Lambda Legal, the ACLU, and the ACLU of Maryland, joined by the law firms Hogan Lovells and Jenner & Block, have sued the Trump-Vance administration over its issuance of an executive order banning gender affirming care nationwide for patients younger than 19.

The lawsuit, filed Tuesday in the U.S. District Court for the District of Maryland, seeks “preliminary and permanent injunction preventing the Agency Defendants, including any subagencies of Defendant HHS, from enforcing or implementing the Denial of Care and the Gender Identity Orders.”

PFLAG National and GMLA are also representing the plaintiffs in the lawsuit, seven families with transgender or nonbinary children.

Trump’s executive order last week prohibits health insurers run by the federal government, including Medicaid and TRICARE, from funding medical care for trans and gender diverse youth that is recommended by mainstream scientific and medical organizations like the American Medical Association.

Hospitals throughout the country subsequently suspended or shut down their gender affirming care programs. Those that have acknowledged the move publicly cited the administration’s order, which threatens federal funding and grants for noncompliance.

New York Attorney General Letitia James issued a letter on Monday, signed by a coalition of 22 state AGs, informing hundreds of recipients of federal funding, including healthcare providers, “who were informed that funding cannot be frozen or withdrawn on the basis of providing gender affirming care to minors.”

Likewise, the lawsuit filed by Lambda Legal and the ACLU argues the executive orders are “unlawful and unconstitutional,” first because they seek to withhold federal funds previously authorized by Congress and second because they violate anti-discrimination laws.

President Donald Trump, during his inaugural address on Monday, previewed some anti-trans executive orders he has pledged to sign, though it was not yet fully clear how and when they would be implemented.

“This week, I will also end the government policy of trying to socially engineer race and gender into every aspect of public and private life,” he said. “Today, it will henceforth be the official policy of the United States government, that there are only two genders, male and female.”

The president added, “I will sign an order to stop our warriors from being subjected to radical political theories and social experiments, while on duty. It’s going to end immediately.”

After taking the oath of office inside the U.S. Capitol building, Trump was expected to sign as many as 200 executive orders.

On issues of gender identity and LGBTQ rights, the 47th president was reportedly considering a range of moves, including banning trans student athletes from competing and excluding trans people from the U.S. Armed Forces.

NBC News reported on Monday, however, that senior officials with the new administration pointed to two forthcoming executive orders — the official recognition of only two genders, and “ending ‘radical and wasteful’ diversity, equity and inclusion programs inside federal agencies.”

With respect to the former, in practical terms it would mean walking back the Biden-Harris administration’s policy, beginning in 2022, of allowing U.S. citizens to select the “x” gender marker for their passports and other official documents.

“The order aims to require that the federal government use the term ‘sex’ instead of ‘gender,’ and directs the State Department and the Department of Homeland Security to ‘ensure that official government documents, including passports and visas, reflect sex accurately,'” according to NBC.

Additionally, though it was unclear what exactly this would mean, the first EO would take aim at the use of taxpayer funds for gender-transition healthcare, such as in correctional facilities.

The Human Rights Campaign in a press release Monday indicated that a “fulsome review of executive actions” is forthcoming, but the group’s President Kelley Robinson said, “Today, the Trump administration is expected to release a barrage of executive actions taking aim at the LGBTQ+ community instead of uniting our country and prioritizing the pressing issues the American people are facing.”  

“But make no mistake: these actions will not take effect immediately,” she said.

“Every person deserves to be treated with dignity and respect in all areas of their lives,” Robinson said. “No one should be subjected to ongoing discrimination, harassment and humiliation where they work, go to school, or access healthcare. But today’s expected executive actions targeting the LGBTQ+ community serve no other purpose than to hurt our families and our communities.”

She continued, “Our community has fought for decades to ensure that our relationships are respected at work, that our identities are accepted at school, and that our service is honored in the military. Any attack on our rights threatens the rights of any person who doesn’t fit into the narrow view of how they should look and act. The incoming administration is trying to divide our communities in the hope that we forget what makes us strong. But we refuse to back down or be intimidated.”

“We are not going anywhere. and we will fight back against these harmful provisions with everything we’ve got,” Robinson said.

House Minority Whip Katherine Clark (D-Mass.), the second highest-ranking Democrat in the lower chamber, has selected newly seated freshman U.S. Rep. Sarah McBride (D-Del.) to serve as her deputy whip for policy.

The high profile role will involve “strategic, long-term planning, and coordination on policy,” according to a press release from McBride’s office announcing the appointment.

“My number one priority in Congress is helping to lower costs facing Delawareans and American families,” the congresswoman said. “We can do this by guaranteeing paid family and medical leave, lowering the cost of childcare and restoring the child tax credit.”

McBride added, “I look forward to working alongside my Democratic colleagues to prioritize common sense solutions to making it more affordable to raise a family. I’m grateful to Democratic Whip Katherine Clark for this opportunity and for her steadfast leadership and mentorship.”

