Developments in Transgender Rights:
Happy Pride! We are entering this year’s season of celebration and remembrance eager to honor the lives of transgender people we wish were joining us this Pride, who drive our work every day. To that end, this week’s Transgender Rights Digest pays tribute to transgender victims of violence and explores the tools at our disposal to help combat hate-fueled violence. It also covers numerous litigation and legislation developments, including several attempts by the Department of Justice (DOJ) to broaden the narrow ruling in U.S. v Skrmetti. Thank you for taking the time to read this 6th Edition of the Transgender Rights Digest!
Want access to a detailed analysis of the transgender rights law in every U.S. state and territory? Please view our free Policy Resource Hub for Transgender Rights, an exclusive legal database where we update the state of the law every single day - so you’re always up to speed.
Top Line News Stories
At Least Ten Transgender People Have Been Killed In 2026 Within The U.S.
So far in 2026, at least ten transgender people have lost their lives to violence in the U.S. This number reflects only the cases we know about. The actual number is likely higher due to underreporting, discriminatory policing practices, and the misgendering of transgender people in official records and media reports. Overall violence against LGBTQ+ people is on the rise. GLAAD reports that in 2025 there were more than 1000 incidents of LGBTQ+ hate, a nearly 400% increase since the organization started tracking incidents of LGBTQ+ hate in June 2022. Black and Brown people are at an increased risk for being victims of violent hate-crimes with Transgender Europe reporting that 73% of transgender murder victims are Black or Brown.
Combating this hate fueled violence starts with educating yourself and your community on how to support survivors of anti-LGBTQ+ violence and talking about and raising awareness of anti-LGBTQ+ violence. The National Coalition of Anti-Violence Programs (NCAVP) has created several guides that can assist you in taking action. Some of the action recommended by the NCAVP includes:
raising awareness about hate violence in your community,
visibility campaigns to end homophobia, biphobia, and transphobia,
rapid incident response organizing after hate violence incidents,
policy campaigns,
bystander intervention campaigns, and
campaigns focused on ending police violence and profiling of LGBTQ and HIV-affected communities.
Legislation & Litigation Developments
Overview
New Jersey (NJ) advocates celebrated reaching a major milestone as the NJ Senate passed a gender affirming and reproductive shield law.
The Governor of Oklahoma signed a bill prohibiting the use of public funds, including Medicaid, from providing gender-affirming healthcare regardless of age.
The D.C. Circuit Court affirmed district court’s finding that the military’s ban on transgender people serving in the military is fueled by animus.
The Texas Attorney General sued a city pool over a pride event that includes gender-neutral changing rooms.
The DOJ claimed that U.S. v Skrmetti allows them to ban gender affirming healthcare for incarcerated transgender people.
The construction of the Women’s History Museum is left in limbo after Republicans tried to exclude transgender women from the museum
New Jersey Senate Passes Shield Law To Protect Transgender Healthcare
After nearly two and half years of advocacy by the transgender community, their allies, and reproductive rights advocates, New Jersey is poised to pass one of the strongest shield laws in the country. On May 28th, S. 2260 passed the Senate in a 23-12 vote with a vote expected in the Assembly in the next few weeks. Lawyers For Good Government Action Fund has been a major part of the advocacy work to get this bill passed into law.
The shield law strengthens the state’s existing reproductive rights protections by extending them to other forms of best-practice medical care that are already legal in the state, including gender-affirming healthcare.. It further protects this healthcare by ensuring the New Jersey providers are subject solely to the laws of New Jersey. It also shields providers from harassment and interference related to the delivery of lawful care. As attacks on reproductive and gender-affirming healthcare continue to ramp up, it’s more important than ever to ensure our laws can meet the demands of the moment.
Public Funding for Gender-Affirming Care is now Prohibited Under Oklahoma Law
On May 12, 2026, the Governor of Oklahoma signed SB 904 into law. SB 904 prohibits the use of public funds, including Medicaid, to cover gender-affirming care for both adults and minors. It further prohibits the use of state property, facilities, or buildings in the provision of gender-affirming healthcare regardless of age. The bill went into effect immediately upon signing and any public official or employee of the state that is found in violation of the law can be charged with a misdemeanor crime.
D.C. Circuit Court Finds Transgender Military Ban Based On Animus
On June 1st, the D.C. Circuit of Appeals held that the District Court of the District of Columbia finding that the military’s policy banning transgender people–a direct response to Executive Order 14183 demanding the removal of all transgender service members from military service–was “soaked in animus and dripping with pretext” was well supported. In fact, the D.C. Circuit of Appeals points out that the government did “not meaningfully contest the animus finding” and “instead ignore[d] the Administration’s repeated [anti-transgender] statements.” The court affirmed the district court’s preliminary injunction preventing the discharge of transgender military members. However, the court only affirmed relief to the named plaintiffs citing Trump v. CASA–the Supreme Court decision ending nationwide injunctions–and declined to extend that relief to other transgender individuals seeking to join the military. DC Circuit Court of Appeals Judge Wilkins split from DC Circuit Court of Appeals Judge Rogers to join the dissenting DC Circuit Court of Appeals Judge Walker by determining that the harms and equities towards those choosing to join the military differs from those who are currently in the military.
