June 2025: Legislative Action Eroding Autistic LGBTQ+ Rights

About the Author

Jay Eveson-Egler (they/them) is an Autistic self-advocate and parent. They’ve worked with neurodiversity-based organizations and individuals in a variety of age groups and stages of life. They have a depth of knowledge of LGBTQIA2S+ issues in the Autistic community. They have prior experience founding and facilitating neurodiverse peer support groups and remain active as an adviser with the Neurodiverse Students Association at Mount Holyoke.

Accurate as of 6/5/25

Over the last two years, I have written and published an update on the state of trans legislation for Pride Month. During this time, we’ve seen an urgent and aggressive push by both state and federal lawmakers to pass laws aimed at eliminating access to gender-affirming care, restricting basic rights, and limiting access to safety nets for the transgender community, which represents less than 0.95% of the U.S. population. While many theories try to explain why, this update is focused solely on explaining what is happening: What laws are being passed? What are their impacts? What can you or your organization do?

In January 2025, within hours of being sworn in, President Donald Trump signed the executive order “Defending Women from Gender Ideology Extremism,” which ordered all federal agencies to define “sex” strictly as male or female, based on birth assignment. It also eliminated the White House Gender Policy Council and rolled back several pro-LGBTQ+ policies. This left transgender people suddenly struggling to update or renew their passports, often being denied unless their gender marker matched their assigned sex at birth. Although courts reminded federal agencies that the law, as written, still allows for gender marker changes and X markers, the damage to trust was done. Many experienced this as an abrupt betrayal. It is important to note: executive orders are not laws. Much of the enforcement by federal agencies has amounted to anticipatory compliance with political will rather than legal obligation.

On January 28, Trump signed another executive order titled “Protecting Children from Chemical and Surgical Mutilation,” which barred federal funding for any gender-affirming care (including puberty blockers and hormone therapy) for anyone under 19. Some hospitals halted care immediately, though a Maryland federal court issued a temporary restraining order on February 13, followed by a preliminary injunction in May. These rulings blocked the executive order from taking effect for now, preserving access to care—but not without significant disruption for families.

A third order came on February 5: EO 14201, “Keeping Men Out of Women’s Sports,” which threatened to pull federal funds from schools that allow transgender girls to play on girls’ teams. Compliance was swift, even in unexpected places. The order also pressured the State Department to adopt this policy internationally, which led to a policy shift barring transgender athletes from entering the United States. In Congress, Republicans advanced similar legislation earlier in the year: on January 14, the House passed H.R. 28, the Protection of Women and Girls in Sports Act, which defines sex based on biology and would bar trans women from playing on women’s teams. The Senate took up the bill (S. 9), but a cloture vote failed 51-45 on March 3. For now, the executive order stands without statutory backing.

Meanwhile, on January 9, a federal judge in Kentucky struck down the Department of Education’s June 2024 Title IX Final Rule, which had extended protections to include gender identity. The ruling in Tennessee v. Cardona vacated the regulation nationwide, putting trans students’ rights in schools in further jeopardy.

State activity mirrors these trends. While some states passed harsher laws, the backlash is also growing. In Kansas, the legislature overrode Governor Laura Kelly’s veto of SB 63 on February 18, banning all forms of gender-affirming care for minors. In response, two teens and their families filed suit on May 1, arguing the law violates the state constitution.

Progressive states have pushed back. In Massachusetts, lawmakers introduced a bill in April that would block state agencies from assisting with any federal or out-of-state efforts to penalize gender-affirming care. Senate President Karen Spilka said the bill would “strengthen protections for transgender people” and build on the state’s abortion shield law.

Several states are also resisting federal interference in gender marker changes. Governors in New York and Massachusetts reaffirmed their existing policies, while Michigan expanded its hate crime law in January to include protections for sexual orientation, gender identity/expression, and disability. Other progressive states, including New Jersey and Virginia, have either maintained or strengthened similar protections.

Local governments are stepping in as well. In February, Worcester, Massachusetts, declared itself a “transgender sanctuary city,” vowing not to enforce federal anti-trans orders or cooperate with out-of-state investigations. Similar resolutions are under consideration in other cities.

Despite this resistance, federal action has managed, in some cases, to undermine state autonomy. The February executive order on school sports led the NCAA to update its policy, now banning all trans women from women’s college sports. Several lawsuits have since been filed. Maine Governor Janet Mills opposed the executive order and faced federal retaliation. The administration froze funding for Maine’s child nutrition program and launched a federal investigation into the state’s education department. In early May, after a legal challenge from Maine Attorney General Aaron Frey, the USDA agreed to unfreeze the funds, and Maine dropped the lawsuit.

On a larger scale, the Trump administration’s sweeping budget proposal, dubbed the “One Big Beautiful Bill,” includes provisions that would further harm LGBTQ+ people. It contains the “Crenshaw Amendment,” which would bar Medicaid from covering gender-affirming care. It also increases eligibility checks and work requirements for Medicaid, disproportionately harming LGBTQ+ people already facing employment discrimination. Section 7302 would restrict courts’ ability to issue injunctions and restraining orders, making it harder for advocacy groups to challenge these laws in court.

For LGBTQ+ individuals and families, especially those who are Autistic or have Autistic family members, these developments are particularly alarming. Federal and state policies now explicitly link autism to restrictions on gender-affirming care. A recent HHS report suggests Autistic youth may be less capable of understanding their gender identity, a claim that has been condemned by disability rights organizations including the Autistic Self Advocacy Network. These narratives may be used to deny or delay care to trans Autistic youth.

Further increasing concern is a federal surveillance push. During Autism Acceptance Month, HHS Secretary Robert F. Kennedy Jr. announced a national autism registry that will use Medicare, Medicaid, and wearable device data. Disability rights groups criticized the plan as a gross invasion of privacy. Weeks later, the Trump administration announced that Palantir Technologies, a company run by Peter Thiel, will build a national database to track all Americans. As The New Republic noted, this represents a dangerous mix of government overreach and corporate power.

This surge in legislative and executive action reflects a continuation of 2024’s unprecedented wave of anti-LGBTQ+ bills. Over 115 transgender-specific bills were prefiled across states by January 2025 alone. The fight is far from over. For transgender Autistic people, who already face heightened discrimination, these systems pose serious threats to autonomy, safety, and access to care. Families must prepare for increased scrutiny, seek affirming providers, and rely on trusted legal and advocacy networks. Organizations like the Autistic Self Advocacy Network, AANE, ASAN’s GTC initiative, and national LGBTQ+ legal groups are providing updated resources and support. You can view AANE’s own statements on these issues here. 

Still, there are reasons to hope. Public opposition to these policies is strong. Many states, employers, and providers continue to protect and offer gender-affirming care. Legal challenges are underway. And communities are organizing. There is strength to be found in community engagement. By staying informed and connected, we can support each other and continue to push back against growing injustice.

Click here for more information about AANE’s services and supports for LGBTQ+ Autistic people and their families.