCRR § 466.13(d). See here for more information.

Housing

New York prohibits discrimination in public and private housing based on sex, sexual orientation, and gender identity or expression.

New York Executive Law §§ 292, 296; New York Civil Rights Law § 40-c; 9 NYCRR § 466.13(d). See here for more information.

Identification and birth certificates

You have the right to identification that is consistent with your gender identity. To amend or correct a gender marker, you can fill out a form to get an updated New York-issued driver’s license, state identification card, and birth certificate.

New York Civil Rights Law §§ 67, 67-B; New York Public Health Law §§ 4132, 4138. More information.

Child custody

New York prohibits discriminating against LGBTQIA+ parents when determining custody of children.

New York Civil Rights Law § 40-c; New York State Constitution, Art. 1, § 11 (the Equal Rights Amendment).

What can I do if I am discriminated against?

Document what happened

Take notes on what happened, whom you communicated with, and who might have been a witness. Save copies of all emails, texts, complaints, photos, and documents. Try to identify who may have made the decision to discriminate against you. If you cannot identify one person, identify a facility, office, or group of people. It is important to document so you can provide evidence about your experience.

File a complaint

File a complaint with a relevant state agency, such as:

• New York State Division of Human Rights: https://dhr.ny.gov/complaint (for complaints about employers, educational institutions, housing providers, places of public accommodation, including businesses such as health care providers, and government agencies or programs)
• New York State Department of Financial Services (for complaints about insurance plans): https://www.dfs.ny.gov/complaint
• New York Attorney General’s Office (for complaints about housing, health care, charities employment, and other forms of discrimination): https://ag.ny.gov/file-complaint

If you experience discrimination, it is important to notify the state. Without your report, there is no official record of the incident, which means no action can be taken to address the issue. Reporting ensures accountability, helps prevent future discrimination, and supports efforts to enforce anti-discrimination laws. Your voice matters—make sure it is heard.

Filing a civil rights complaint is an important step toward justice, but it is important to understand that state agencies receive a huge volume of complaints. Investigations, legal reviews, and enforcement actions take time, so you should not expect a quick resolution.

Additional Resources

Many organizations are working to assist individuals who are facing discrimination or loss of health care.

Health care

• Health Coverage Information for Transgender New Yorkers
• Health care information for transgender, nonbinary, gender nonconforming, and intersex New Yorkers (New York Attorney General)
• The Legal Aid Society’s Access to Benefits helpline: 888-663-6880, Monday through Friday from 10 a.m. to 3 p.m

Identification and birth certificates

• Changing Your Name or Gender Marker Under the Gender Recognition Act (NYCLU)

Schools

• New York State Public High School Athletic Association’s rules and regulations on transgender participation
• Creating a Safe, Supportive, and Affirming School Environment for Transgender and Gender Expansive Students (New York State Education Department)
• Your Rights as a Transgender, Gender-Nonconforming, Nonbinary, or Intersex Student (NYCLU)
• Your Rights as an LGBTQ Student (NYCLU)
• School Discrimination Help Line (Empire Justice Center)

General

• President Trump’s Day 1 Anti-Transgender Executive Order: What You Need To Know (Advocates for Trans Equality)
• Guidance on Protections from Gender Identity Discrimination Under the New York State Human Rights Law
• Transgender Law Center’s Legal Information Helpdesk