Post Election Guidance for California’s LGBTQ+ Community

This is a challenging and painful time for everyone who values the freedom to live authentically, for each member of the LGBTQ+ community, and for all who support us. As our community navigates the uncertain landscape following the 2024 election, we know that many are seeking information and guidance on how to best protect themselves and their families and ways to engage in the work ahead. 

Key Things to Know:

• We expect President-elect Trump will attempt to significantly undermine protections for LGBTQ+ people across education, employment, health care, housing, immigration, and more. 
• Many of these changes will have a disproportionate impact on trans and gender expansive individuals, BIPOC members of our community, immigrants, asylum seekers, and those receiving government services.
• Many of the proposed federal actions will be litigated, delayed, or stopped. Still, many of them will cause harm just by being proposed.
• Thankfully, we have strong legal protections in California and leaders who are committed to protecting the LGBTQ+ community—this will help insulate us against many of these changes.
• Our community is strong and resilient. We are going to need support, steadfast allies, and all the tools available to us, but we’re in this together.

The Political Landscape:

Following the 2024 election, Republicans control the White House and hold narrow majorities in both chambers of the United States Congress. Here in California, Democrats hold the Governorship and two-thirds “supermajorities” in both houses of the Legislature. California’s Legislative LGBTQ+ Caucus will grow from 12 to 14 members, giving the LGBTQ+ community a strong voice in Sacramento. Additionally, California’s Attorney General is committed to defending against unconstitutional or unlawful actions from the federal government. 

As we head into 2025, we expect President-elect Trump will attempt to significantly undermine protections for LGBTQ+ people across education, employment, health care, housing, immigration, and more. However, at the state level, California has enacted some of the strongest laws in the nation to help protect LGBTQ+ people from the damaging effects of a second Trump administration—those protections will remain in place. Our state is better insulated than many others to support and protect the LGBTQ+ community and we have a long history of resilience in the face of challenges.

Equality California is prepared to mobilize our supporters and work in close coordination with pro-equality legislators in Sacramento and Washington, D.C. to ensure that California remains a safe haven for LGBTQ+ people across the country. We will use every tool at our disposal to protect LGBTQ+ people from harassment and discrimination, create a safe and inclusive learning environment for LGBTQ+ students, and ensure that trans people can access the essential health care they need.

How We Can Prepare:

We encourage LGBTQ+ people in California to consider some actions to help prepare for a shifting landscape in 2025. Please keep in mind these steps are precautionary, and may not be necessary for everyone, but we believe it is important for our community to have the best tools and resources available to prepare. The information that follows is general guidance and information that can help each person and each family make decisions that feel right for them, but it is not legal advice. We strongly encourage you to seek advice about your particular situation from your own health care provider and/or legal counsel. You can find more information about organizations that provide free legal assistance in the resources section below.

Identification Documents

• Consider getting a passport or having your passport updated. For adults, passports need to be renewed every 10 years. For youth under 16, passports need to be renewed every 5 years. 
• If you would like to change your gender on any of your identification documents, get your federal documents updated immediately. Currently, you can update your gender on your passport and social security record without a court order. 
• While it is possible to obtain an X gender marker on your identification documents, some advocates are advising that individuals not pursue an X gender marker given the uncertainty around how they may be handled under the new administration. Do what feels best for your individual circumstances.
• In California, you can get a court order recognizing your gender change and changing your legal name. Talk to an experienced attorney about getting a court-ordered legal name and gender change as soon as possible.
• We expect that state-level document processes will not be affected by the new administration. However, consider updating your name and gender marker on your birth certificate and driver’s license as soon as possible. Advocates for Trans Equality’s ID Center provides information on updating identification documents in California.

