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An anti-Donald Trump protester holds an American flag during a protest in Oakland last week.
 Brittany Hosea-Small/KQED
An anti-Donald Trump protester holds an American flag during a protest in Oakland last week.  (Brittany Hosea-Small/KQED)

First Day of Trump's Presidency Could Begin a Rollback of LGBTQ Rights

First Day of Trump's Presidency Could Begin a Rollback of LGBTQ Rights

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Three thousand miles away from her wife and kids, alone in a Miami hotel room, Kate Kendell is processing Donald Trump’s presidential win.

"I'm feeling a sense of foreboding, a feeling much bigger and large spread than anything I've ever seen in my 20 to 25-plus years of fighting for equality," says Kendell, executive director of the National Center for Lesbian Rights, headquartered in San Francisco.

The morning after the election, President Barack Obama said that the nature of democracy is not a straight path. He said that there are zigs and zags. On the heels of Donald Trump’s presidential win, some people will perceive the next steps America takes as steps backward.

Kendell worries it will be more than a step backward, and more like a continuing rollback on progress made by LGBTQ rights groups that could start on day one of Trump's presidency.

According to Trump's 100-day plan, released by his campaign in October, he will "FIRST, cancel every unconstitutional executive action, memorandum and order issued by President Obama."

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That means Trump could immediately repeal Executive Order 13672, which explicitly prohibits federal contractors and subcontractors from discriminatory hiring practices based on gender or sexual identity.

"A dangerous and enduring threat is what happens if he appoints one and perhaps even two justices to the Supreme Court," Kendell says. During his campaign, Trump vowed to nominate a ninth Supreme Court justice whose views aligned with deceased Justice Antonin Scalia, a staunch opponent of marriage equality.

"I mentioned them [LGBTQ folks] at the Republican National Convention, and everybody said that was so great. I've been a supporter," Trump said in a "60 Minutes" interview Sunday. When asked if he supports gay marriage, he responded, "These cases have gone to the Supreme Court. It's settled. I'm fine with that."

However, in an interview with Chris Wallace in January, Trump said: "[Same-sex marriage] has been ruled upon. It has been there. If I'm a, you know, if I'm elected, I would be very strong on putting certain judges on the bench that I think maybe could change things."

During the second debate, he reiterated his commitment to appoint a judge who is in line with deceased Justice Scalia.

Trump's administration could also rescind comprehensive guidance for public schools to treat transgender students in accordance with their gender identity under Title IX. That includes using whatever bathrooms they prefer.

The conservative anti-LGBTQ group National Organization for Marriage released an outline of its plan to help Trump overturn much of the progress LGBTQ rights groups have made in the past eight years.

“We are committed to taking full advantage of the opportunity we have,” NOM says in the outline.

Trans Lifeline, a nonprofit that runs a 24-hour hotline for trans people, tweeted that its call volume on the night of the election surpassed the volume for all of November 2015.

"This year has already been a year when we've seen so many trans women of color being murdered in this country," says Kris Hayashi, executive director of Oakland-based Transgender Law Center. "This vote ... is further emboldening the violence and harassment that our community has already been facing."

This year, 24 transgender people have been murdered in the United States, according to GLAAD, and almost all of the victims were people of color. Jasmine Sierra, 22, of Bakersfield, was one of those victims.

"We think the most important policies that we have achieved won't be affected [by Trump's presidency] because the legal basis for our work and other LGBT organizations are very strong," Hayashi says.

Hayashi says strength in the community comes from many years of surviving hatred and violence. He says the reality is that trans and gender-nonconforming people know how to take care of each other.

"We're not going anywhere. We're still here. We're going to stay here and do our best to work with our communities," Hayashi says.

Here is a list of resources for transgender folks put together by the SF LGBT Center.

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