“Big moves on Day 1,” White House senior policy strategist May Mailman crowed on
X the morning of President Donald Trump’s inauguration, linking to a news
article about a forthcoming executive order. Even amid the barrage of actions
during the first hours of the Trump 2.0 presidency, the order—“Defending Women
From Gender Ideology Extremism and Restoring Biological Truth to the Federal
Government”—was a bombshell. It directed federal agencies to eradicate every
trace of what it called “gender ideology” and established new government-wide
definitions of the sexes. “Woman” meant adult human female. “Female” was “a
person belonging, at conception, to the sex that produces the large reproductive
cell.” Men made “the small reproductive cell.” “Sex,” it decreed, was an
“immutable biological reality.”
For at least two years, Trump had been promising to “get transgender out” of
schools, women’s sports, and the military. “It will be the official policy of
the United States government that there are only two genders: male and female,”
he would tell his cheering crowds.
> Riley Gaines, the swimmer–turned–anti-trans activist, fangirled, “May Mailman
> is my Taylor Swift.”
But the order’s sweep and audacity seemed to surprise even Trump’s admirers.
“It’s perfection,” Megyn Kelly gushed on her SiriusXM show. “In my wildest
dreams, I couldn’t have drafted something this beautiful.” On X, the kudos
flowed in from people in the United Kingdom, Australia, and Brazil. Many of the
posts singled out Mailman, a Harvard-educated lawyer quickly identified as the
order’s chief author. Riley Gaines, the swimmer–turned–anti-trans activist,
fangirled, “May Mailman is my Taylor Swift.”
Mailman had spent four years working in the first Trump administration, becoming
an immigration hawk and close ally and friend of senior adviser Stephen Miller.
During the Biden era, she landed at the Independent Women’s Forum, a Washington
power player that rose to prominence by pink-washing conservative economic
policies—claiming to champion women’s freedom and equality while actually
working to undermine them. There, she threw herself into the anti-trans cause,
going from state to state to promote model legislation, known as the Women’s
Bill of Rights, that enshrined narrow definitions of “male” and “female” into
law.
May Mailman, director of the Independent Women’s Forum’s law center, speaks at a
2024 press conference about suing a sorority that allowed transgender women to
join.David ZalubowskiAP
Now, at the start of Trump’s second term, Mailman was stepping into the
spotlight as a White House surrogate and speaking to conservative outlets about
the need to “protect” cisgender women. “If men can just assert that they are
women and take women’s privacy away, take their opportunity away, take their
safety away,” she told a St. Louis radio host, “then there is no such thing as
women’s rights anymore.”
But there were intimations that the crusade against trans people encompassed
something broader. Mailman wasn’t just anti-trans; she was profoundly dismissive
of feminism. “There’s something about, you know, swiping right and left in your
apartment by yourself at 11 p.m. after working a hard day that, like, doesn’t
feel like feminism is the answer to all your problems,” she mocked on one
podcast. She was worried about how “gender ideology” would affect men, too.
“Who’s going to be our firefighters? Who are going to be our policemen?” she
fretted on another.
At a Federalist Society webinar last March, she urged listeners not to even use
the word “transgender,” so as not to give “credence” to the idea of “this being
a category of people.” She also raised an essential question: After defining sex
in the law and kicking trans women out of sports and sororities, what comes
next?
The answer, she suggested, had something to do with sorting out social roles for
men and women. “Trying to figure out how much do we care about gender roles, how
much should gender roles infect the idea of womanhood, will, I think, ultimately
affect our thinking about gender roles absent transgenderism,” she mused.
Then she stopped, as if realizing she was treading into dangerous territory, and
smiled. “That conversation is maybe for another day.”
This is the story of an extraordinary effort by the second Trump administration
to shape our ideas about who and what men and women are—a campaign that began
with the targeting of trans people but has vast implications for the rights of
cisgender people as well. At the center is Mailman, who describes herself as
“one of the most effective and connected veterans of the Trump West Wing,” the
get-it-done woman for Trump’s get-it-done man. “Stephen [Miller]’s the ideas
guy,” she told Blaze News in April. “And then I’m trying to be the one who makes
it happen.”
In her whirlwind tour through the White House last year, Mailman made quite a
few things happen very quickly—including a high-profile pressure campaign
against her alma mater Harvard University to adopt Trumpian priorities in hiring
and admissions or lose federal funding. Then, after six months, she left the
administration, returning to IWF—now rebranded as just Independent Women—to
direct its law center. There, she co-authored amicus briefs in two of the
biggest Supreme Court cases of the year, both involving transgender students
trying to overturn laws that forbid them from playing girls’ sports. The day
after oral arguments, Mailman was on Fox News complaining that some of the
justices had dared to call the students “transgender girls.”
> “The executive order absolutely has implications for heterosexual, cisgender
> women. Sometimes, I think that’s their main target.”
Her Defending Women executive order—and the other anti-trans federal decrees
that followed—had an immediate, sweeping impact on the estimated 2.8 million
trans Americans over age 13. On the phone several days after January’s Supreme
Court hearing, Mailman tells me the push to enshrine definitions of sex had two
goals: to prevent courts and administrators from interpreting existing laws in
ways that are inclusive of trans people and to make voters feel alienated from
Democrats. She frames the idea that transgender women are women as an “elite”
concept. “If the left can’t agree that ‘woman’ means ‘female,’” she says, “there
is something very othering about that to most Americans.”
Now feminist scholars are also starting to raise alarms about the order’s
implications for non-trans women. They warn it could be used to undo 50 years of
legal and economic progress in the workplace, health care, education, and much
more. “At the moment, the most painful, prejudicial consequences are for trans
people,” says Kathryn Abrams, a University of California, Berkeley law professor
studying sex discrimination. But “the executive order absolutely has
implications for heterosexual, cisgender women,” she says. “Sometimes, I think
that’s their main target.”
For decades, much of the conservative movement has been fighting to undermine
anti-discrimination protections based on sex, explains legal historian Mary
Ziegler of the University of California, Davis. These include landmark laws like
Title IX, which applies in education, and court decisions like United States v.
Virginia, which said the government must have a strong reason, based on more
than just stereotypes about physical capabilities, to treat men and women
differently. Those protections profoundly reshaped American society, giving
women more freedom to pursue the lives of their choosing. But they imposed new
requirements on powerful institutions that balked at being regulated, and,
Ziegler says, they outraged Christian conservatives who believe that “God has a
plan for marriage and sexuality and the family” and “God’s plan should be
written into the law.”
The right slowed the momentum for women’s equality when it killed the Equal
Rights Amendment in the early 1980s and turned abortion into a wedge issue.
Decades later, the anti-trans movement’s emphasis on strictly defining sex as
“biological” has given conservatives a new weapon to claw back the feminist
movement’s earlier gains, Ziegler says. The term “biological sex,” she says, has
become “the new takedown strategy for anti-discrimination law.”
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Mailman, not surprisingly, disputes that the sex definitions are part of a wider
effort to weaken sex discrimination law. “Simply cementing the case that sex is
real doesn’t change anything,” she tells me. “It is the status quo.” Nor does
she think enshrining sex definitions based on eggs and sperm will lead to women
being treated differently from men in, say, classrooms and workplaces. “There’s
nothing about that that forces a woman into a separate calculus class.”
But Mailman’s allies in the conservative movement—groups like the Alliance
Defending Freedom, the religious right legal organization that has led many of
the biggest attacks on abortion and LGBTQ rights—have their own agendas. “What
they’re trying to do is to replace sex discrimination law with a Trojan horse
sex discrimination law that no longer prohibits sex discrimination,” Ziegler
says. Rather than attacking protections head on, she explains, “they’re going to
say, ‘American anti-discrimination law means you can treat men and women
differently because they have different bodies.’” If courts embrace this logic,
Ziegler says, it would be much harder to fight back against potential
restrictions on women’s lives—laws that limit job options for pregnant workers,
for example, or that ban women from military schools—by arguing they violate the
Constitution’s equal protection clause.
> “The administration is telling us what their long game is, which is to treat
> women’s bodies as commodities and to create laws to exert control over these
> commodities.”
Other Trump 2.0 priorities, like its fixation with increasing birth rates, add
to this growing sense of feminist dread. “They’re so open about the fact that
they want women to leave the workforce and have babies—the earlier, the
better—and fulfill the role of motherhood,” says Ting Ting Cheng, director of
the Equal Rights Amendment Project at the NYU School of Law. “The administration
is telling us what their long game is, which is to treat women’s bodies as
commodities and to create laws to exert control over these commodities.”
“The foundational piece,” Cheng adds, “is defining people by their biology—to
essentially see women as people who have one manifest destiny to fulfill.”
Last spring, to mark Trump’s 100th day in office, Mailman spoke with Debbie
Kraulidis, vice president of Moms for America and host of its podcast.
Inevitably, the conversation turned to trans kids in schools. Mailman recalled
her own childhood in the 1990s and early 2000s: “When I was growing up,” she
declared, “it was okay to be a feminine guy. It was okay to be a masculine
girl.” Nowadays, she lamented, “you can’t be a tomboy anymore, because you’ll
get your body parts chopped off.”
The first child of a surgeon and his Korean-born wife, Mailman (née Davis)
remembers her upbringing in “middle-of-nowhere” Kansas with great fondness: “For
kids who are from small towns,” she told another podcaster, “you really get to
build up your self-esteem and try a lot of things.” At Clay Center Community
High School (class of 2006), she was a student council officer, drill team
member, and athlete (lettering in cheerleading, tennis, and track), as well as
the star at the top of the “Singing Christmas Tree.” By college, she was also a
committed conservative, serving as treasurer for the University of Kansas
College Republicans and interning for US Sen. Sam Brownback, a GOP stalwart who
later became governor. But she didn’t seem to take herself too seriously,
entering Spike TV’s “sexiest co-ed” competition in 2007 and earning a write-up
in the college paper. “If somebody was doing it who wasn’t me, I’d probably be
judgmental,” she told the reporter. Then again, “Why not, for $5,000?”
Graduating into the Great Recession with a journalism degree, she joined Teach
for America, landing at Pathway Academy, a majority-Black charter school in
Kansas City, Missouri. The school’s executive director, Jennifer Fleming,
recalls her as “extremely intelligent, very self-motivated, goal-oriented,”
building relationships with students and their families. Mailman would later
describe implementing strict discipline, like “standing silent lunch,” in her
classroom. Her sixth-grade class scored so high on state tests that the school
got its accreditation back, Fleming says. The experience seemed to reinforce
Mailman’s conservative beliefs. “I had always thought that Teach for America
would help me equip people to be responsible for themselves,” Mailman later
recalled for a profile on IWF’s website. “But my kids didn’t have the home
environment necessary to do school…I became much more focused on what we can do
to build families.”