Health Care

• Make sure you have care established with a primary care provider and with any specialists who regularly support your health care needs. Work with your health care provider(s) on how to handle possible interruptions in your treatment plan and what to do in the event that your ability to seek medical care is abruptly impacted. This includes gender-affirming care, reproductive health care, PrEP, and HIV treatment, among other health needs.
• Currently, state-regulated health plans and insurers in California are required by law to cover medically necessary gender-affirming care. The California Department of Managed Health Care maintains a website with up-to-date information about access to gender-affirming care in California and how to file a complaint if your rights are violated.
• California has laws that provide legal protections for medical professionals who provide gender-affirming care, and protect trans people and their families from prosecution if they flee to California from another state that criminalizes gender-affirming care. Before relying on these laws be sure to consult with a legal professional to help ensure your family’s safety. 

Estate Planning

• Now is a good time to speak with an attorney to ensure that you have legal protections in place that may be important to you, including legal documents like wills, trusts, nominations of guardianships, health care powers of attorney, and advance directives. 
• It is critical that you have an advance directive and health care power of attorney stating your intention for who should have access and decision-making authority if you should be unable to communicate for yourself. If applicable, be sure that it specifies directives regarding the continuation of gender-affirming care.
• Ensure that financial and other relevant legal documents are in order, have named beneficiaries, and accurately reflect your legal name and gender. Double check your beneficiaries on any bank accounts, investments, retirement accounts, life insurance, or accidental death policies you may have.
• Create a folder that includes copies of basic legal and medical documents for you that can be easily accessed, especially if traveling out of state.

Relationship Protections

• Ensure that you have the legal recognition and protections for your relationship that make sense for you—including legal marriage or other legal documentation (including the options above) to help ensure that your wishes are clearly established and upheld.
• Marriage equality is the law. California voters recently passed Proposition 3 to enshrine the fundamental right to marry for same-sex and interracial couples in the state constitution. In addition, Congress passed the Respect for Marriage Act that guarantees that all legally married same-sex couples are entitled to all of the federal rights, benefits and obligations of marriage regardless of future Supreme Court actions.
• Please speak to an attorney who has experience with LGBTQ+ family law and estate planning about what legal actions are most appropriate for your family, regardless of whether or not marriage is part of your family’s plan.

Parentage

• If you have children, speak to an attorney who has experience with LGBTQ+ family law about what legal actions are most appropriate for your family.
• If you haven’t gotten a judgment to protect your parentage—such as an adoption or parentage judgment—you should consider doing so now.  
• If you’ve already gotten the judgment, make sure you have a certified copy somewhere safe and accessible, and consider keeping a scan or picture of it somewhere easy to access on your phone, along with a scan of your child’s birth certificate.

Immigration

• President-elect Trump has made it clear that he intends to significantly increase immigration enforcement. Now is the time to prepare yourself and your loved ones, including developing a plan for childcare, addressing medical needs and financial obligations, and gathering important documents. 
• It is helpful to have documents that can establish how long you have been in the United States, identification documents, and any documents related to your immigration case.
• The National Immigrant Project has more information about what to expect under a Trump presidency and how you can get prepared. We strongly encourage you to consult with an immigration attorney and/or legal services organizations serving immigrant, asylum seeker, and refugee communities. 

Safety

• Now is a good time to conduct a digital safety review and, where appropriate, take additional steps to protect your digital security and identifiable personal information you may wish to keep private. Indivisible has a Safety, Security, and Digital Preparedness guide for a second Trump administration.
• If you witness or experience hate speech, harassment, or violence, there are steps you can take to stand up for yourself and others. Any victim of or witness to a hate incident or crime in California can report it and receive support any time on the California vs Hate website. If you want to report a hate crime to law enforcement immediately or you are in present danger, please call 911.
• Activists should be familiar with their legal rights to ensure safe participation in protests. The ACLU of Southern California provides a Know Your Rights for Protesters guide.

Get Involved

• Equality California is committed to keeping you informed. We are prepared to fight back and use every tool at our disposal to protect the health, safety, and dignity of LGBTQ+ people.
• We encourage you to sign up to get email updates from Equality California to receive up-to-date information and alerts about action steps, community rallies, and other opportunities to get involved..
• Find community and connection—whether through formal networks and organizations or through informal groups and spaces. We can support and sustain one another!

