Today, in the first weeks of the new U.S. Supreme Court’s term, Lambda Legal released a comprehensive report detailing the far-reaching consequences of the Trump administration’s anti-LGBTQ+ judicial appointees on LGBTQ+ civil rights and civil rights more broadly. Between 2017 and 2020, 234 federal judges were appointed by former President Trump—including three U.S. Supreme Court justices. After careful review of their records, Lambda Legal formally opposed 34 judicial nominees, due to their explicit records of anti-LGBTQ+ bias, including the three U.S. Supreme Court Justices.
“Trump’s judicial picks have had a profoundly negative impact on civil rights, including for LGBTQ+ people and people living with HIV,” said Ethan Rice, senior attorney for the Fair Courts Project at Lambda Legal. “We warned the Senate about the extremist views of Trump’s judicial nominees and formally opposed confirming 34 nominees, due to their records of anti-LGBTQ+ bias. But many of these nominees were confirmed, and their decisions have since rolled back decades of progress.
“From refusing to acknowledge transgender litigants’ gender identities to allowing bans on gender-affirming medical care, the consequences of these judges’ rulings have been severe. These decisions shatter legal precedents and harm our community every day. We need judges who will interpret the law impartially, without bias or prejudice or an eye toward political results. It is time for a judiciary that reflects the diversity of our nation and the understanding of our laws.”
Key Findings from the Report:
- Hostility in the Courts: Nearly 40% of Trump’s confirmed appellate court judges had a demonstrable record of anti-LGBTQ+ bias by the end of his term, creating a nationwide judicial climate hostile to LGBTQ+ people and people living with HIV.
- U.S. Supreme Court Influence: Trump’s controversial nominees—Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—have played pivotal roles in rulings like the overturning of Roe v. Wade, eliminating the right to decide to end a pregnancy. The ruling in Dobbs v. Jackson Women’s Health set a precedent threatening other personal and familial rights, including LGBTQ+ protections.
- Erosion of LGBTQ+ Protections: Recent Supreme Court decisions, including Masterpiece Cakeshop v. Colorado Civil Rights Commission, 303 Creative LLC v. Elenis and Fulton v. City of Philadelphia, have created troubling exceptions to non-discrimination laws, allowing religious entities to bypass protections for LGBTQ+ individuals.
- Circuit Courts’ Harmful Rulings: Judges like Kyle Duncan, Andrew Brasher, and Lawrence VanDyke have issued decisions that directly harm transgender rights and undermine the right to access gender-affirming medical care, while others like Justin Walker and David Stras have expanded religious exemptions to discriminate against LGBTQ+ people.
- Civil Rights Movement Setbacks: Many of these judges have issued rulings that curtail not only LGBTQ+ rights but also critical protections for vulnerable communities, racial minorities, women, and immigrants. Examples include decisions upholding racial gerrymandered congressional maps, weakening gun regulations, and criminalizing homelessness.
The Fight for a Fair Judiciary:
Lambda Legal calls on the Senate and President Biden to take urgent action:
- Senate Action: Push the Senate to confirm the remaining pending judicial nominees, including 17 ready for a floor vote, before the end of the year.
- LGBTQ+ Representation on the Bench: Advocate for President Biden to nominate more diverse candidates, including the first openly bisexual, transgender, or non-binary federal judge, to current vacancies.
- Court reform: Add four Supreme Court seats, expand lower courts, and enforce a judicial ethics code.
As of October 1, there were 66 federal judicial vacancies, 37 of which remain without a nominee. Only 2.7% of federal judges identify as LGBTQ+ and the judiciary has never seen an openly transgender or non-binary judge.
Next Steps:
Lambda Legal is preparing for an LGBTQ+ rights landmark case, L.W. v. Skrmetti, which challenges Tennessee’s gender-affirming care ban. This case, which could shape the future of transgender youth’s access to healthcare, highlights the urgent need for fair-minded, impartial judges committed to justice for all.
To access the full report, visit https://lambdalegal.org/publication/us_20241022_report_alarming-impact-of-trumps-anti-lgbtq-federal-judges/.