After two years and a master’s degree in education, Mailman headed to Harvard
Law, where she chafed at automatically being made a member of the Women’s Law
Association, she told me in an email after we spoke in January. “They gave us
ladies a little pep speech, saying that women should support each other in class
by applauding other women’s contributions,” she wrote. Men had no equivalent. “I
hated this. It felt so infantilizing.”
Mailman wanted me to know that as a conservative, she’s in favor of treating
women equally; it’s left wingers who seek, through such “race and sex based
identity groups,” to treat women as “weak or ill equipped” in her view. (Equal
doesn’t mean identical, however: “At the same time, sex exists,” she wrote,
citing differences between men’s and women’s LSAT scores.)
May Mailman (née Davis, standing on left) poses with the girls’ tennis team in
her 2006 high school yearbook.Clay Center Community High School From her 2006
yearbook, Mailman was the star at the top of her high school’s “Singing
Christmas Tree.”Clay Center Community High School
Mailman’s aversion to groups like the Women’s Law Association would echo, years
later, in her Trump 2.0 campaign to eliminate diversity and inclusion measures
at Harvard and other higher education institutions. The problem with
universities, she told the New York Times last fall, is their “culture of
victimhood—a glorification of victimhood—that is ultimately bad for Western
civilization and bad for the country.”
During her Harvard years, she’d felt very much outside the Obama-era political
mainstream. “Conservatism was a lonely place,” especially for women, she told a
podcaster last year. But that isolation was also empowering: “You end up being
very comfortable with yourself, comfortable with your arguments, comfortable not
having a lot of friends.” She became president of the ultra-elite Harvard
chapter of the ultra-connected Federalist Society. Post-Harvard, she landed a
prestigious clerkship with a federal appellate judge in Denver, then moved on to
a private law firm. When a Harvard friend reached out with an offer to work at
the “center of the universe”—the first Trump White House—she accepted
immediately.
Mailman started on day one of Trump 1.0 and stayed until the bitter end.
According to emails reported by the New York Times, as deputy White House policy
coordinator in 2018, she floated a proposal to send detained migrants to
sanctuary cities. She describes herself as part of the “cleanup crew” for the
administration’s family separation policy at the border. Later, she was promoted
to the powerful White House counsel’s office, where her portfolio included
social issues and the administration’s response to the Covid-19 pandemic.
Trans issues were also on the White House’s radar, including a military ban. In
2018, the Department of Health and Human Services even considered an order that
would have narrowly defined sex as “immutable biological traits identifiable by
or before birth.” But the conservative base reacted with crickets to proposed
anti-trans policies, Mailman recounted on a podcast. “Nobody seemed to care,
except for people who didn’t like it.”
Indeed, public support for trans rights was at an all-time high. When North
Carolina passed a law in 2016 restricting trans students’ bathroom access in
schools, Fortune 500 companies boycotted the state. Then in June 2020, the
Supreme Court stunned conservatives by ruling 6–3 that firing someone for being
gay or transgender violated the federal law banning sex discrimination in the
workplace. “It is impossible to discriminate against a person for being
homosexual or transgender without discriminating against that individual based
on sex,” Justice Neil Gorsuch, Trump’s first appointee to the high court,
reasoned in Bostock v. Clayton County. Mailman hated the decision: “I would
argue there’s no logic to Bostock,” she told me.
Mailman was still working for Trump when his supporters stormed the Capitol on
January 6, 2021. That very day, she accepted a job offer from the Ohio attorney
general, anticipating that her colleagues were about to become “unhirable for a
very long time,” she later admitted. One month after Trump left office, Mailman
also began a fellowship with the Independent Women’s Forum. Like many
conservative organizations, IWF was starting to invest in anti-trans
politics—putting Mailman at the center of the next big culture war.
The organization Mailman joined had its roots in the 1991 Supreme Court
nomination that was itself a turning point for the role of women in American
politics. President George H.W. Bush’s nomination of Clarence Thomas to replace
civil rights icon Thurgood Marshall on the nation’s highest court was greeted
with howls of liberal outrage. Even before Anita Hill’s sexual harassment
allegations threatened to tank his nomination, Thomas’ close friend Rosalie
Silberman organized “Women for Judge Thomas” to vouch for his character. Thomas’
confirmation activated a generation of left-leaning women around the issue of
sexual harassment. Silberman and her comrades created the Independent Women’s
Forum to counter them. “We listened to the spin of those days—the litany that
women are victims and men just don’t get it—and decided that those woebegone
women did not speak for us,” Silberman said in 1998. “Nor did we think that they
spoke for the vast majority of American women.”
IWF’s policy agenda was defined by being anti-regulation and anti–“female
victimhood.” At various points over its 35-year history, the organization has
opposed the Violence Against Women Act, women’s admission to the Virginia
Military Institute, the Affordable Care Act, and paid family and sick leave. It
claimed Title IX was being used to defund men’s sports, that sexual violence
rates were overblown, and that the gender pay gap was the result of women’s
choices. For a time, it was run in tandem with the Koch brothers–affiliated
interest group Americans for Prosperity.
Supreme Court nominee Clarence Thomas appears at his Senate confirmation hearing
in 1991.Lee Corkran/Sygma/Getty Members of the Independent Women’s Forum gather
in a Northern Virginia conference room in 1995.Mary Lou Foy/Washington
Post/Getty
From the beginning, much of IWF’s influence was derived from its messaging,
starting with its claim to be “independent”—seeming to stand apart not just from
feminists, but from ultra-right groups, in part because it didn’t take a public
stance on abortion. “Being branded as neutral, but actually having people who
know-know that you’re actually conservative, puts us in a unique position,” IWF
Board Chair Heather Higgins, a pharmaceutical heiress, explained at an event for
potential 2016 donors. “Our value…is taking a conservative message and packaging
it in a way that will be acceptable.”
IWF’s first public, tentative forays into anti-trans politics seem to have
started around 2017, with news releases ridiculing colleges for putting free
tampons in men’s restrooms and for recommending that professors ask students
their pronouns. Then in 2019, the conservative anti-trans movement suddenly got
serious. That’s when the far-right American Principles Project turned a Kentucky
gubernatorial election into a petri dish for anti-trans messaging—and found that
a video about a boy in girls’ wrestling struck a nerve.
> It didn’t matter that trans athletes were—and continue to be—vanishingly rare,
> or that lawmakers in some states were unable to identify a single player who
> would be affected by their bans.
The Democrat won anyway. But conservatives had identified a compelling
narrative: Trans people were victimizing female athletes. Within months,
Republicans in 17 states introduced a new type of bill, banning trans girls from
playing on girls’ sports teams. It didn’t matter that trans athletes were—and
continue to be—vanishingly rare, or that lawmakers in states like Tennessee and
South Carolina were unable to identify a single player who would be affected by
their bans.
The sports issue became the turning point for an anti-trans coalition that
included juggernauts of the religious right like the Heritage Foundation and
Alliance Defending Freedom. IWF stepped up to provide a female face and voice
for the message. Never mind that the “women are victims” narrative contradicted
so much of its past work. By 2022, threat of trans athletes had become a central
theme of IWF’s messaging. It snapped up aggrieved athletes like college swimmer
Riley Gaines, training her to communicate her story of tying for fifth place
with transgender swimmer Lia Thomas and eventually hiring her as a spokeswoman.
Payton McNabb, a high school volleyball player injured from a spike by a
transgender girl, became another “ambassador.”
Mailman embraced the message too, testifying on behalf of IWF against trans
athletes in front of a House Judiciary subcommittee. IWF’s media training was a
big part of why she joined the group. “I wanted to be on liberal media as a
conservative person,” she says, “trying to talk to people,” the way pundits of
old used television to shape public opinion when she was a kid.
As Mailman sees it, female messengers have been critical to shifting the
narrative around trans issues because—stereotype alert!—they are better at
conveying empathy than men. For a long time, she tells me, progressive messages
of acceptance and affirmation held sway, and “women do want to be kind, and we
do want to be empathetic.” So conservatives needed women to challenge “the
empathy play,” she went on. For men, it’s “not their natural language.”
Differentiating the sexes based on such stereotypes is exactly the type of thing
that causes left-leaning women to shudder. But one of the most confounding
aspects of the Defending Women executive order is its connection to a group of
activists who define themselves as radical feminists.
In 2022, IWF announced an ambitious new project that would serve as a prototype
for the Defending Women order: a model bill, then known as the Women’s Bill of
Rights, that defined male and female in law according to a narrow view of
biology. At a press conference, IWF and other social conservatives spoke
alongside current and former members of Women’s Liberation Front, a small
left-wing group vehemently opposed to the very idea of transgender identity. IWF
leaders described their legislation as merely ensuring that policymakers were
all on the same page about the meanings of “female” and “male.” But former WoLF
board member Kara Dansky, speaking on the call, made it clear that the bill’s
goal was to end legal recognition of transgender people. “Everyone is either
female or male,” she declared on the call. “Everything else is a lie.”
Sometimes known as trans-exclusionary radical feminists, or TERFs, activists
like Dansky believe that women’s rights will be lost if the category of “women”
includes people assigned male at birth. They’ve pushed for decades to exclude
trans women from women’s spaces. (Some who adhere to these views—including,
famously, Harry Potter author JK Rowling—consider the TERF acronym a slur and
describe themselves as “gender critical”; others embrace it.) Mailman tells me
that TERF activists, particularly Dansky, were the intellectual force behind the
effort to enshrine sex definitions. “The ones that were really driving the
charge and had just a lot more knowledge and background, and had been thinking
about these issues, writing about these issues, for such a long time, tended to
be people on the left,” she says. (Dansky, in an email, says she did not
contribute directly to the model bill’s language or strategy, though she does
call Mailman an “extremely intelligent lawyer.” Like Mailman, she doesn’t
believe that enshrining sex definitions could turn back the clock on women’s
equality under the Constitution. “Radical feminists are gender abolitionists who
fully support women who do not conform to sex stereotypes,” she writes.)
Former Women’s Liberation Front board member Kara Dansky speaks at a 2020 event
at the Seattle Public Library.Lindsey Wasson for the Washington Post/Getty
The Women’s Bill of Rights wasn’t the first time radical feminists had teamed up
with social conservatives on transgender issues. In 2016, WoLF received a
$15,000 grant from the Alliance Defending Freedom to fund a lawsuit over trans
students’ access to bathrooms and locker rooms. In 2021, WoLF took another
$50,000 from ADF to sue California over a law that allows transgender women to
be housed in women’s prisons. “It would be foolish to let performative
virtue-signaling prevent us from using available resources,” WoLF legal director
Lauren Bone emailed when I asked about the group’s work with the far right.