Some members of our community have expressed concerns about how the incoming administration might utilize data related to name and gender marker changes, medical records, and other government data collected at the local, state, or federal level. We take these concerns seriously. We know that the government can use these tools for harm, but we also recognize that having consistent documents that reflect our lived realities can be beneficial to many and help to alleviate concerns about day-to-day discrimination including in the workplace, health care settings, and in interactions with law enforcement. We encourage everyone to assess these risks for themselves. Be assured that there will be strong legal and public pushback against any attempts to target or harm our community through the use of government data.

Shared Actions We Can Take:

Regardless of what actions you may want to take on your own,  there are many ways we can step up and support one another as a community. These are five actions that will help to support all of us:

• Connect – Take part in community events and gatherings as we process this moment and move forward into what is ahead.
  
• Follow – Connect with Equality California and other trusted resources to get up to date information about changes to policy, community resources, and to be alerted to action steps.
• Give – Support LGBTQ+ led and serving organizations. Our community organizations are more essential than ever.
• Share – Be sure to share guides and resources so that those in your networks have access to helpful information, community events, and up to date messaging.
• Step Up – We all have different skills, resources, or talents we can bring to this moment. Whether it’s in formal ways or in your own networks—consider how your work can help to sustain and support those around you.

If you are struggling with your mental health, including feeling like you may hurt yourself or someone else, please reach out to one of these crisis resources for help.

• 988 Lifeline: call or text 988
• The Trevor Project: call 866-488-7386 or text 678678

As we move through this moment, be sure to take time to process your feelings, to seek support where you need it, and to remember the power that we have as individuals and communities to make change. We have always been here, we will always be here, and we will get through this. We’ve got us.

Until the work is done.

LGBTQ+ Led and LGBTQ+ Serving Resource List:

LGBTQ+ Resource Centers:

• CenterLink Directory | lgbtqcenters.org
• Los Angeles LGBT Center | lalgbtcenter.org
• San Francisco Aids Foundation | sfaf.org
• LGBTQ Center Orange County | lgbtqcenteroc.org
• Sacramento LGBT Community Center | saccenter.org
• San Diego Pride | sdpride.org
• The San Diego LGBT Community Center | thecentersd.org
• Somos Familia Valle | somosfamiliavalle.org
• The LGBTQ Center of the Desert | thecentercv.org
• The Source Visalia | thesourcelgbt.org
• Fresno EOC LGBTQ+ Resource Center | fresnoeoc.org/lgbtq
• San Francisco LGBT Center | sfcenter.org
• Central Coast Pride | slopride.com
• Queer Humboldt | queerhumboldt.org
• Latino Equality Alliance | somoslea.org
• MoPride Center | centralvalleypridecenter.org
• North County LGBTQ Resource Center | ncresourcecenter.org
• Oakland LGBTQ Community Center | oaklandlgbtqcenter.org
• Pomona Pride Center | pomonavalleypride.org
• Rainbow Pride Youth Alliance | rainbowprideyouthalliance.org
• Pacific Pride Foundation | pacificpridefoundation.org
• Central Valley Gender Health and Wellness | centralvalleygenderhealthandwellness.org
• San Joaquin Pride Center | sjpride.center
• South Bay LGBTQ Center | facebook.com/SouthBayLGBTQCenter
• Burbank Community YMCA Social Impact Center | burbankymca.org/social-impact-center
• The Center for Sexuality & Gender Diversity | thecenterbak.org
• Central California LGBTQ Collaborative | lgbtqcollaborative.org
• Fresno Spectrum Center | fresnospectrumcenter.org
• Alianzia Translatinx | alianzatranslatinx.org
• Rainbow Community Center | rainbowcc.org
• East Bay Getting to Zero | ebgtz.org
• Q Youth Foundation | qyouthfoundation.org/contact-us.html
• AGUILAS | sfaguilas.org
• Fresno Barrios Unidos | fresnobarriosunidos.org
• SOMOS Familia Valle | somosfamiliavalle.org
• The LGBTQIA Center of Southern Nevada| thecenterlv.org
• Imperial Valley LGBT Resource Center | ivlgbtcenter.com
• LGBTQ+/2S  Collaborative | lgbtqcollaborative.org/about-us
• Latino Equality Alliance | somoslea.org
• REACH LA | reachla.info
• Queer Humboldt | queerhumboldt.org/home
• Central Valley Pride Center | centralvalleypridecenter.org

