Amidst growing uncertainty, Michigan’s transgender community and their advocates are grappling with the recent executive order issued by President Donald Trump that defines sex strictly as “male” and “female.” The potential impact on healthcare access within the state is yet to be fully understood.
Concern has been palpable within the community, as expressed by Roz Gould Keith, executive director of Stand with Trans. She noted on Tuesday, “One of the most jarring” concerns is the fear among parents that the order might lead their children to feel “hopeless.”
The executive order has sparked fears among community members about losing access to gender-affirming care. “They’re worried their rights are being taken away, that they can no longer access gender-affirming care,” Keith stated. This includes concerns about access to necessary medications for medical transitions and the invalidation of non-binary identities.
Michigan’s health department is currently evaluating if the state’s Medicaid coverage for gender-affirming care might conflict with the federal directive, which aims to restrict federal fund usage for promoting gender ideology. However, the Michigan Secretary of State’s office has assured that it will continue providing a nonbinary “X” option on state identification cards, maintaining its inclusive policies despite the executive order.
In response to the order, a spokesperson from the Michigan Secretary of State’s office expressed understanding of the anxiety and confusion it has caused, affirming that it does not alter state policy. “We will not stop providing an inclusive nonbinary option for Michiganders on state driver’s licenses and IDs,” they stated.
Uncertainty about Medicaid Coverage for Gender-Affirming Care
According to 2021 guidelines, Michigan’s Medicaid plan includes coverage for medically necessary gender-affirming treatments for those diagnosed with gender dysphoria. Jay Kaplan, staff attorney for the ACLU of Michigan’s LGBTQ+ Rights Project, highlighted the state’s strong Medicaid plan for providing access to such care.
Kaplan raised critical questions regarding federal funding. “Will the federal government try to take away federal dollars from our state Medicaid program if we continue to offer gender affirming care?” he asked. He also speculated on whether the state could independently fund these services if necessary.
The executive order mandates federal agencies to cease funding that supports gender ideology and requires the U.S. Department of Health and Human Services to clarify definitions relating to sex within 30 days. It also prevents federal funds from being used for procedures that align an inmate’s appearance with the opposite sex.
Michigan Civil Rights Protections for Gender Identity
While Trump’s order reverses previous protections under the Biden administration, such as discrimination protections in various sectors, Michigan state law offers some safeguards. The Elliott-Larsen Civil Rights Act was recently amended to protect gender identity and expression.
Kaplan emphasized the state’s commitment to these protections, warning against discriminatory actions. “We will use every tool in our arsenal,” he stated, to combat any potential discrimination stemming from the new federal stance.
Despite Michigan’s legal protections, Roz Gould Keith voiced concerns about the broader implications of the executive order and related campaign rhetoric. She expressed concerns about the detrimental impact of such policies on the transgender community, which constitutes a small percentage of the population. She called for attention to more pressing issues, stating, “There are so many big issues and big concerns that a lot of people have in our country. And that should be, in my opinion, the first [issues] that are discussed.”
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