Both sides have benefited from the strange alliance, Joanna Wuest, an assistant
professor at Stony Brook University, points out. Right-wing money and
connections allow fringe TERF groups to “punch above their weight,” she says.
And conservative Christian groups get “a lot of rhetorical leverage out of
saying [that even] radical feminist organizations are opposed to this
interpretation of sex as gender identity.”
> Conservative Christian groups get “a lot of rhetorical leverage out of saying
> [that even] radical feminist organizations are opposed to this interpretation
> of sex as gender identity.”
Soon after the Women’s Bill of Rights was unveiled, Sen. Cindy Hyde-Smith
(R-Miss.) introduced a version of it in Congress. With the midterms approaching,
IWF targeted hundreds of thousands of Facebook users in swing states with ads
touting the model bill as part of its supposed crusade for women’s empowerment,
boosted by a $100,000 “Innovation Prize” from Heritage. In 2023, versions of the
legislation began popping up in statehouses around the country. To promote it,
IWF sent Riley Gaines and Mailman—a trip Mailman would later describe as her
“first foray into TERFdom.”
Mailman, by then married to former professional baseball player David Mailman,
leaned on her own experiences as a woman to advocate for the bills.
“‘Identification’ replaced the biological reality that we have been living our
entire lives—that I am particularly 32 weeks into living right now,” she said on
a stage in West Virginia, visibly pregnant with her second child. Her blitz
through the state “was terrifying to watch,” says Khadijah Silver, director of
gender justice and health equity at Lawyers for Good Government. “She did an
incredible job of flooding legal and political environments, partnering with the
right groups, to normalize a regressive and anti-scientific and extremely
unfeminist analysis of gender—and make it pretty hard to break through that
messaging.”
The Kansas legislature became the first state to pass the bill in the spring of
2023, and when Democratic Gov. Laura Kelly vetoed it, the Republican
supermajority overrode her. (“Victory!” WoLF declared in a press release.)
Today, 16 states have similar laws, and two more have issued executive orders
likewise defining sex.
Logan Casey of the Movement Advancement Project describes the Women’s Bill of
Rights as “more existential” than other anti-trans bills. “They’re not targeting
just one policy area,” he says. “They’re zooming up and saying across the entire
government, here’s how we define the word ‘sex’ so that we can basically apply
it everywhere that we want, until somebody stops us.”
Mailman drew on the state sex-definition bills as she drafted the Defending
Women executive order. But the ink on Trump’s signature was barely dry before
scientists began to push back, arguing that for all the order’s claim to
“biological truth,” a modern understanding of sex involves far more than eggs
and sperm. Today, many biologists view sex as measured by multiple
indicators—hormones, chromosomes, genitalia, brain physiology—that typically but
don’t always align.
> Scientists began to push back, arguing that for all the order’s claim to
> “biological truth,” a modern understanding of sex involves far more than eggs
> and sperm.
More outcry came from reproductive-rights advocates, because the order defined
sex as existing “at conception”—language that nods to anti-abortion religious
activists who argue that fetal rights begin at fertilization. House Speaker Mike
Johnson, for one, was elated about that phrasing, vaunting it during the 2025
March for Life in Washington. Mailman tells me the “at conception” language was
added not for abortion policy purposes, but to make the point that sex is
determined by DNA prior to birth. Still, “there’s a nice flavor to respecting
fetal personhood,” she says. “That’s an added benefit.”
So far, the Trump administration has not used the Defending Women order to
pursue anti-abortion policies. Instead, it has zeroed in on attacks on the
transgender community. The order had an immediate impact on passports, federal
funding for gender-related health research, and transgender prisoners. Soon came
more executive orders targeting teachers who supported trans students, schools
that let them play girls’ sports, and doctors who provided them gender-affirming
health care. Another order stated that being trans “conflicts” with a soldier’s
“honorable, truthful, and disciplined lifestyle.” The Departments of Justice and
Education formed a special team to investigate schools for promoting “gender
ideology”—and some universities, in this new climate, fired instructors and
censored Plato.
The changes have been so drastic that federal judges have put many of the
federal government’s anti-trans policies on temporary hold. But the ultimate
decider will be the Supreme Court, which already has signaled its willingness to
interpret sex discrimination law in ways that exclude trans people. Last June,
conservative justices ruled 6–3 that states can ban puberty blockers and hormone
therapy for transgender minors. In November, the Supreme Court allowed the State
Department to stop changing trans people’s gender markers on their passports.
Mailman appears on Fox News on January 14, 2026, to discuss the transgender
sports cases before the Supreme Court.Fox News
The court is currently considering a pair of cases that directly ask how much
different treatment for the sexes based on “biology” is allowable. The cases
involve two states, Idaho and West Virginia, which have both passed laws banning
trans girls and women from playing on women’s school sports teams.
During oral arguments in January, ultra-conservative Justice Samuel Alito seemed
to view the cases as an opportunity to enshrine a constitutional definition of
sex: How can a court determine whether there’s discrimination on the basis of
sex, he asked, “without knowing what sex means?” But Justice Amy Coney Barrett
appeared to understand that there would be greater consequences to a decision
that gave states more leeway to treat men and women differently, so long as the
state claimed the reason was biological.
“Your whole position in this case depends on there being inherent differences,
right?” Barrett asked the lawyer for West Virginia. But, she hypothesized, what
if a state could produce studies showing that women’s presence in calculus
classes held back men’s learning? Could women be excluded from calculus? “Seems
to me like there would be some risk on your understanding that that would be
okay,” she said.
The exchange showed that even the Supreme Court justices are thinking about how
an anti-trans ruling could have wider consequences for sex equality, says Kate
Shaw, a law professor at the University of Pennsylvania and co-host of the
Strict Scrutiny podcast. “They’re opening up the possibility of much broader
potential exclusions,” she says. Such a decision could call into question
decades of progress fighting sex discrimination. After all, differences between
men’s and women’s bodies have been used for much of human history to justify
treating women as inferior to men.
The Trump administration has been open about its desire to return to those old
days—from Defense Secretary Pete Hegseth’s opposition to women in combat to the
White House’s reported consideration of proposals for “baby bonuses” to
incentivize women to have more children. Even the title of the Defending Women
executive order reflects early-1900s logic that the government needs to protect
women due to their inherent fragility—an idea the Supreme Court rejected during
the sex equality revolution of the 1970s, Shaw argues in a recent law journal
article. And at a December press conference announcing a rule targeting trans
teenagers’ medical care, Deputy Health Secretary Jim O’Neill described gender
roles as divinely ordained. “Men are men. Men can never become women,” he
paraphrased Mailman. “Women are women. Women can never become men.” Then he went
a step further: “At the root of the evils we face—such as the blurring of lines
between sexes and radical social agendas—is a hatred for nature as God designed
it and for life as it was meant to be lived.”
It’s the focus on transgender people that gives the administration “cover” to
pursue this broader regressive agenda, Ziegler argues. For that strategy, she
credits Mailman and her allies. The Defending Women order “is about to matter in
a big way,” she says. “It created political cover for all of these changes that
are going to affect trans people, queer people, along with cis, straight men and
women.”
Mailman left the White House in early August, pregnant with her third child. But
she’s found it hard to step away entirely. In addition to rejoining Independent
Women, she has launched her own consulting firm and is representing Netflix as
it attempts to acquire Warner Brothers Discovery (reportedly alongside Kellyanne
Conway, a Trump 1.0 loyalist who used to be on IWF’s board). She also continued
to work for the administration in its negotiations with Harvard. At the time we
spoke, she hadn’t turned in her government laptop.
On her last official day in the White House, the Wall Street Journal published a
story titled, “The Conservative Women Who Are ‘Having It All,’” with Mailman
prominently featured. She’d been flying on weekends from DC to Texas, where her
husband, who owns a tree-transplanting company, took care of their children with
a nanny’s help, the Journal reported. “In theory, I would love to be a trad
wife,” Mailman confided. She’d intentionally picked a husband who made more
money so she “wouldn’t feel trapped” in the workplace, she said. But she didn’t
feel guilty about missing time with her kids: “I don’t have a victimhood
mentality.”
For all the praise that conservatives heaped on Mailman for her work in the
White House, these details about her home life rubbed some the wrong way. A few
weeks later, the Institute for Family Studies, a right-wing think tank, started
publishing rebuttals to the Journal article—and to the lifestyles of the
conservative women it featured. “There is no boss, no industry, no political
administration or nation who needs a woman more than her children need her,” one
writer, Maria Baer, reprimanded.
Baer was calling out Mailman for defying the gender ideals that social
conservatives were working so hard to promote. And then Baer stuck in the knife:
It was a matter of biology for women to devote themselves to mothering. “We
pursue high-powered careers because we want to make an impact, to leave a
legacy, to be remembered, or to change the world,” Baer wrote. “There is no
surer way to accomplish each of these than by mothering our own children—a job
which, by definition, no one else in human history can do.”
Mailman probably shouldn’t have been surprised. But the criticism from an
organization she respects came as a blindside. “It was frustrating,” she tells
me on the phone, her baby fussing in the background. “I felt like I was getting
critiqued on something that I literally was actually doing the opposite on.”
She’d joined the Trump transition team thinking her tenure would be brief, she
says, then accepted a job in the administration to “help my friends,” but only
for six months. She’d repeatedly said no to working in the White House “because
I wanted to be around my young kids and my husband, not for any cultural
pressure reason, but that’s what’s best for me and for what I wanted.”
It was yet another reminder that, despite Mailman’s insistence that defining sex
narrowly wouldn’t affect women’s equality, right-wing groups can’t be counted on
to go along with that rosy thinking. Nor did it seem to strike her as
contradictory that being able to pursue “what’s best for me and for what I
wanted” depends on the very feminist gains that those groups—now armed with the
Defending Women order—are working to undermine.
But Mailman was too busy to be upset at her allies-turned-critics. “Everybody is
going to have their own opinion about everybody else,” she says. “You just move
on.”
Tag - LGBTQ
During an NCAA women’s swimming championship in March 2022, two seniors tied for
fifth place. The race was unremarkable except for one fact: One of the swimmers,
Lia Thomas, was a transgender woman. The swimmer she tied with, Riley Gaines,
believed the NCAA never should have allowed her to participate.
The matchup, and Gaines’ subsequent transformation into a leading anti-trans
activist, has fueled a growing movement to “save women’s sports” from trans
women—and a conservative crusade against trans rights more broadly.
Subscribe to Mother Jones podcasts on Apple Podcasts or your favorite podcast
app.
This week on Reveal, we examine Gaines’ rise and radicalization, as her rhetoric
shifts from calling out NCAA policy to calling trans women sexual predators.
