LGBTQ+ Rights in California in Response to Federal Attacks

Last updated: February 19, 2025 09:15 am

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Authored by California LGBTQ+, Civil Rights, and Health Care Advocates

As is clear from his first few months in office, President Trump and his administration have an agenda of openly targeting transgender, gender expansive, and intersex people, and attempting to require recipients of federal funding to discriminate against transgender, gender expansive, and intersex people. Our organizations recognize how frightening these federal actions are for LGBTQ+ families and communities. We will do everything in our power to protect and support our families and community in California, and we are fortunate that our state elected officials have also pledged their support for our families and community.

For the time being, California’s laws and federal law broadly protect LGBTQ+ Californians from discrimination. And several of our organizations are suing the Trump administration to try to prevent its harmful policies from taking effect. As the federal landscape evolves, we will do our best to keep our families and community informed of their rights.

This document is meant for community members and advocates, to help you understand what rights you and your loved ones have in California. You can use this information to advocate for yourself and others.

Disclaimers: This document is not legal advice. If you have a potential legal problem, you should promptly consult with an attorney about what options you may have and what time limits may apply. The law may change rapidly, and this document cannot be updated frequently, so the information and links in this document may have changed since the date of publication. The information and resources here focus on transgender and gender expansive rights in California; this is not a comprehensive list of all LGBTQ+ resources or protections available in our state.

What laws protect me or my transgender, gender diverse, or intersex child in California?

California has a number of laws that protect transgender, gender diverse, and intersex individuals in various settings, including at school, in employment, and in access to health care. Some of these laws are listed below.

General non-discrimination protections:

  • California prohibits business establishments (including nonprofits serving the public and health care providers) and government entities from discriminating against individuals on the basis of sex, gender identity, gender expression, sexual orientation, and transgender status. These laws also bar discrimination based on perceived sexual orientation or gender identity, and based on relationship to someone who is LGBTQ. Cal. Civil Code § 51; Cal. Gov. Code §§ 11135, 12926; 2 Cal. Code Reg. §§ 14000 et seq.

Schools:

  • California prohibits public schools and non-religious private schools from discriminating on the basis of sex, gender, gender identity, gender expression, sexual orientation, and transgender status. Students have the right to go by their chosen name and pronouns, to express their gender, to participate in sports and other activities based on their gender, to use restrooms based on their gender, and to update the name and gender on their records during or after schooling. Cal. Education Code §§ 220, 221.5(f), 49062.5, 49070. See here for more information .
  • California prohibits schools from requiring teachers and other school staff to disclose any information related to a student’s sexual orientation, gender identity, or gender expression to any other person without the student’s consent unless otherwise required by state or federal law. Cal. Ed. Code § 220.3.
  • California requires public schools to take affirmative steps to prevent bullying based on sexual orientation or gender identity, and school staff must intervene if they witness bullying. Cal. Ed. Code § 234 et seq; see here for more information.
  • California also prohibits banning books, instructional materials, or curricula that include the lived reality of diverse and inclusive perspectives, including books and material by and about LGBTQ+ individuals. Cal. Ed. Code § 243.

Health care:

California defines gender-affirming care as “medically necessary health care that respects the gender identity of the patient, as experienced and defined by the patient.” Cal. Welf. and Inst. Code § 16010.2(3); Cal. Civ. Code § 1798.300*

Employment:

  • California prohibits discrimination and harassment in the workplace based on actual or perceived sex, gender identity, gender expression, transgender or transitioning status, or sexual orientation. Employers must honor transgender workers’ lived names and pronouns and allow them to use gender-appropriate restrooms. Cal. Gov’t Code § 12940(a); 2 Cal. Code Reg. § 11034(e)(2), (h), (i)(4).

Housing:

  • California prohibits discrimination in housing based on actual or perceived sex, gender identity, gender expression, or sexual orientation. This includes emergency shelter settings. Cal. Gov’t Code § 12955.

​Child custody:

  • California prohibits discriminating against LGBTQIA+ parents when determining custody of children. Cal. Family Code § 3011.

Name changes:

  • California allows individuals to legally change their names to conform to their gender identity, by filing a petition in state court and obtaining a name change court order. Cal. Code Civ. Proc. § 1279.5.

A federal judge recently granted a preliminary injunction requiring the State Department to issue passports to transgender, nonbinary, and gender expansive individuals with a sex designation that is consistent with their gender identity or with an “X” designation. This means that individuals applying for new, replacement, or renewed passports, as well as those applying to change their sex designation, are legally allowed to have their sex listed as that which best matches their gender identity. Memorandum and Order for Class Certification and Motion to Apply the Preliminary Injunction to the Classes, Orr v. Trump.

Identification and birth certificates:

  • Identification and birth certificates: California allows individuals to self-attest to their gender marker when applying for a driver’s license or state identification card, updating a California birth certificate, or petitioning a court for a gender marker change order. Cal. Health & Safety Code §§ 103426, 103430; Cal. Vehicle Code § 12800.

Prison:

  • California requires state prison officials to house and search transgender, gender-diverse, and intersex individuals based on their gender if they so request, with limited security exceptions. Cal. Penal Code § 2605 et seq.