In a statement on X, she said, “I’m thrilled to be named a deputy whip for Policy in the 119th Congress, advising House Democratic Leadership on policy priorities and plans for our caucus. Just as I was in the state Senate, I remain focused on lowering the cost of housing, health care, child care, and helping families make it through the inevitable challenges of life.”

Last week, McBride became the first freshman Democrat to introduce a bill, together with U.S. Rep. Young Kim (R-Calif.), which targets scams by companies that take large fees from consumers in exchange for “empty promises” to improve their credit scores.

When serving in the Delaware state senate, McBride sponsored the Healthy Delaware Families Act, which was signed into law in 2022 and allows Delawareans to take a 12-week paid family or medical leave, receiving up to 80 percent of their current wages.

“Care infrastructure” will remain a major focus for the congresswoman’s work moving forward, along with policies in areas like investment in green technologies, Medicare reforms, expanding access to quality health care including reproductive care, empowering labor unions, gun violence prevention, and more.

The congresswoman worked on Beau Biden’s campaign for Delaware attorney general in 2010, and in the years since has maintained a close personal relationship with President Joe Biden and the Biden family. (Beau, the president’s eldest son, died of glioblastoma in 2015.)

House Republicans escalate their transphobic attacks against McBride

McBride is transgender, becoming the first trans speaker to address a major party convention in 2016, the trans state senator with her first election to public office in 2020, and the first trans member of Congress with her election to represent Delaware’s at-large congressional district in 2024.

While she has not shied away from acknowledging the significance of her position as the first and the only voice in Congress representing her community, McBride has repeatedly emphasized that she did not run for office to be — as a recent profile in the Washington Post put it — “a symbol, or a spokesperson, or the first anything.”

Her focus, rather, is on delivering results for her constituents in Delaware.

“I’m here to be a serious person,” she told the Post. “And if there are people here who don’t want to be serious, then they can answer to their constituents.”

McBride’s arrival in Washington comes as national Republicans have made anti-trans policy and legislation a greater priority than ever before, while transphobia and the use of transphobic hate speech by conservative elected leaders escalates into dangerous territory.

Responding to the news of McBride’s appointment to lead policy development for her party under the Democratic whip, U.S. Rep. Marjorie Taylor Greene (R-Ga.) said, in a post on X, “Democrats just put a mentally ill congressman, who parades himself as a congresswoman to thrill his disturbing sexual fetishes, in charge of democrat policies.”

The bigoted attacks by House Republicans began before the first transgender member of Congress was even seated, from deliberate misgendering and the use of her birth name to the proposal barring trans women from women’s restrooms in the Capitol building, which was drafted by U.S. Rep. Nancy Mace (R-S.C.) in direct response to McBride’s election and subsequently enacted by House Speaker Mike Johnson (R-La.).

Before she was elected, McBride sought to mitigate the risk that her use of public women’s bathrooms on the Hill might draw unwanted attention or interest, privately making arrangements with Democratic leadership to instead use facilities in the Capitol suites reserved for Clark and Minority Leader Hakeem Jeffries (R-N.Y.). 

Mace introduced the bathroom ban on Nov. 19 and, in the days and weeks since, availed herself of every chance to discuss the matter with Capitol Hill reporters, on cable news programs, and on her X account — where, according to Newsweek, the congresswoman had published 326 posts or replies about the resolution within just the first 72 hours.

Last month, Mace filmed herself reading the Miranda warning with a megaphone to activists who were arrested for staging a demonstration against her bathroom rule outside Johnson’s office, later sharing the video on X mocking the protestors with an anti-trans slur.

McBride declined to comment or engage beyond saying that she would comply with the policy. In response to criticism that she ought to have pushed back more forcefully, she told NBC News, “The point of this bathroom ban was to bait me into a fight, was to diminish my capacity to be an effective member of Congress by turning me into a caricature.”

“I refuse to give them that opportunity or that response that they seek,” McBride said, adding that allowing herself to be baited would “not do the trans community any good” either. “That is what they want. There is power in not giving people what they want.”

This week, a video from 2019 in which McBride is seen reading to students in a classroom and leading a discussion about the importance of respecting their gender diverse peers was circulated on X by the anti-LGBTQ account Libs of TikTok.

Mace responded in a post that began by proclaiming “she is a he” and asserted without evidence that McBride “appears to be grooming young children” for sexual abuse, while Greene falsely accused her Democratic colleague of being a “groomer” and “child predator.”

As an anti-trans/anti-LGBTQ moral panic has taken hold in the U.S. and escalated over the past few years, conservatives including several U.S. lawmakers have revived the dangerous and baseless lie that trans people and gay people are inclined toward pedophilia or child sexual abuse or “grooming,” which refers to the practice of priming a victim, usually a minor, for sexual abuse or exploitation.

Experts, including organizations like the Rape, Abuse and Incest National Network, say this rhetoric can put children at greater risk by stealing the focus away from efforts to identify actual cases of abuse while also diminishing the experiences of survivors.

This specific form of transphobic and homophobic hate speech was more common in the 1970s and 80s but until recently was considered out of bounds for mainstream political discourse.

McBride so far has not addressed the posts from Mace and Greene. Her office did not respond to a request for comment on the matter last week.