Over the last year, the anti-trans movement has reached a tipping point. Trans
girls are banned from girls’ school sports in the majority of states. The NCAA
and US Olympic and Paralympic committees have banned trans women from women’s
competitions. The Supreme Court is currently considering the issue, too.
Then we dive into the science to understand how gender-affirming hormone therapy
affects trans women’s performance—and what questions science still has not
answered around fairness in women’s sports.
Finally, we return to the swimming pool, as reporter Imogen Sayers speaks with
Meghan Cortez-Fields, one of the last transgender swimmers to compete as a woman
in the NCAA.
At the Senate Committee on Health, Education, Labor and Pensions’s abortion
pills hearing on Wednesday, Sen. Josh Hawley of Missouri spent the whole of his
allotted time reiterating disinformation about transgender people.
And, this isn’t the first time he’s utilized a hearing about reproductive
healthcare to do so.
During an interaction at the hearing, Sen. Hawley asked Dr. Nisha Verma, who
provides reproductive care in Georgia and Massachusetts, “Can men get pregnant?”
Hawley asked this question over 10 times, repeatedly cutting her off when she
attempted to answer.
Verma, along with Dr. Monique Wubbenhorst and Louisiana Attorney General Liz
Murrill, was called on by the committee for the hearing. Wubbenhorst previously
testified in support of anti-abortion initiatives, and AG Murrill just indicted
a California abortion provider on felony charges, accusing him of sending
abortion pills into her state.
Before Hawley had the chance to share his views on gender, Florida Sen. Ashley
Moody kicked off the topic by asking, “Miss Verma, can men get pregnant?”
“Dr. Verma,” she corrected.
Moody repeated:“Dr. Verma, can men get pregnant?” Verma paused. Moody asked the
other witnesses, who quickly replied “no.”
Later in the hearing, before handing off the mic to Sen. Hawley, Sen. Bill
Cassidy (R-LA), who chairs the committee, said, “I think it’s science-based, by
the way, that men can’t have babies.”
Then, it was Hawley’s turn.
“Since you bring it up, why don’t we start there,” he began. “Dr. Verma, I
wasn’t sure I understood your answer to Sen. Moody a moment ago. Do you think
that men can get pregnant?”
“I hesitated there because I wasn’t sure where the conversation was going or
what the goal was,” Dr. Verma responded, adding, “I mean I do take care of
patients with different identities, I take care of many women, I take care of
people with different identities.”
“Well,” Hawley returned, “the goal is the truth, so can men get pregnant?”
“Again,” Dr. Verma said, “the reason I pause there is I’m not really sure what
the goal of the question is—” Hawley cut her off, in part saying, “the goal is
just to establish a biological reality.”
“I take care of people with many identities—” Dr. Verma began, before being cut
off by Hawley.
“Can men get pregnant?”
“I take care of many women, I do take care of people that don’t identify as
women—”
“Can men get pregnant?”
“Again, as I’m saying—”
Hawley cut in. This tempo continued, with the senator at one point saying that
he was “trying to test, frankly,” Dr. Verma’s “veracity as a medical
professional and as a scientist” and “I thought we were passed all of this,
frankly.”
> Sen. Josh @HawleyMO: "Can men get pregnant?"
>
> Dr. Nisha Verma: "I'm not really sure what the goal of the question is."
>
> Hawley: "The goal is just to establish a biological reality…Can men get
> pregnant?" pic.twitter.com/4egtfZrPgB
>
> — CSPAN (@cspan) January 14, 2026
Transgender men can and do get pregnant, as detailed in several different
reports currently posted on The National Library of Medicine, which operates
under the Department of Health and Human Services. Scientific research on this
community is still limited, in part due to transgender men being hesitant to
seek medical care in hospitals. Research out of Rutgers University found that
about 44 percent of pregnant transgender men seek medical care outside of
traditional care with an obstetrician, like with a nurse-midwife.
During the hearing, Republican members described abortion medication as
dangerous and in need of further restriction. Their Democrat colleagues said
that the hearing, entitled “Protecting Women: Exposing the Dangers of Chemical
Abortion Drugs,” was a way to discredit settled science.
Mifepristone, one of the pills used in abortions with medication, has been
approved by the US Food and Drug Administration for over 25 years and, just this
past October, the FDA approved another generic version of the pill. A New York
Times review of more than 100 studies on abortion medication found that it is
safe and effective.
The current pushback against abortion medication, which accounted for 63 percent
of all abortions in the US in 2023, is being spearheaded in part by Erin
Hawley—the senator from Missouri’s wife. Erin Hawley works for the Alliance
Defending Freedom and, in 2024, unsuccessfully argued for further restrictions
on abortion medication in front of the Supreme Court. In December, the couple
launched “The Love Life Initiative,” which aims to support anti-abortion ballot
initiatives.
Back in 2022, at a different hearing on abortion access, Sen. Hawley focused on
the same topic with another witness: law professor Khiara Bridges. Hawley began,
as he did on Wednesday, by saying he “wants to understand.”
“You’ve referred to people with a capacity for pregnancy. Would that be women?”
Hawley said. Bridges responded, explaining that some cis women can get pregnant
while others can’t—and that people who don’t identify as women get pregnant,
too. “So,” the senator returned, “this isn’t really a women’s rights issue.”
Bridges replied, smiling: “we can recognize that this impacts women while also
recognizing that it impacts other groups. Those things are not mutually
exclusive, Senator Hawley.”
Tributes poured in on Sunday following the news of the death of director and
actor Rob Reiner and his wife, film producer and photographer Michele Reiner. If
you take a look at them, you’ll notice that many go beyond his film work and
speak glowingly about his progressive activism—except for one missive from
President Donald Trump.
The president lashed out earlier today, claiming the filmmaker had “TRUMP
DERANGEMENT SYNDROME” and hated that his administration “surpassed all goals and
expectations of greatness.”
> Remember when they tried to make criticizing Charlie Kirk after his murder
> into a capital offense?(Yes, this is real.)
>
> — Joel S. (@joelhs.bsky.social) 2025-12-15T14:59:18.290Z
Reiner was a co-founder of the American Foundation for Equal Rights (AFER), a
nonprofit organization established to sponsor a federal lawsuit to overturn
California’s Proposition 8 in 2009.
The ballot proposition banned same-sex marriage and added language to the
California Constitution, stating “only marriage between a man and a woman is
valid or recognized in California.”
Religious organizations, including the Catholic Bishops of California and the
Church of Jesus Christ of Latter Day Saints, advocated for the proposition
through in-person canvassing and millions of dollars in donations.
A report from The Hollywood Reporter stated that Reiner collaborated with
political strategists to establish AFER and leveraged his entertainment industry
connections to secure $3-5 million in financial backing from wealthy film
producers to support its legal work.
AFER supported two couples—Kris Perry and Sandy Stier, and Paul Katami and Jeff
Zarrillo—and argued that Prop 8 discriminated on the basis of gender and sexual
orientation.
Chief US District Judge Vaughn Walker overturned Prop 8 in 2010, citing that it
violated both the Due Process and Equal Protection clauses of the Fourteenth
Amendment.
The case went all the way to the US Supreme Court due to appeals. The court
decided in 2013 that the Prop 8 sponsors did not have legal standing to dispute
the ruling because they could not demonstrate a “personal and tangible harm”
that went beyond a “generalized grievance.”
Prop 8 wasn’t just a one-off in Reiner’s progressive activism. In 1998, he led
the campaign to pass Proposition 10 in California. It passed that November,
authorizing a $0.50 tax on cigarettes and up to $1 on other tobacco products,
such as cigars. The money generated went to First 5 California, which
distributes funds to the state’s county branches in support of programs for
young children, such as health care and school readiness.
“I loved Rob,” Kathy Bates, who won an Oscar for her starring role in Reiner’s
film, “Misery,” said in a statement to Deadline. “He was brilliant and kind, a
man who made films of every genre to challenge himself as an artist.”
Despite these progressive policy wins for Reiner, he was still compassionate
enough to mourn people whose politics he despised. After Charlie Kirk was
murdered in September, Reiner appeared on Piers Morgan Uncensored. “That should
never happen to anybody,” he said of Kirk’s violent and public assassination. “I
don’t care what your political beliefs…that’s not a solution to solving
problems.”
> Rob Reiner responded with grace and compassion to Charlie's assassination.
> This video makes it all the more painful to hear of he and his wife's tragic
> end. May God be close to the broken hearted in this terrible story.
> pic.twitter.com/07g2EFu8Ha
>
> — Andrew Kolvet (@AndrewKolvet) December 15, 2025
As of this writing, Reiner’s murder is still being investigated by Los Angeles
police and Hollywood is left to mourn one of its most visionary activists.
On Sunday, US lawmakers released the annual defense policy bill authorizing a
record $901 billion in national defense spending in 2026. The bill was somehow
$8 billion more than President Trump requested, and bans transgender women from
competing in sports at military universities.
The 3,086-page bill states that the Secretary of Defense will ensure military
academies do not permit a person “whose sex is male to participate in an
athletic program or activity that is designated for women or girls.” The text
codifies “sex” as “a person’s reproductive biology and genetics at birth.”
The bill has already been negotiated between Republicans and Democrats and is
set to go to a House vote this week, likely leaving little room for significant
changes.
But the new version does drop the ban on Defense Department funding on
gender-affirming surgeries. Previous versions passed by both the House and the
Senate incorporated the ban.
The House bill approved in September also prohibited gender transition services
for family members through the Exceptional Family Member Program: “No gender
transition procedures, including surgery or medication, may be provided to a
minor dependent child through an EFMP.”
Last year’s National Defense Authorization Act restricted TRICARE, the health
care program that provides civilian health benefits for US military personnel,
their dependents, and retirees, from covering “certain medical procedures for
children that could result in sterilization.”
The NDAA is must-pass legislation as it sets the defense budget and determines
the policies it will apply to each year. NDAA laws from previous fiscal years
thus have a knock-on effect, opening the door for lawmakers to flood the new
bill with anti-trans provisions that would likely not pass on their own and
force Democrats to block them while on limited time.
The House bill that was passed in September contains several anti-LGBT
amendments in addition to the ban on “gender transition procedures” for
servicemembers’ children. Many of Rep. Nancy Mace‘s (R-SC) proposed additions
were adopted—including prohibiting coverage for “gender-related medical
treatment,” defined to include puberty blockers, hormone therapy, and surgeries,
as well as mental health care for transgender young people and requiring the use
of single-sex facilities such as restrooms and locker rooms according to their
“reproductive system.”