How will recent federal attacks impact me and my family?

There have been a range of recent federal actions targeting LGBTQ+ people. These include:

  1. Executive Orders. President Trump has issued several Executive Orders targeting LGBTQ+ people. An Executive Order alone does not take away any of your rights, and these Executive Orders by themselves do not change California or federal law.
     
  2. Federal Agency Actions. Federal agencies have begun implementing President Trump’s antiLGBTQ+ Executive Orders, as well as taking independent actions aligned with the goals of the anti-LGBTQ+ Executive Orders. We will try to provide updates about these and other federal developments that impact LGBTQ+ rights in California.

    In July 2025, the U.S. Department of Justice filed a lawsuit alleging that California’s laws and policies allowing transgender student-athletes to compete on gender-appropriate teams violate federal anti-discrimination law. The U.S. Supreme Court has also agreed to hear appeals of lower courts’ determinations that West Virginia and Idaho laws banning trans student-athletes from competing on gender-appropriate teams violate federal anti-discrimination law and the U.S. Constitution. However, California’s protections of all students’ right to participate in sports based on their gender identity remain in effect. The State of California has also filed its own lawsuit against the federal government, seeking to protect the rights of transgender studentathletes and California’s education funding.
     

  3. Supreme Court Decisions. In June 2025, the Supreme Court upheld as constitutionally valid Tennessee’s law banning gender-affirming hormones and puberty blockers for transgender minors in U.S. v. Skrmetti. While this decision was devastating for trans people across the country, California law still protects the rights of trans youth in California to access the care they need. ACLU SoCal Statement on Skrmetti Ruling.

    Also in June 2025, the Supreme Court, in Mahmoud v. Taylor (a case about LGBTQ-inclusive storybooks taught in a Maryland school district), held that parents have the right to opt their children out of public school lessons based on religious objections. This decision was disrespectful to LGBTQ+ families and harmful to public schools’ efforts to provide all students with instruction that reflects community diversity. However, California law still requires all public school districts to teach LGBTQ-inclusive curriculum and maintain a learning environment free of discrimination and harassment. ACLU Summary on Mahmoud Ruling.

What steps can I take if I am discriminated against?

Document what happened. Take notes on what happened, whom you communicated with, and who might have been a witness. Save copies of all emails, texts, complaints, photos, and documents. Try to identify who may have made the decision to discriminate against you. If you cannot identify one person, identify a facility, office, or group of people. It is important to document so you can provide evidence about your experience.

File a complaint with a relevant state agency, such as:

If you experience discrimination, it is important to notify the state. Without your report, there is no official record of the incident, which means no action can be taken to address the issue. Reporting ensures accountability, helps prevent future discrimination, and supports efforts to enforce anti-discrimination laws. Your voice matters—make sure it is heard.

Filing a civil rights complaint is an important step toward justice, but it is important to understand that state agencies receive a huge volume of complaints. Investigations, legal reviews, and enforcement actions take time, so you should not expect a quick resolution.

Contact an LGBTQ+ advocacy group or a legal services provider. Many organizations are working to assist individuals who are facing discrimination and/or loss of health care (see list below).

What organizations can I contact for more information and/or help?

Lambda Legal:

National Center for LGBTQ Rights:           

Transgender Law Center:

California Rural Legal Assistance, Inc.:

Unique Women’s Coalition (assists trans community with securing legal documentation):

Modern Military Association of America (serves current LGBTQ+ service members, veterans, and their families):

Contact your local LGBTQ+ Community Center for legal resources specific to your county: For example, the Los Angeles LGBT Center has legal resource information here: https://lalgbtcenter.org/services/legal-services/.

Where can I find additional resources about my rights?

  1. California Department of Justice: LGBTQ+ Discrimination Rights webpage
  2. California Civil Rights Department: Civil Rights in California Businesses
  3. CA vs. Hate hotline for reporting hate crimes and hate incidents, operated by the California Civil Rights Department
  4. ACLU SoCal: California LGBTQ Employment Rights resource
  5. California Civil Rights Department: The Rights of Employees Who Are Transgender or Gender Nonconforming fact sheet
  6. California Department of Insurance: Equal Access to Health Insurance: Coverage for Transgender Californians webpage
  7. California Department of Health Care Services: DHCS Gender-Affirming Care Guidance
  8. California Department of Managed Health Care: TGI Care webpage
  9. ACLU: Q&A, Orr v. Trump [Class action lawsuit re passport gender markers for transgender, nonbinary, and intersex folks]
  10. Alyssa Rodriguez Center for Gender Justice: What the F*** Is Going On: Staying Safer and Showing Up
  11. Advocates for Trans Equality and partners’ explanation of President Trump’s Day 1 Anti-Transgender Executive Order: What You Need To Know
  12. California Attorney General’s Executive Order responses: Statement on President Trump’s Executive Order Targeting the LGBTQ+ Community | State of California - Department of Justice and Attorney General Bonta: California Schools Will Remain a Welcoming, Inclusive, Safe Place for All
  13. California Department of Education’s Executive Order response: Affirmation of Continued Protections on the Basis of Gender, Gender Expression, Gender Identity, and Sexual Orientation

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