TGI Led and TGI Serving Organizations:

• TransFamily Support Services | transfamilysos.org
• The TransLatin@ Coalition | translatinacoalition.org
• California Transcends | catranscends.com
• TransCanWork | transcanwork.org
• The Transgender District | transgenderdistrictsf.com
• Gender Justice LA | gjla.nationbuilder.com
• Unique Woman’s Coalition | theuwc.org
• interACT | interactadvocates.org
• Advocates for Trans Equality: Trans Legal Survival Guide | transequality.org/news/introducing-trans-survival-guide

LGBTQ+ Legal Service Providers:

• San Diego Name Change and Gender Marker Clinic | lassd.org/name-and-gender-marker-changes
• California Rural Legal Assistance | crla.org
• Lambda Legal | lambdalegal.org
• National Center for Lesbian Rights (NCLR) | nclrights.org
• Public Counsel | publiccounsel.org
• Transgender Law Center | transgenderlawcenter.org
• LGBTQ+ Family Law Attorney Directory

Immigration Legal Service Providers:

• CHIRLA | chirla.org
• California Rural Legal Assistance | crla.org
• USC Immigration Legal Assistance Center | Website
• CARECEN | Website
• LGBT Asylum Project | lgbtasylumproject.org

LGBTQ+ Health Care Organizations:

• Planned Parenthood Mar Monte (Fresno) | plannedparenthood.org/planned-parenthood-mar-monte
• Transgender Health and Wellness Center (Multiple Locations in SoCal) | trans.health
• Los Angeles LGBT Center’s Jeffrey Goodman Special Care Clinic (Los Angeles) |lalgbtcenter.org/services/medical-services
• Rady’s Children’s Hospital Center for Gender Affirming Care (San Diego) | rchsd.org/programs-services/gender-affirming-care
• Fresno Inclusive Provider PFLAG Database (Fresno) | pflagfresno.org/healthcare
• LGBTQ Fresno Health and Medical Database (Fresno) | lgbtqfresno.com/lgbtq-directory/category/health-medical
• Inclusive Therapist Database (Online) | inclusivetherapists.com
• APLA Health (Los Angeles) | aplahealth.org
• Radiant Health Centers (Orange County) | radianthealthcenters.org
• DAP Health (Palm Springs) | daphealth.org
• Sutter Health (Northern California) | sutterhealth.org
• AltaMed, Formerly ChapCare (Southern California) | altamed.org
• Men’s Health Foundation | menshealthfound.org
• Asian Health Services | asianhealthservices.org
• Lyon-Martin Community Health Services (San Francisco) | lyon-martin.org
• San Francisco AIDS Foundation (San Francisco) | sfaf.org

LGBTQ+ Organizations (not already listed):

• Equality California | eqca.org
• Our Family Coalition | ourfamily.org
• LYRIC | lyric.org
• API Equality-LA | apiequalityla.org
• PFLAG | pflag.org
• GLSEN | glsen.org
• Human Rights Campaign | hrc.org
• GSA Network | gsanetwork.org

LGBTQ+ Education and Resources:

• ACLU of Southern California | aclusocal.org
• ACLU of Northern California | aclunc.org
• Family Acceptance Project| familyproject.sfsu.edu
• CA Department of Education | cde.ca.gov/pd/ee/supportlgbtq.asp
• LAUSD Office of Students Civil Rights | lausd.org
• CTA Justice and Safe Schools for LGBTQ+ Students & Communities | cta.org
• ONE Institute | oneinstitute.org
• PRISM | cde.ca.gov/ci/pl/prism.asp

Acknowledgements:

This document includes information from resources developed by OutFront Minnesota, Human Rights Campaign, Advocates for Trans Equality, National Immigrant Project, and All Family Legal. We thank them for their generosity in developing these resources and sharing them to keep our community informed.

The post Post Election Guidance for California’s LGBTQ+ Community appeared first on Equality California.