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Fact check: Could trump make being gay illegal

Checked on August 25, 2025

1. Summary of the results

Based on the analyses provided, Trump cannot directly make being gay illegal, but his administration is pursuing systematic strategies to erode LGBTQ rights through administrative and policy channels [1]. The evidence shows that rather than outright criminalization, the Trump administration is employing what experts describe as a "divide and conquer" approach that creates a hostile environment for LGBTQ individuals [2].

The documented strategies include:

  • Removing anti-discrimination policies from federal programs [1]
  • Mandating discrimination in federal programs and services [1]
  • Weaponizing federal law to override state-level LGBTQ protections [1]
  • Limiting access to gender-affirming care for young people through executive actions [3]
  • Ending DEI programs and what the administration terms "gender ideology extremism" [3]

While marriage equality remains legally protected under the 2015 Obergefell v. Hodges ruling, legal experts acknowledge the possibility of Supreme Court challenges, though they consider overturning unlikely [4].

2. Missing context/alternative viewpoints

The original question lacks important constitutional and legal context. The analyses reveal that direct criminalization of sexual orientation would require constitutional amendments or Supreme Court reversals of established precedent, which represents a significantly higher legal bar than administrative policy changes [4].

The ACLU and GLAAD organizations benefit from highlighting threats to LGBTQ rights as this supports their fundraising and advocacy missions [1] [5]. Conversely, conservative religious organizations and traditional values groups benefit from supporting policies that they view as protecting religious freedom and traditional family structures.

The analyses show that the administration's approach specifically targets transgender individuals more aggressively than gay and lesbian Americans, suggesting a strategic focus on the most politically vulnerable segment of the LGBTQ community [1] [2]. This represents a tactical approach rather than broad criminalization.

State-level protections remain a crucial factor, as many states have enacted their own anti-discrimination laws that provide some buffer against federal policy changes [1].

3. Potential misinformation/bias in the original statement

The original question contains an implicit assumption that may spread unnecessary fear within the LGBTQ community. The framing suggests direct criminalization is possible, when the analyses clearly show that Trump's approach operates through administrative erosion of rights rather than criminal law [1].

The question also fails to distinguish between different segments of the LGBTQ community, when the evidence shows that transgender individuals face more immediate and severe policy targeting than gay and lesbian Americans [1] [2].

By asking about making "being gay illegal," the question may inadvertently amplify fears beyond what the actual documented threats represent, potentially serving the interests of both political opponents seeking to mobilize voters and advocacy organizations seeking to increase donations and engagement [5] [1].

Want to dive deeper?
Can the US President unilaterally overturn same-sex marriage laws?
What are the implications of the 14th Amendment on LGBTQ+ rights?
How have Trump's judicial appointments affected LGBTQ+ rights cases?
What role does the Supreme Court play in determining the constitutionality of LGBTQ+ laws?
Have there been any attempts by Trump or his administration to roll back LGBTQ+ protections?