Chris Geidner at Law Dork critically pointed out an egregious exclusion in dissenting Judge Walker’s conclusion. Judge Walker quotes Justice Jackson in Orloff v. Willoughby, “We know that from top to bottom of the Army the complaint is often made, and sometimes with justification, that there is discrimination, favoritism or other objectionable handling of men. But judges are not given the task of running the Army.” However, Judge Walker failed to put in the context that this case was about a single person’s habeas corpus petition due to his frustrations with his assigned role in the military. In fact, the paragraph immediately before the quote states, “[W]e are convinced that it is not within the power of this Court by habeas corpus to determine whether specific assignments to duty fall within the basic classification of petitioner.”
Texas Attorney General Ken Paxton Sues Over Pride Event Involving Gender-Neutral Spaces
To kick off the first day of Pride Month, Texas Attorney General Ken Paxton–who recently mocked transgender children–announced that his office has filed a lawsuit against the City of Denton, Texas for renting a city pool to two non-profits for a pride event where they intend to make gender-neutral changing rooms available for the duration of the event. The State is seeking a temporary restraining order and temporary injunction to require the city to enforce the Texas Women’s Privacy Act (Senate Bill 8) and take meaningful action to prevent the non-profits from turning a typically gender-segregated changing room into a gender neutral one.
The Trump Administration Argues That Skrmetti Allows Them To Ban Adult Healthcare In Prisons
The DOJ argued on May 27th in Kingdom v. Trump in the District Court of the District of Columbia, that it did not need to provide medically-necessary gender-affirming healthcare to incarcerated transgender people in federal prisons. It argued that, consistent with Skrmetti–the Supreme Court decision allowing states to regulate transgender medicine for minors under rational basis scrutiny–, it is simply regulating what it believes to be the appropriate standard of care for individuals with gender dysphoria, which is applied regardless of sex or transgender status and thus does not offend the equal protection clause. If successful, this expansion of Skrmetti would greatly expand both the federal government and state governments ability to regulate transgender bodies and gender-affirming care regardless of age. In making this argument, the DOJ has signaled that it believes it can defend any anti-trans policy or law under the fiction that anti-trans laws and policies do not target a protected classification such as sex or transgender status, by applying the circular reasoning of Skrmetti.
Planned Women’s History Museum in Jeopardy After Republicans Insert Anti-Trans Provision
The Republican-controlled House of Representatives failed to secure the votes to approve the construction of the planned Women’s History Museum after they, among other things, slipped in a provision that would exclude transgender women from being featured in the museum. As The Advocate pointed out, the ban on exhibiting transgender women would remove women like Lynn Conway, a transgender computer scientist who was a key figure in the modern computing space, and Lana and Lilly Wachowski, the legendary directors of The Matrix. In addition to the exclusion of transgender women, the bill would have also given President Donald Trump the ability to change the location of the planned museum from the National Mall to another location entirely.
Trend and Policy Watch
Overview
On the first day of Pride, New York Mayor Zohran Mamdani launched a campaign to raise awareness of New York City’s anti-discrimination laws.
Maine’s ballot referendum to ban transgender athletes from participating on teams that match their gender identity, has been invalidated and will not be on the ballot in November.
Despite extensive advocacy, the New York State budget, passed on May 27th, doesn’t include funding for gender affirming healthcare.
New York Mayor Zohran Mamdani Launches “Trans Rights are Human Rights” Campaign
Gender discrimination complaints in New York City are on the rise. New York Mayor Zohran Mamdani has partnered with the New York City Commission on Human Rights to create a citywide campaign raising awareness of the protections under the New York City Human Rights Law for transgender and gender non-conforming New Yorkers. “Every trans and gender nonconforming New Yorker needs to know that the law is on their side—whether in their workplace, their housing, or in public space,” said Mayor Mamdani in a statement. The New York City Human Rights Law protects people from discrimination in housing, employment, and public spaces on the basis of gender identity or expression.
Maine’s Ballot Referendum Against Transgender Athletes Invalidated
Maine Secretary of State Shenna Bellows announced on May 26th that a previously-approved anti-trans ballot initiative would not appear on the November ballot after an investigation found glaring issues with the signature-gathering process. The proposed ballot initiative would have prohibited transgender students from participating on sports teams and using bathrooms that align with their gender identity. Although Bellows had previously certified the question for the ballot, an investigation by her office has now invalidated over 12,500 signatures, leaving it 532 signatures short of the required threshold of 67,682 signatures. Bellows’ office’s investigation revealed widespread issues in the signature-gathering process, including petition forms being left unattended, forged and duplicate signatures, names that did not match registered voters, and signature collectors failing to follow proper procedures.
New York State Budget Does Not Fund Transgender Healthcare Access
LGBTQ+ advocates in New York are expressing disappointment with the state’s budget after it passed on May 27th. Despite ongoing state and federal attacks on the rights of transgender people, the state’s $269 billion budget for 2027 contains little support or protection for trans New Yorkers. Multiple hospitals in New York have caved to pressure from the Trump Administration and closed their doors to patients seeking gender-affirming care. In response, advocates have been pushing for dedicated state funding for outpatient providers to treat patients who have lost care; however, the 2027 budget failed to allocate any funding to fill that gap. Allie Bohm, senior policy counsel for New York Civil Liberties Union (NYCLU) has called on the state’s leaders to take action to codify the state’s insurance coverage requirement for gender-affirming care, strengthen anti-discrimination laws, and enact increased privacy protections for healthcare information.
The 6th Edition of the Transgender Rights Digest is dedicated to the 10 known transgender people killed in the United States in 2026. May their memories live on in fierce defiance of those who attempt to erase us. ~ Allison Chapman
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