Every year’s NDAA will likely prompt discussions on what anti-transgender
provisions could be forced through. As my colleagues Madison Pauly and Henry
Carnell wrote in January, President Donald Trump is restricting access to
gender-affirming care for transgender youth. This has led institutions like the
NCAA and government departments such as the Department of Veterans Affairs to
bow to his orders. The NDAA is just one piece of this coordinated effort.
When President Donald Trump tries to defend his mass deportation agenda, he
claims, without evidence, that immigrants are entering the United States from
“mental institutions and insane asylums.”
When he wants to insult people—like Federal Reserve Chair Jerome Powell, Rep.
Jasmine Crockett (D-Mo.), or former Vice President Kamala Harris—he calls them
“low IQ,” “deranged,” and “mentally disabled.”
And when he and Vice President JD Vance tried to justify the federal takeover of
Washington, DC, they claimed it was necessary in order to get mentally ill
people off the streets. “Why have we convinced ourselves that it’s compassionate
to allow a person who’s obviously a schizophrenic, or suffering from some other
mental illness, why is it compassionate to let that person fester in the
streets?” Vance said—offering as evidence, CNN reported, an anecdote “about his
family being yelled at during a trip to DC.”
> Thousands of federal staffers working on mental health-related issues have
> been purged by Trump’s government.
This is what mental health and disability advocates people call “sanist”
language—words used to stigmatize mental health conditions in a derogatory way.
Trump routinely turns to it to degrade his enemies and justify his actions. A
review of his speeches and interviews includes more than 200 uses of the word
‘crazy’ thus far in his second term, and ‘lunatic’ and ‘insane’ more than 60
times each, according to a Roll Call database.
While these words can be part of casual vernacular, Trump’s constant use of
dismissive and stigmatizing rhetoric matches his actions. His officials have
dismantled key parts of the federal workforce dedicated to treatment and
prevention and cancelled millions of dollars in research grants focused on
mental health. In doing so, experts say, Trump and his cronies are not only
undermining support systems for people with mental illness but also worsening
some of the same issues they claim to prioritize, including minimizing crime and
reducing homelessness.
“When you cut those services, you have a lot of downstream impacts, and that’s
going to include upticks in emergency department visits, hospitalization needs,
incarceration and in homelessness,” said Hannah Wesolowski, the chief advocacy
officer of the National Alliance on Mental Illness.
One of Trump’s most sweeping attacks on people with mental illness came in late
July, when he signed an executive order pushing “long-term” involuntary
institutionalization for people with mental illnesses experiencing homelessness,
which the order argues the EO argues will “restore public order.” Trump was more
blunt about his hopes for what the EO would actually do a few weeks later, when
he announced the deployment of National Guard troops to DC: “Crime, Savagery,
Filth, and Scum will DISAPPEAR,” he posted on Truth Social. The White House did
not respond to a series of questions.
Advocacy groups quickly pointed to a plethora of issues in Trump’s order,
including that it criminalizes mental illness and tramples the civil rights of
unhoused people, particularly those with mental health disabilities. “This
executive order diverts resources away from the real solutions we know work and
instead embraces coercion over care,” National Disability Rights Network
executive director Marlene Sallo said in a press release. As the National
Alliance to End Homelessness pointed out, the order does not address who will
determine involuntary civil commitment, under what criteria, nor acknowledge the
shortage of mental health beds nationwide—an issue the American Psychiatric
Association asked Trump to tackle at the start of his second term.
Research indicates that involuntary commitment can be highly traumatic and lead
to people cycling in and out of institutions without getting the support they
need. More research is needed on how best to support unhoused people with mental
health disabilities and substance abuse issues, but Wesolowski, of the National
Alliance on Mental Illness, said that Trump’s order is not the way forward. “If
we want to both reduce the burden of chronic conditions in this country and
reduce homelessness,” she said, “the solution to that is to help people
sooner.”
Trump’s cabinet seems to share his disdain for people struggling with mental
health. Health and Human Services Secretary Robert F. Kennedy oversees the
National Institutes of Health, the CDC, and the FDA, among other agencies—and
since he was confirmed in February, has shuttered key offices and fired critical
staffers throughout the department.
As our colleague Kiera Butler previously reported, during his doomed
presidential campaign, Kennedy floated sending people on antidepressants to
“wellness farms…to get reparented, to reconnect with communities.” He also
baselessly implied, during a 2023 event with future DOGE head Elon Musk, that
antidepressants could be to blame for school shootings. Just last month, the FDA
held a misinformation-fest about antidepressants in pregnancy during which
panelists argued that perinatal depression does not actually exist and that
antidepressants are overprescribed to pregnant women, despite research
suggesting that only six to ten percent take them. A leaked strategy document,
that Kennedy’s so-called Make America Healthy Again Commission reportedly
submitted to the president, obtained by Politico, called for a working group on
antidepressant “overprescription trends” among kids.
HHS Secretary Robert F. Kennedy Jr. and Trump at a White House health technology
event, July 30, 2025.Jack Power/White House/Zuma
Federal staffers working on mental health-related issues, meanwhile, have been
purged by Trump’s government. NIH has lost 7,000 workers, roughly 16 percent of
its workforce, through firings and resignations, according to a ProPublica
analysis. The National Institute of Mental Health (NIMH) lost an even higher
proportion, at 22 percent.
HHS also plans to cut more than $1 billion from the Substance Abuse and Mental
Health Services Administration (SAMHSA), which will be collapsed into a proposed
“Administration for a Healthy America,” following cuts of $72 million from
March’s continuing appropriations bill; dwarfing an additional $19 million the
agency supposedly plans to earmark to support housing for people with severe
mental illness.
In a May letter to Kennedy, Sen. Bernie Sanders (I-Vt.) and three Democratic
senators said the plans to dissolve SAMHSA appear to violate the federal law
that created it. A slew of advocacy organizations also condemned the proposed
cuts, calling to preserve the agency and its funding.
NIMH will also be swallowed up into the newly proposed National Institute of
Behavioral Health, along with the National Institute on Alcohol Abuse and
Alcoholism and the National Institute on Drug Abuse.
An HHS spokesperson told Mother Jones that “Secretary Kennedy remains deeply
committed to the mental health of all Americans, including our nation’s
children” and that “under the Secretary’s leadership, SAMHSA is sustaining and
strengthening essential mental health and substance use programs so people can
access timely, high-quality care.”
Many NIMH research projects have also been decimated. In March, Michael
Bronstein, an assistant professor at the University of Minnesota (UMN), received
news that he was dreading: He and his colleagues were losing what was left of
their four-year, $187,000 research grant from the NIMH to study vaccine
hesitancy in people with severe mental illness. (Bronstein spoke to Mother Jones
in his personal capacity.)
The work was important. Research has shown that people with severe mental
illnesses, such as schizophrenia and bipolar disorder, are vaccinated at lower
rates. They are also more likely to die of illnesses for which we have vaccines.
But under the leadership of RFK Jr., a longtime anti-vaccine activist, the NIH
deprioritized research on vaccine hesitancy, according to the grant termination
notice Bronstein received—and a Washington Post report published the same day.
The news was particularly cruel for Bronstein, who with his colleagues had
already spent time recruiting about 60 participants who were prepared to open up
to researchers about their mental health conditions. “When things get cancelled
like this,” Bronstein said, “it’s a betrayal of those individuals’ trust”—and of
research that he believed was “going to have a real impact on public health.”
Past NIMH research has, indeed, had major implications for treating mental
illness. One 2008 study, for example, investigated treatments for psychosis in
young people experiencing an initial schizophrenic episode, and led to the
launch of hundreds of treatment programs for schizophrenia nationwide. The
research found that wraparound treatment of psychosis after an initial episode
led to less severe episodes later in life.
That study was “a great example of research being put into practice and making a
huge impact,” Wesolowski said. “But we need more of that.”
But mental health research has been a particular focus on the chopping block of
DOGE, which terminated hundreds of NIH grants—with NIMH grants accounting for
the largest subset, according to a paper published in JAMA in May. Since then,
dozens more NIMH grants have been cancelled, although some terminations have
been reversed or are likely to be reversed following a slate of legal
challenges, according to the database Grant Witness.
The majority of the cancelled NIMH grants featured in the JAMA study—nearly 75
percent, according to Mother Jones’ analysis—focused on research involving LGBTQ
people, who are more than twice as likely as straight, cisgender people to
report mental disorders. And with the Trump administration’s additional measures
seeking to erase LGBTQ people from public life—by banning trans troops from the
military, dismissing discrimination on the basis of gender identity, and purging
LGBTQ history from public spaces—these rates could climb even higher.
> “When things get cancelled like this, it’s a betrayal of those individuals’
> trust.”
Many of the NIMH-funded projects specifically aimed to better understand these
disparities. One cancelled grant, for example, was intended to study how stigma,
including state laws restricting trans health care, shapes the mental health of
trans people living in rural areas. The project, part of Kirsten F. Siebach’s
doctoral research at Johns Hopkins University’s Bloomberg School of Public
Health, will continue thanks to an alternative funding source. (Siebach also
spoke to Mother Jones in their personal capacity, not on behalf of the
university.)
But Siebach, who hopes to build their career as a public health researcher
focusing on how structural stigma affects LGBTQ people, worries that “there’s
just no funding to support such work” going forward.
There is already evidence that Trump’s return to the White House has made things
worse for LGBTQ kids’ mental health. The day after Trump’s re-election last
November, the Trevor Project, an organization focused on preventing suicide
among LGBTQ youth, reported a 700 percent increase in contacts to its crisis
lines. On Inauguration Day, when Trump signed an executive order that
essentially refused to acknowledge the existence of trans people—the
organization saw a more than 30 percent increase in contacts compared to weeks
prior. Casey Pick, the organization’s director of law and policy, said those
spikes reflect the fact that “LGBTQ youth are well aware that the access to
care, to support of adults, to welcoming and affirming schools and medical
environments is very much at risk.”
A protest in defense of LGBTQ suicide hotline services in New York City, July
12, 2025.Gina M Randazzo/Zuma
One of the highest-profile blows for LGBTQ young people came last month, when
SAMHSA officially shuttered the National Suicide Hotline’s specialized services
for LGBTQ youth. Those services, received more than one million contacts since
launching in 2022. In a statement, SAMHSA claimed that access to “culturally
competent crisis counselors” would continue, adding, “Anyone who calls the
Lifeline will continue to receive compassion and help.”
The administration has also undermined support for LGBTQ youth mental health in
less public ways: Seven of the cancelled NIMH grants in the JAMA study, Mother
Jones found, were explicitly focused on suicide prevention among LGBTQ youth.
