There will be many days ahead to fight and act for our rights as LGBT people with the incoming administration and rising tide of conservative forces. We have much work to do but first we need to prepare and protect ourselves for the storm ahead.
Much like coastal residents boarding up their homes to protect against a coming hurricane we must take stock of our own personal lives and make sure we’ve battened down the hatches so to speak. I’m talking about legal protections against what we expect to be an onslaught of attacks on our rights, our status, our health and our very livelihoods.
They have promised to wage culture wars, they’ve stated it clearly not only in media but in policy directives like Project 2025. They have starting this year all three branches of government, the numbers to pass whatever they want, and they believe a mandate to follow through.
In such, assembled below are a number of key areas that each one of us should take inventory of and consider in our own lives or of our loved ones where we might need to take actions to protect ourselves in the days to come.
If your are planning a marriage, consider doing it sooner rather than later
Same-sex marriages are on the top of the target list of conservative forces in their culture war against what they see as the dis-integration of the American Family. That is, their definition which is exclusively composed of a man and a woman with children.
It’s worth noting that our right to marry as same sex couples is relatively new. Obergefell vs Hodges was a landmark case at the United States Supreme Court in 2015 where it was ruled that the 14th Amendment requires all states to license marriages between same-sex couples and to recognize all marriages that were lawfully performed out of state.
In 2022 Congress passed and President Joe Biden signed into law the Respect for Marriage Act. This codified into law statutory authority for same-sex and interracial marriages. The act changed the definition of a marriage from “between a man and a woman” to recognize “any marriage between two individuals that is valid under state law.”
The act also requires states to recognize same-sex marriages from other states – prohibiting the denial of rights and access to state government programs based on same sex marriages among other things. That means your same sex marriage from one state still stands in a state that might not allow it. You can still access government programs and benefits there.
All this said, it’s expected that the new administration and conservative forces will try to reverse or chip away at these rights. They have stated it clearly. Believe they will follow through.
A Supreme Court action to overturn Obergefell vs Hodges is a strong possibility though that would take a lot of time and there aren’t currently any cases in the system to challenge it. Expect that in time conservative forces will find one or more to throw up the line to try and get it overturned. We would most likely see this coming and have forward warning.
What could come quickly however is some kind of an executive order – whether it’s constitutional or not – that strikes out against rights of same sex marriage.
Here there would surely be legal fights that could eventually go to a Supreme Court. There could be stays as it moves through the system over years. How our current Supreme Court would rule is not known. In the near term whether it eventually stands or not, the legal process could serve throw unknown hurdles into the process for same sex couples wanting to get married. Gum up the works.
More concerning is that with a full like-minded Congress behind them, the new administration could quickly enact new legislation to reverse all or parts of the Respect for Marriage Act of 2022. They could simply undo it and put things back the way they were or go further creating adverse actions to nullify our existing rights as we know them.
The fact is we simply cannot even imagine or predict what will happen. Thus, it might make sense to get your foot in the door sooner rather than later just in case it gets slammed shut.
Id you are planning a divorce, consider doing it sooner rather than later
After decades of no-fault divorce law, some conservative groups want to make it harder to end marriages. This is more on a local level at the moment with many states making noise about ending no-fault divorce policy. This can make it more difficult, time consuming, more expensive, and in some cases impossible to complete a contested divorce process at all.
If you are planning gender affirming care, consider doing it sooner rather than later
Both federal government and a number of states are actively working at ways to eat away at the rights of those seeking gender affirming care. It’s already happening in fact.
Affirm your medical care / program resources, consider strengthening them where necessary
Historically, conservatives tend to like cutting into social programs, raising eligibility requirements and other policy movements that cause people to lose access to needed programs. If you’re on Medicaid or other subsidized health care programs, make sure you know where you stand with your framework for eligibility and renewal requirements. Keep an eye on changing policy.
Have legal documents in order such as wills, trusts, estate plans, powers of attorney etc
Regardless of who is in office or how the government is behaving toward LGBTQ+ people, it’s always a good idea to have your affairs in order. This is especially true for those of us who don’t have automatic heirs like a spouse or children, or who may not have solid ties with family members we trust.
Who has the power to make decisions for you or your estate when the time comes that you cannot?
Legally adopt children to secure your parental / guardian rights
If you have children or you are a guardian, it’s more important than ever to secure your legal ties and rights to them. It’s really less about you than them. You want to make sure they are taken care of and their well being is insured if anything changes in your legal, marital, health or immigration status.
Act NOW on any outstanding immigration, residency, citizenship, visa process steps/issues.
The new administration has made it clear they plan to make the process of immigration harder, less attainable, and more risky for those who aren’t fully documented. Know your status. Take steps that you to protect yourself. Don’t leave loose ends if you are in a process or program.
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