California Announces Special Session To Protect Trans People: Here's How They Could Do It

Gavin Newsom has called a special section to protect LGBTQ+ people, abortion rights, and immigrants from Donald Trump. There are many ways the legislature can step up for transgender citizens.

Gavin Newsom // Gage Skidmore - CC BY-SA 2.0

Donald Trump and the Republican Party promised unprecedented crackdowns on transgender rights, immigration, and reproductive healthcare leading up to their 2024 victory. Now, California Governor Gavin Newsom is the first Democratic leader to push back, calling a special session of the state legislature to protect these rights and defend against an emboldened, incoming Trump administration. Newsom’s directive is clear: safeguard reproductive healthcare, support immigrants, and shield LGBTQ+ people from what is viewed as existential threats to civil rights and democratic norms. As a journalist who has covered legislative attacks on the transgender community for years, I see this as a pivotal moment that will demand creative solutions, political will, and a clear message that Democrats are committed to protecting marginalized communities in their darkest hour. Here is what he can do.

The Republican Party has signaled that one of its likely first moves will be to cut federal funding for gender-affirming care through a process modeled after the Hyde Amendment, which blocks federal dollars from being used for abortion services. This framework could be repurposed to ban all federal funding for anything related to trans or queer people. Such an amendment would be particularly disruptive for transgender individuals, who often need frequent access to the healthcare system for transition-related medical care. Without federal support, the costs of essential treatments, such as puberty blockers for youth and gender-affirming surgeries for adults, would become prohibitive for many. This approach could even fully defund hospitals that provide this care—a similar Republican-backed amendment only narrowly failed in the past due to a Democratic-controlled Senate.

To counter this threat, California could enact legislation to fill the funding gaps where federal dollars fall short. In a minimally restrictive scenario, the state would need only to subsidize transgender healthcare coverage for essential medications and surgeries, which would represent a minuscule fraction of California’s healthcare spending. In a more restrictive assault from the federal government, California might need to cover hospital funding itself if Trump’s administration withdraws federal support for facilities that provide gender-affirming care. Alternatively, the state could set up state-funded, smaller clinics that directly provide gender affirming care in order to remove the target from hospitals receiving federal funding.

Another looming threat is the Trump administration’s anticipated move to outlaw gender-affirming care for transgender youth through federal legislation, potentially criminalizing the use of medications sourced from out of state—a restriction similar to JD Vance’s gender-affirming care ban bill from his time in the Senate. To counter this, California could adopt strategies it and other states are already using to protect access to abortion medication, such as Mifepristone. In preparation for federal restrictions on Mifepristone, California has already stockpiled 250,000 doses of the drug. A similar approach could be applied here: by stockpiling puberty blockers and hormone therapies like estrogen, testosterone, and progesterone, California could protect its doctors and patients from restrictive federal legislation.

Schools could also face defunding through federal legislation if they support transgender youth, allow them to use bathrooms aligned with their gender identity, or permit participation in sports. California may need to step in to protect these schools, providing funding to replace any federal dollars withdrawn and resisting attempts to enforce discriminatory mandates from the president. The state could also promote high-capacity, all-gender restrooms with fully enclosed stalls to circumvent potential federal bathroom regulations.

One potential tactic the Trump administration could employ against transgender people is using Real ID requirements to mandate that states enforce gender markers matching individuals' sex assigned at birth, effectively forcing every transgender person to carry an incorrect gender marker that outs them with each use. California could counter this by extending the expiration period for driver’s licenses, giving transgender individuals a longer time before needing to update their licenses.

California should also be mindful of a new tactic targeting transgender individuals. Anti-trans organizations like Genspect are advocating for the use of the Prescription Drug Monitoring Program (PDMP)—typically used to track opioids and other controlled substances—to identify transgender patients, with information then shared across state lines. Currently, Louisiana is using PDMP data to track mifepristone prescriptions, and there is evidence that officials, such as Attorney General Ken Paxton of Texas, are employing it to target transgender individuals. California should act swiftly to protect access to abortion medications, hormone therapy, and puberty blockers by restricting out-of-state access to its PDMP data for these medications.

Lastly, regardless of California’s protections for transgender individuals, these measures can only be fully realized if the state actively supports those fleeing unsafe states. To truly be a safe haven, California should establish programs for affordable housing, relocation assistance, and employment opportunities for transgender residents and their families seeking refuge under the state’s protective laws amidst federal threats.

California has a unique opportunity to set the blueprint for other states in resisting a Trump administration determined to erase those who don’t fit into Project 2025’s narrow vision of America. These threats are immediate; anti-LGBTQ+ policies could emerge even before Trump takes office, with December’s budget process poised to push such measures under the threat of a government shutdown. To truly protect transgender residents—and all marginalized communities—California and like-minded states must act quickly, crafting bold, creative legislation and policies to counter federal crackdowns and defend the values of inclusion and safety for everyone.