(Two were since reinstated, but face cancellation again due to a recent Supreme
Court ruling.) Two explicitly focused on suicide prevention among Black LGBTQ
youth, who report disproportionate suicide risk; another aimed to implement and
measure a pilot program for LGBTQ youth at risk of suicide in the child welfare
and juvenile justice systems. Projects like these, Pick said, helped experts “to
see trends, patterns, disparities in the mental health outcomes for our LGBTQ+
young people and to begin to identify solutions.”
Explicit attacks on LGBTQ young people in particular are coupled with indirect
impacts on their mental health from other administration actions: Trump’s
involuntary commitment order, for example, is likely to have a disproportionate
impact on LGBTQ young people, given that they experience homelessness at higher
rates than their straight and cis peers. Trump’s executive order seeking to end
federal funding for K-12 schools that promote so-called “gender ideology or
discriminatory equity ideology” could penalize teachers and school counselors
who seek to support LGBTQ students, which would ultimately harm the students
themselves, given that research has shown accepting adults can reduce their risk
of suicide. And LGBTQ youth and their families who flee their home states, or
even the country, to escape threats to gender-affirming care or outright bans
may further struggle after being uprooted and losing support systems.
“What is so important now is that we make sure that young people know that they
are not alone, that they still have access to resources,” Pick said, “but the
reality is, this is a very challenging time.”
The suspect in the mass shooting responsible for killing two school-aged
children and wounding 17 others at a Catholic church in Minneapolis on Wednesday
has been identified as having changed her legal name in 2020 to reflect her
identity as female.
“Minor child identifies as a female and wants her name to reflect that
identification,” a judge wrote in court records reported by the New York Times.
Predictably, voices on the far right have immediately seized on that tidbit,
blaming the suspect’s gender identity for the shooting. “Today’s evil church
school shooter was a trans who was likely groomed and transitioned as a
teenager,” Rep. Marjorie Taylor Greene (R-Ga.) posted on X. “Congress MUST PASS
my bill Protecting Children’s Innocence Act to make it a FELONY to perform sex
change surgeries and all forms of medications on minors!!!”
“One thing is VERY clear: the trans movement is radicalizing the mentally ill
into becoming violent terrorists who target children for murder,” wrote
conservative YouTube host Benny Johnson. “The pattern is undeniable.”
Just one day after the horrific event, it isn’t yet possible to conclude why the
suspected killer choose to do what she did. But what we can say is that, despite
the probable identity of yesterday’s attacker, there is no evidence that
transgender people are any more likely to commit mass shootings.
Rather, multiple independent databases tracking mass shootings confirm the
opposite: The Gun Violence Archive, which tracks shootings in which four or more
people (not including the shooter) are shot or killed estimated last year that
fewer than 1 percent of the shootings it reviewed in the last decade were
carried out by trans individuals. Mother Jones has its own database tracking
shootings in which “three or more victims were killed in an indiscriminate
public rampage.” As I wrote in 2023, very, very few of those were carried out by
individuals who were not cisgender men.
> One hundred and thirty four of the 141 mass shootings tracked by Mother
> Jones since 1982 were carried out by men with no known history of identifying
> as trans or nonbinary. Two were carried out by women believed to be cisgender.
> Two more were carried out by a man and a woman, also believed to be cisgender,
> working together.
“From a statistical basis,” I wrote, “transgender individuals are much more
prone to being the victims of violence than they are likely to commit it.”
That doesn’t mean transgender people are never responsible for these acts. There
are, unfortunately, many preventable deaths caused by gun violence in the US;
trans people make up a very small proportion of the US population, and they make
up a similarly small proportion of gun-violence perpetrators.
But to blame the unnerving prevalence of mass shootings in America on the
existence of trans people here isn’t just a dangerously stigmatizing,
politically motivated take. It’s also bad math.
This article first appeared on The War Horse, an award-winning nonprofit news
organization educating the public on military service. Subscribe to its
newsletter.
The email came last fall while James Harter was on vacation with his husband in
Quebec City, Canada. He was checking his computer in their RV when he read the
no-nonsense subject line: Certificate of Pardon.
He had no idea just how uncommon that email was—but in the moment, none of that
mattered.
“The feelings were basically overjoyed relief,” he told The War Horse. “Just the
sense of, maybe I could put what happened to me in my past.”
Nearly 40 years ago, Harter was court-martialed for having consensual sex with
another man in his unit. He was convicted under the former Uniform Code of
Military Justice Article 125, which forbade sodomy, defined as “unnatural carnal
copulation,” and sentenced to a bad conduct discharge from the Army plus six
months in two military correctional facilities: one in Germany and one in
Kansas. He spent most of his time in isolation, on suicide watch.
“I just couldn’t understand how I’d gotten to this point,” he said, “where I was
in prison with murderers because I had sex with someone.”
Last year, however, he finally got a chance at redemption when then-President
Joe Biden issued a proclamation to grant a full and unconditional pardon to
veterans with court-martial convictions under former Article 125. Harter applied
right away.
Receiving the pardon on that early fall day, Harter said, “restored a lot of
pride.”
Only now does he understand just how unique he is to have received an Article
125 pardon.
More people have walked on the moon.
Documents obtained by The War Horse through Freedom of Information Act requests
show that of the tens of thousands of veterans who were separated from the
military due to their sexuality over decades, only 21 ended up applying for a
pardon—and only four, including Harter, have received one.
The numbers sharply contrast with the White House’s estimate that “thousands” of
veterans could be eligible when Biden announced a year ago that he was “righting
a historic wrong.” So much has changed since then.
Both Biden and President Donald Trump have faced intense criticism for handing
out controversial pardons.
Diversity, equity, and inclusion initiatives have been erased under the new
administration’s zeal to refocus the military on lethality. Thousands of
transgender service members are being discharged and banned from serving. And
the Pentagon is considering renaming ships, including the USNS Harvey Milk,
named for the slain gay rights activist and veteran who was discharged over his
sexuality, that don’t fit a “warrior” ethos.
While The War Horse had previously reported on the low number of pardon
applications for LGBTQ+ veterans, records disclosed last month by the Office of
the US Pardon Attorney are the first to reveal just how few have been granted:
two from the Navy, one from the Air Force, and one from the Army.
The records provided no other details and don’t explain why other applicants
were denied. Harter is the only one of the pardoned veterans who has come
forward to share his story.
“I never expected to be pardoned,” he said. “But I don’t think it [the
court-martial] should have ever happened to start with, so I felt like there was
some redemption there.”
Harter was an Army staff sergeant before he was court-martialed. Courtesy James
Harter
A PALTRY PROMISE?
After the initial excitement over Biden’s Article 125 pardon announcement, it
soon became clear to LGBTQ+ veteran advocates that many waiting for relief would
be left out.
The pardon’s wording meant that it applied only to veterans who were
court-martialed for violations of Article 125, or consensual sodomy, said Dana
Montalto, associate director of the Veterans Legal Clinic at the Legal Services
Center of Harvard Law School.
“But there were so many other ways that [lesbian, gay, and bisexual] service
members were separated or their behaviors criminalized when they were in
service, and the pardon didn’t reach those,” Montalto said.
“I think it is a step in the right direction for our federal government to be
making amends, but it certainly was not a solution to the problem,” she said.
LGBTQ+ veterans were often outed by fellow service members or caught up in
military witch hunts.
“Additional charges were often weaponized against service members, whether they
were true or not,” said Cathy Marcello, deputy director at the Modern Military
Association of America, an organization of LGBTQ+ service members.
“Circumstances might look very bad on paper, but might not reflect what actually
is historically accurate to this person’s conviction.”
LGBTQ+ veterans were also regularly charged with Article 134 (indecent conduct
or adultery), Article 92 (failure to obey a direct order), and other
transgressions. Any of these additional offenses would make a veteran ineligible
for Biden’s pardon.
Last year, The War Horse submitted a Freedom of Information Act request for
Defense Department memos or reports to understand why the White House suggested
thousands of veterans would benefit from Biden’s pardon. The agency denied the
request, however, saying the documents were part of the decision-making process
and therefore protected.
In May, The War Horse once again tried to contact the Office of the Pardon
Attorney and Department of Justice for comment on this issue and received no
response.
Advocates say there is another major reason for the low numbers: The burden is
entirely on the veteran to apply for clemency and prove that they qualify.
Unlike some mass pardons, Biden’s action requires that each veteran fill out a
form, which could be daunting or bring up painful emotions.
Peter Perkowski, legal director at Minority Veterans of America, said the
administration could have made the process easier.
“They could have put the onus on the Defense Department to review all the
[Article] 125 convictions and change them if it’s appropriate,” he said, “or
they could have sent letters out to people at their last known address.”
Ultimately, he said, “there were a lot of things they could have done. They did
none of it.”
The White House hosted a Pride event on June 26, 2024, hours after Biden’s
proclamation announcing pardons for many LGBTQ+ veterans.Abe McNatt
DIFFERENT TREATMENT FOR COVID VACCINE REFUSERS
Earlier this year, Trump issued an executive order granting reinstatement
eligibility, plus back pay, for more than 8,700 service members discharged
solely for refusing a Covid vaccine. In contrast with the LGBTQ+ veterans, the
Department of Defense stipulated that all eligible former service members
discharged over Covid vaccines should be contacted by mail, email (if possible),
and phone and invited to apply for reinstatement. And in May, the president
pardoned a former Army officer who was court-martialed for refusing to obey
Covid safety rules.
A White House spokesperson did not respond to a request for comment from The War
Horse.
Perkowski can’t help but feel there is some bigotry at play. “There has been
such a swift restorative justice action from the government to purportedly fix
the mistakes the Defense Department made with Covid-related discharges,” he
said. “Even though ‘don’t ask, don’t tell’ was repealed 15 years ago, that has
never happened for this community.”
And pardons don’t automatically change a veteran’s discharge status, said
Christie Bhageloe, director of the Statewide Veterans Project at Florida Legal
Services. Even if a veteran gets pardoned, they still have to apply for a
discharge upgrade to be eligible for VA and other benefits. The pardon—and a
recent class-action lawsuit win—may help, but it isn’t a guarantee. And unlike
with the Covid executive order, there are no retroactive benefits.
“Even if everything goes well and you get a pardon and a full discharge upgrade
to honorable, it doesn’t bring back your military career,” Bhageloe said. “It
doesn’t fix the fact that you were a volunteer for the military during an
all-volunteer force and we essentially discarded them.”
The United Kingdom and Canada faced similar reckonings with the treatment of
their gay and lesbian military members. But unlike the United States, both
countries have made formal, public apologies and started funds for monetary
reparations to pay LGBTQ+ service members who lost benefits after being kicked
out of the military.
