In a swift response too President Donald Trump’s recent executive order,New York lawmakers are taking decisive action to safeguard access to gender-affirming care for transgender,nonbinary,and gender-nonconforming individuals.

Trump’s directive, issued in January 2025, seeks to restrict access to gender-affirming medical care for individuals under 19. The order prohibits federal funding for procedures like puberty blockers, hormone therapy, and gender-affirming surgeries, characterizing them as “chemical and surgical mutilation.” It also targets grants for research and education related to such care.

The move has sparked notable concern in New York, where gender-affirming care is relatively accessible. Trans youth and their families have voiced anxieties about the future. Following the executive order,some parents reported that NYU Langone had reportedly canceled gender-affirming treatments for some adolescents.

State and City Level Protections

Despite existing state and local laws protecting LGBTQ+ New Yorkers from healthcare discrimination, lawmakers are drafting new legislation to further solidify these protections.

State-Level Response

Assemblymember Linda Rosenthal of Manhattan has introduced a bill in Albany to mandate Medicaid coverage for gender-affirming care. This bill would also expand anti-discrimination protections for LGBTQ+ individuals. Rosenthal stated: “It would be fair to call it a response to Trump’s executive order…I was anticipating some attack on people who are transgender. So once we found out,we drafted something to ensure that people who are transgender – or a gender identity different from what Trump considers allowable in this country – we worked fast.”

City Council’s Push

In New York City, several City Council members have introduced a bill to bolster legal protections for healthcare providers offering gender-affirming care. This legislation would impose penalties on those who interfere with access to these services and explicitly add gender-affirming care to a patient’s private right of action.

Councilmember Shahana Hanif of Brooklyn,a lead sponsor,emphasized the urgency of the situation: “Anti-trans protests are on the rise nationwide,fueled by bigots emboldened by President Trump’s dangerous trans erasure agenda…In this increasingly opposed climate, we must use every tool available to ensure trans patients can access the care they need.”

This bill is part of a broader package that includes expanding public outreach and health campaigns for transgender,nonbinary,and gender-nonconforming New yorkers. Another proposal focuses on providing resources for newly arrived migrants under 24 who identify as transgender, nonbinary, or gender-nonconforming.

Prior to the executive order, the Trump governance removed the words “transgender” and “queer” from the federal Stonewall National Monument’s official webpage, sparking protests in Greenwich Village, a move many saw as part of a broader federal effort to erase trans identities from public recognition.

Legal Challenges anticipated

Councilmember Erik Bottcher of Manhattan anticipates legal challenges to these bills. “The Trump’s administration’s abuse of executive order has been so extensive on so many issues, I think we are going to see a lot of litigation which will be very critically importent in shaping the future of our nation and how democracy works,” he saeid.

Despite the potential for legal hurdles, lawmakers are committed to swift passage and enactment of these bills.

these city-level initiatives are part of a larger effort to counter Trump’s policies. Resolutions are also urging state officials to sign laws protecting patient privacy and requiring hospitals to provide quality care for people with gender dysphoria.

Councilmember Tiffany Cabán of Queens affirmed New York’s commitment: “We will defend our transgender and gender-nonconforming neighbors at all costs,” Cabán said. “To anyone who is considering throwing our LGBTQIA+ community under the bus: Grow a spine. To anyone who wants to ruin the lives of our transgender siblings, take away their access to health care, blame them for society’s ills and take away their rights: grow a heart.”

Federal Court Pushback

Federal courts have already begun pushing back against Trump’s Executive Order. A judge in Seattle blocked the directive from taking effect in Washington, Minnesota, Oregon, and Colorado on March 1, 2025, after attorneys general in those states filed lawsuits. [Citation: reuters]. Another judge in Baltimore, Maryland, issued a separate injunction against the order on March 4, 2025. [Citation: Washington Post]

The legal Landscape of gender-Affirming Care: A Conversation

Following President Trump’s executive order restricting gender-affirming care, New York lawmakers are stepping up to protect transgender, nonbinary, and gender-nonconforming individuals. To understand the legal implications and the road ahead, Archyde spoke with Sarah Chen, a partner at the New York-based law firm of Klein & Davies, specializing in LGBTQ+ rights and healthcare law.

Responding to Federal Restrictions: A Legal Expert’s View

Archyde: Sarah, thank you for joining us. President Trump’s executive order has clearly spurred a reaction in New York. From a legal outlook, how significant are the state and city-level responses we’re seeing?

Sarah Chen: Thanks for having me. The responses in New York are incredibly significant. Trump’s order attempts to restrict access to gender-affirming medical care, notably for young people. New York’s legislative initiatives are a direct countermeasure, designed to codify protections and ensure access to this vital care. These actions send a strong message that New York will not stand by while federal policies undermine the health and well-being of its transgender residents.

Navigating the Anticipated Legal Challenges

archyde: Councilmember Bottcher anticipates legal challenges to these new bills. What kind of legal battles do you foresee, and how strong is New York’s position in defending these protections of gender-affirming care?

Sarah Chen: We can expect challenges based on arguments about states’ rights, federal overreach, and potential conflicts with religious freedom. However, New York has a robust legal foundation. The state has strong anti-discrimination laws and a history of supporting LGBTQ+ rights.Successfully arguing these bills infringes on religious freedom will be challenging as limiting access to medical care based on gender identity is discriminatory.The key will be demonstrating the medical necessity and positive impact of gender-affirming care through expert testimony and empirical data.

The Impact on Transgender Youth and Families

Archyde: Many families are understandably concerned about the impact of these federal restrictions, especially given reports of care cancellations. What advice would you give to transgender youth and their families navigating this uncertain landscape?

Sarah Chen: My advice would be to stay informed, know your rights, and seek legal counsel if you encounter discrimination or denial of care. Documentation is crucial. Keep records of any canceled appointments, insurance denials, or other discriminatory actions. Connect with advocacy organizations like the Sylvia Rivera Law Project or the Transgender Legal Defense & Education Fund. And most importantly, continue to advocate for yourselves and your communities.Remember, you are not alone. Your rights deserve protecting.

Expanding Access and Resources

Archyde: Beyond simply countering the federal order, the New York city legislation aims to expand resources and outreach to transgender, nonbinary, and gender-nonconforming individuals, including newly arrived migrants. How important is this proactive approach?

Sarah Chen: It’s absolutely essential. Legal protections are crucial, but they’re not enough. Many transgender individuals and gender-nonconforming individuals face significant barriers to accessing healthcare, including poverty, discrimination, and lack of awareness. Expanding resources, especially for vulnerable populations like newly arrived migrants, ensures that these protections translate into tangible benefits and improved health outcomes. It’s about creating a truly inclusive and supportive environment.

A Thought-Provoking Question

Archyde: As we see legal battles unfold around gender-affirming care, how can the public best educate themselves and engage in constructive dialog about the complexities of transgender healthcare and rights? We invite our readers to leave their thoughts in the comments below.