More than three decades after being court-martialed, Harter said he feels
disconnected from other veterans because of his experience. Courtesy James
Harter
PARDONS AS A POLITICAL TOOL
Over the last year, both Biden and Trump were busy wielding their clemency
powers, from Biden granting his son Hunter a pardon to Trump clearing political
allies and contributors, including tax evaders and January 6 protesters.
“I think the difference is my pardon was done for a crime that no longer
exists,” Harter said. “For crimes that still exist, there should be some other
extenuating circumstance that justifies a pardon. Not just a political favor.”
Eligible veterans are still able to apply for the Article 125 pardon on the
Office of the Pardon Attorney’s website. A Department of Justice spokesperson
failed to provide The War Horse with an update on the pardon numbers since the
office responded May 1 to our original request. Advocates say Trump’s decision
to ban transgender troops from the military may make more LGBTQ+ veterans
hesitant to apply for a pardon.
“Over time, more people might apply,” Montalto said, “but I would imagine some
people who might have considered applying no longer wish to do so.”
For others, it doesn’t matter who the president is, said Perkowski—the loss of
trust is irreparable. “They do not trust the government, regardless of who is in
charge, to do the right thing for them,” he said.
Even after Harter left the military, his conviction followed him. He had to
explain it during every employment background check, and he believes the
experience escalated his downward spiral into drug and alcohol addiction. Plus,
he lost access to all VA health care benefits and education benefits that he was
getting through his service and had to finish working his way through college on
his own.
He feels disconnected from other veterans, despite having served for eight years
in the late 1980s—two as a tank crewman and six as a field artillery repair
specialist—and earning an Army Commendation Medal.
Although he’s now been sober for 35 years and recently retired from his job as a
travel nurse, “these charges have haunted me,” he said.
His journey to clear his name is still not complete.
Even though Harter now has his pardon, he still had to separately apply to get
his bad conduct discharge changed to an honorable discharge.
He was told the process could take up to 18 months. Five months after he sent
his application, he’s still waiting. The pardon may help his cause, advocates
said, but there is no guarantee that his discharge will be upgraded.
Nearly four decades later, it’s one last hurdle. Getting his discharge record
restored, he said, would “help me return to that sense of pride.”
This War Horse investigation was reported by Leah Rosenbaum, edited by Mike
Frankel, fact-checked by Jess Rohan, and copy-edited by Mitchell Hansen-Dewar.
Hrisanthi Pickett wrote the headlines.
--------------------------------------------------------------------------------
WHERE TO FIND HELP FILING FOR A PARDON OR DISCHARGE UPGRADE
Veterans who believe they might qualify to receive a pardon for Article 125
offenses can request a pardon on the Office of the Pardon Attorney’s website at
this link: justice.gov/pardon/apply-clemency.
If you’re not sure if you qualify, these legal clinics offer free help for
LGBTQ+ veterans seeking pardons, discharge upgrades, and other services:
* National Veterans Legal Services Program (National)
* The Veterans Consortium (National)
* Florida Veterans Justice Project (Florida only)
* Swords to Plowshares (Northern California only)
* Harvard Veterans Law Unit (Greater Boston area prioritized)
* Yale Veterans Legal Services Clinic (Connecticut only)
Or go to statesidelegal.org/stateside-map, enter your state, and click “Law
School Programs” under “Organization Type” to find a free program near you.
Even veterans with a bad conduct or dishonorable discharge rating may still be
eligible for VA benefits by filling out a Character of Discharge Determination
form. Learn more here.
In late March, the US Department of Education put state education officials on
notice: No longer would the federal government tolerate what the agency
described in a Dear Colleague Letter as the widespread infringement on parents’
rights to direct the schooling of their kids. “By natural right and moral
authority, parents are the primary protectors of their children,” Education
Secretary Linda McMahon declared in a cover letter attached to the guidance.
“Yet many states and school districts have enacted policies that presume
children need protection from their parents.”
Like many of the executive orders and other directives coming out of the Trump
administration since January, the guidance focused largely on trans and queer
students—in this case, their right to privacy (or lack thereof). But McMahon’s
sweeping rhetoric framed the issue as something much bigger. “Attempts by school
officials to separate children from their parents, convince children to feel
unsafe at home, or burden children with the weight of keeping secrets from their
loved ones is a direct affront to the family unit,” she wrote.
The US Supreme Court has long held that the parental right to direct the
upbringing of one’s children is fundamental. But McMahon’s letter highlights how
the Trump administration is weaponizing that idea to a degree that scholars and
advocates say is unprecedented at the national level. The ideology of parental
rights has emerged as a cornerstone of President Donald Trump’s authoritarian
agenda, repeatedly invoked by him and others to justify the rollback of a wide
range of policies—involving civil rights, education, public health, and
reproductive health—that conservatives have vociferously opposed.
Some of the biggest supporters of the Trump administration’s actions are
Christian nationalists intent on imposing a near-limitless idea of parental
rights on American society, legal scholars and children’s rights advocates say.
In the view of religious ultraconservatives, any government infringement on the
right of parents to control every aspect of their children’s upbringing violates
both the laws of the land and the laws of God.
> “Christian nationalists feel like, with Trump in control, they have the
> political and cultural momentum, and they’re pushing to make this happen right
> now.”
“Christian nationalists feel like, with Trump in control, they have the
political and cultural momentum behind them, and they’re pushing to make this
happen right now,” says Samuel Perry, a sociology professor at the University of
Oklahoma and a leading scholar of the religious right. “They feel like, OK, this
is our chance, and we are not going to apologize about pushing our agenda.”
The parental rights agenda has found eager supporters on Capitol Hill, in state
legislatures, and with state and federal courts. Here are some examples:
* In January, Republicans in both houses of Congress introduced the “Families’
Rights and Responsibilities Act,” which would empower parents to use parental
rights as a defense for any behavior that falls short of “serious physical
injury” to or death of their child.
* At least 22 states have enshrined “parental bills of rights” into their laws,
reports the ultra-conservative think tank the Heritage Foundation, which was
responsible for Project 2025, the policy blueprint for the Trump 2.0 era. One
of those states, Texas, just passed another bill that prohibits the
government from infringing on “the fundamental rights granted to parents by
their Creator.” Among other things, it bans DEI hiring programs in K-12
schools and school-authorized LGBTQ clubs.
* Lawmakers and courts have been using parental rights to roll back
reproductive protections for minors. In May, a Florida appeals court ruled
that the state’s “judicial bypass” law allowing teenagers to seek a judge’s
sign-off for an abortion violated the rights of parents. Last year, the
ultraconservative Fifth Circuit Court of Appeals partially sided with a Texas
father who sued to block Title X clinics in the state from offering birth
control to minors without parental consent.
* Even child labor protections have been getting the “parental rights”
treatment, with more than a dozen states weakening labor laws for children
since 2021.
An expansive idea of parental rights is also before the US Supreme Court this
term. The case of Mahmoud v. Taylor was brought by a group of religious parents
who opposed the required reading of LGBTQ-inclusive storybooks in public
schools. A decision is expected by the end of June.
Legal scholars note that increasingly, conservatives are deploying “parental
rights” as a way to advance regressive and unpopular social policies. Their
strategy has been successful because “almost everybody can agree on the
importance of parental rights,” says Naomi Cahn, a professor at the University
of Virginia School of Law. “It’s a good Trojan horse.”
But for Christian nationalists, “parental rights” is much more than a buzz
phrase—it is part of a deeply held belief system, rooted in religion and
patriarchy. They’re not egalitarians, Perry says. “They live in a world of
authorities and hierarchies. One of those includes parents [having authority]
over their children.” He points out that allowing “for the possibility that a
child could kick against that [authority] to carve out their own space…is out of
the question.”
> “They live in a world of authorities and hierarchies. One of those includes
> parents [having authority] over their children.”
Whatever adherents are motivated by—a sincerely held belief in the rights of
parents, or something more cynical—the expansion of parental rights comes at a
cost to the very children that conservatives vow to “protect,” child advocates
warn. “They may want to cloak this in the words ‘parents’ rights,’ but it’s
about authoritarianism,” says Rebecca Gudeman, who leads health policy
initiatives at the National Center for Youth Law. “It’s not about one parent’s
ability to create a safe space for their child, it’s about controlling society.”
Parental rights are far from being a new rallying cry. They have been invoked to
support or oppose a slew of policies for over a century—titans of industry in
the 1920s, for example, warned that restricting child labor would threaten the
“fundamental institution” of the family. Around the same time, the Supreme Court
issued two seminal opinions establishing parental rights in education: Meyer v.
Nebraska and Pierce v. Society of Sisters, which respectively struck down an
English-only instruction law and a compulsory public education law. But the
modern parental rights movement was born when the Supreme Court ordered public
schools to desegregate in Brown v. Board of Education in 1954.
Fearmongering by white parents about the federal government’s infringement on
their right to direct their children’s schooling led to the widespread
establishment of segregation academies: whites-only private schools, some
receiving government funding, many of them religiously based. “You had largely
evangelical Christian conservative populations in the American South say, ‘This
was about family values, this is about traditional families. It’s not about
racism. It’s just about us wanting to control our own families and their
education,’” Perry says. “But of course, it looks a lot like segregation, and it
looks a lot like just retreating from mainstream culture and values.”
Over the years, many of the hardest-fought parental-rights battles have been
waged over education and reproductive health. In the 1980s and ’90s, its
rhetoric was used to challenge sex education in public schools and school
curriculums more broadly and to push for the right of parents to withdraw their
children from school and teach them at home. Parental rights arguments also led
to the passage of dozens of state laws requiring parental consent or
notification for minors seeking abortion after Roe v. Wade in 1973.
> In the past, parental rights laws were aimed at “giving parents an individual
> decision about whether to opt in or opt out of something, or to make an
> individualized decision for their child.” Now, many of these laws “create
> mandates coming top down from the state.”
Importantly, most parental-rights laws of this era were aimed at “giving parents
an individual decision about whether to opt in or opt out of something or to
make an individualized decision for their child,” says abortion historian Mary
Ziegler, a law professor at the University of California, Davis. But since 2020,
that’s changed: Now many of these laws “create mandates coming top down from the
state, imposing [ideas or actions] on all parents in the name of parents’
rights.”
The pandemic was a turning point for the parental rights movement. With school
closures in early 2020, parents became much more involved in their children’s
education—and many were clamoring for school re-openings or appalled by what
they saw. Add to this, the “racial reckoning” that followed the murder of George
Floyd in May 2020, and conservatives became mobilized in opposing curriculum
changes around the teaching of American history. “Covid-19 opened parents’ eyes
to the pervasive indoctrination taking place in many classrooms,” McMahon wrote
in her March letter to educators. “Families across the country saw gender
ideology and critical race theory taught on-screen at their own kitchen
tables.”
Beginning in earnest in 2021, issues like vaccine requirements and mask mandates
were weaponized in the name of parental rights by fledgling rightwing groups
like Moms for Liberty as well as conservative behemoths such as the Alliance
Defending Freedom. But the parental rights movement’s biggest obsession was
diversity and school curricula focused on America’s racial, and racist, history.
The CRT Forward Tracking Project at the UCLA law school found that local, state,
and federal government bodies introduced nearly 900 policy proposals targeting
critical race theory and diversity initiatives from September 2020 through the
end of 2024. “Parents’ rights cannot help but be racialized,” UCLA law professor
LaToya Baldwin Clark wrote in the Yale Law Journal in 2023, calling the parental
rights movement and the anti-CRT movement “twins.” “The movements work in tandem
because they are born from the same parent: White supremacy.”
The next wave of bills focused on queer and trans kids. Queer
acceptance—particularly the notion that children can be trans—was a direct
threat not only to the order of men and women in society but to the authority of
parents over children, Perry says. Hundreds of anti-trans bills, pushed by
religious right groups, flooded state legislatures in the latter half of Joe
Biden’s presidency. When Florida passed its then-groundbreaking Parental Rights
in Education bill in 2022—banning, among other things, teaching about gender and
sexuality from kindergarten through third grade—then-Republican House Speaker
Chris Sprowls called the year “the session of Florida parents.”
Meanwhile, the overturning of Roe v. Wade has led to a new flurry of actions
targeting minors seeking abortion and other forms of reproductive care—notably,
“abortion trafficking bans” in Idaho and Tennessee that make it a crime to help
teenagers cross state lines to get an abortion. Cases like these prompted
Ziegler and her colleagues to take a broader look at how parental rights are
being used by conservatives: not to protect individual parents’ rights but to
bring about a sweeping policy realignment that rolls back progressive policies.
They call this strategy “retrenchment by diversion.”
“The idea is that you have to invoke some other goal—[in this case,] parental
rights—to advance your agenda when you know that voters would be much more
likely to reject it if you named what it was you were prioritizing,” Ziegler
says. “There are bona fide movements for parental rights, and then there are
movements with very different agendas that have hitched their star to parental
rights arguments when they think doing so will help.”
> “There are bona fide movements for parental rights, and then there are
> movements with very different agendas that have hitched their star to parental
> rights arguments when they think doing so will help.”
Conservatives stop short of promoting parental rights when to do so would
conflict with their other beliefs—like banning gender-affirming medical care for
trans youth, regardless of whether parents support such care for their own
children. Maxine Eichner, a family law scholar at the University of North
Carolina at Chapel Hill, sees this as evidence that the real goal of many
parental rights bills is to turn back the clock on broad policies that
conservatives abhor. “Recent uses of parental consent statutes seem like a
subtle, or not so subtle, attempt by legislatures just to force minors to forgo
some activity that the legislature simply doesn’t like,” Eichner says.
Perry has seen what he describes as “a form of local resistance among red states
to push parental rights” transformed, after Trump’s election, to become
“mainstreamed at the national level.” It doesn’t matter to the religious right
that Trump isn’t exactly a model Christian, Perry adds. The president is
“Christian enough” since he represents a political vision that Christian
nationalists want: A strong patriarch willing to break things in pursuit of what
they see as righteous goals. “Whether they think Donald Trump should teach their
Sunday school, I think they wouldn’t have that,” Perry says. But “he fights for
their team. He is powerful. He doesn’t apologize, he’s not democratic, he’s not
egalitarian. He’s an authority, and he issues executive orders, which they love.
… So they do see him as a Christian leader in as much as he is leading our
country back to ultimate authority: authority of the Bible, patriarchal
authority, authority of God.”
This aggressive push for a no-guardrails version of parental rights has made
children’s rights advocates deeply alarmed, because, put simply, parents don’t
always act in the best interest of their children. Certainly, many well-meaning
parents make decisions with good intentions that nonetheless end up having
long-term negative consequences for their children. But as it expands its power,
the parental rights movement is resisting efforts to impose minimal constraints
in order to protect children from harm.
For example, this year’s battle over homeschooling regulation in Illinois. The
state has among the loosest regulations on homeschooling in the United States,
with no record-keeping mandates or requirements that a parent or other teacher
has a high school diploma or a GED. When the legislature tried to pass a law
addressing the lack of regulations—prompted by an investigation by ProPublica
and Capitol News Illinois, which found that fatal child abuse went unaddressed
due to the state’s homeschooling laws—homeschool advocates, supported by the
Home School Legal Defense Association, launched a nationally-reaching opposition
campaign. The bill’s sponsor, Democrat Rep. Terra Costa Howard, told multiple
news outlets that she received a death threat in the mail. “God said ‘Do Not
Kill,’ but also said ‘Smite thine enemy.’ We’re watching,” the anonymous letter
read.
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The anti-regulation campaign was effective: Despite passing out of committee,
the bill never received a floor vote in the Democrat-controlled House and died
when the legislative session ended on May 31. That disappointed a homeschool
reform advocate I’ll call Elizabeth, who calls the legislation’s attempts at
oversight “bare minimum.” Elizabeth was homeschooled in Illinois from third
through eighth grade and says her later education and transition to the
workforce suffered from a lack of structure, oversight, and accountability. “The
sheer spectrum of what can go wrong is so wide,” she says, “from something this
simple like, I just was not educated, to situations of deep and horrific abuse
that can happen when there’s [no regulation] in place.”
The parental rights movement thinks about issues in terms of what parents want,
rather than what children need, says Anna, another woman whose childhood
experiences being homeschooled in Illinois have made her an advocate for more
regulation. “My parents are the consumers of homeschooling, they’re the
consumers of the curriculum,” Anna says. “But once I turn 18, they are done.”
And then it’s left to the now-adult homeschooled children to pick up the
pieces.
> “We have this legal historical construct, both in the world of policy and the
> world of litigation, we have been trying to shed, which is that children are
> chattel.”
Homeschooling is far from the only issue that worries children’s rights
advocates contemplating the Trump 2.0 era. In opposing the proposed “Families’
Rights and Responsibilities Act” introduced by Republicans in Congress, the
bipartisan advocacy organization First Focus Campaign for Children underscores
the threats to children’s well-being. Child abuse that falls short of “serious
injury or death” would be harder to prosecute, particularly with the built-in
parental rights defense afforded by the bill. State-level vaccine mandates for
education could be nullified (alongside Health Secretary Robert F. Kennedy Jr.’s
push for greater vaccine scrutiny at the federal level). Requirements that
parents “make and consent to” all healthcare for children would prevent
adolescents from accessing STI treatment, mental health care, and reproductive
health services, while likely denying them the right to refuse medical treatment
that has proven to be harmful, including anti-queer “conversion” therapy.
“Parents are the guardians and not the owners of children,” First Focus Campaign
for Children President Bruce Lesley wrote in a February letter to lawmakers.
“Policymakers should reject philosophies that treat children as the property of
parents or that assume children lack independent reason, agency, or
understanding of their own ‘best interests.’”
It’s a battle that’s as old as this country. For much of our history, white
women were considered the property of their husbands and children the property
of their fathers (marriages between enslaved people weren’t legally recognized,
and neither were their parental rights). The family patriarch could force his
children to work, enlist his sons in the military, marry off his daughters, and
otherwise harm his children under the guise of corrective punishment. “We have
this legal historical construct, both in the world of policy and the world of
litigation, we have been trying to shed, which is that children are chattel,”
says Kristen Weber, the National Center for Youth Law’s senior director of child
welfare. The rise of the parental rights movement makes one thing clear, she
adds: “We haven’t really fully gotten there.”
In early May, the small city of Banning, California, hosted the Palm Springs Hot
Rodeo. The competition, which has occurred most years for the past 50, salutes
the homoeroticism of rodeo culture. The four-day event—an official stop on the
International Gay Rodeo Association circuit—features traditional rodeo events
like steer wrestling and calf roping, along with more whimsical activities like
a wild drag race, in which a person in drag rides a steer while their teammates
guide it, and goat dressing, in which a pair attempts to put tighty-whities on a
goat as quickly as possible.
All events are open to any gender—men can barrel race and women can bull ride.
“A lot of gay people can’t be incorporated into the other rodeo world,”
contestant Savannah Smith told me. “You can do whatever you want here,” she
added, “and everyone here is supportive.”
This year, the festive event took place against increasing attacks on queer
rights. Two days after the rodeo ended, the Supreme Court allowed the Trump
administration’s ban on transgender soldiers in the US military. It is unclear
what will be targeted next; some fear the overturning of Obergefell v. Hodges,
the landmark 2015 decision legalizing gay marriage. Against this backdrop, the
Hot Rodeo serves as an important reminder of the resilience of queer culture in
America, with its inclusive celebration of LGBTQ athleticism and joy.
Curt Black and Bob Bayne set up contestant registration at the Tool Shed, a gay
bar in Palm Springs, 30 minutes away from Banning, where the Hot Rodeo takes
place. Alexander Saites partners with Matthew Garcia during the rodeo’s dance
contest. Curt Black shows off his Palm Springs Hot Rodeo Outstanding Volunteer
buckle. Zac Rogen, a Hot Rodeo participant, says gay rodeos help keep queer
representation in Western culture. Brian Helander warms up his horse before
competing in the Hot Rodeo. Bob Bayne and Daniel Guevara participate in the
rodeo’s “riderless horse” tradition. The riderless horse symbolizes those
involved with the International Gay Rodeo Association who have since died,
particularly those who died from complications with AIDS. Rodeo director Sylvia
Mower takes off her hat during the riderless horse procession. David Lawson and
Greg Begay compete in the steer decorating event. The goal is for a team of two
to tie a ribbon on a steer’s tail as quickly as possible. Begay, who has been
involved with gay rodeos for years, says, “It’s always been my goal in life to
rodeo, and it just so happens that I’m gay.” Brian Contratto and Gunner Sizemore
compete in the goat dressing event. The goal is to catch a goat and place a pair
of underwear on it as quickly as possible. Brian Contratto shows off a tooth
that broke in half during his steer riding event. Katie Shaw and Pepe Lozada
compete in the team roping event. Love Bailey, the rodeo’s community grand
marshal, performs during the grand entry. Chris Otten holds his cowbell, painted
with a pride flag, after competing in the bull riding event. Rodeo contestants
Steven Housley and Scott Reed pose for a portrait. The Palm Springs Hot Rodeo is
the first gay rodeo Reed has participated in. “It’s the most welcoming group
I’ve ever been around,” he says, adding, “Everyone here is equal.” Two men dance
together at the Dancing Under the Stars party hosted by the Palm Springs Hot
Rodeo at Oscar’s, a bar in downtown Palm Springs.