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Transgender Rights Face Legal Battles In Alberta And New York

Lawsuits, political clashes, and community resilience define a turbulent year for transgender rights across North America as advocates fight back against new restrictions and celebrate key victories.

6 min read

Across North America, the debate over transgender rights has reached a fever pitch as 2025 draws to a close. From the courtrooms of Alberta to the school board meetings of New York, legal battles and policy clashes are shaping the lives of transgender individuals, their families, and the broader communities in which they live. The stories unfolding are not just about laws and lawsuits—they are about identity, dignity, and the ongoing struggle for civil rights in a polarized era.

In Alberta, Canada, the provincial government led by Premier Danielle Smith has taken a bold—and controversial—step by invoking the notwithstanding clause to shield three new transgender-related laws from constitutional challenges. According to The Canadian Press, these laws prohibit doctors from prescribing puberty blockers and hormone therapy to those under 16, and from performing gender-affirming top surgeries on those under 18. The government’s move marks the fourth time in just two months that Alberta has used the clause, which allows provincial governments to override certain Charter rights for up to five years.

The response from advocacy groups has been swift and determined. Egale and Skipping Stone, two organizations fighting for LGBTQ+ rights, have amended their legal challenge to argue that Alberta’s laws unlawfully intrude on federal criminal law powers. Their claim, filed in Calgary court, contends that by threatening doctors with fines or imprisonment for providing gender-affirming care, the province has overstepped its constitutional authority. "We are seeking to amend our legal challenge so the courts can assess the full scope of this government’s overreach, including whether Alberta has unlawfully stepped into federal criminal law powers," said Bennett Jensen, Egale’s legal director, in a statement reported by The Canadian Press. "We will argue that it has, by seeking to impermissibly force its moral agenda onto doctors and families, and we will continue to fight these laws with every legal avenue available to us."

Earlier this year, a judge granted a temporary injunction against Alberta’s prohibition on gender-affirming care for minors, citing serious Charter issues and the likelihood of irreparable harm to gender-diverse youth. That injunction remains in effect, though the government has appealed. Egale and Skipping Stone are also challenging Alberta’s new school pronoun law, which requires parental consent for children under 16 to change names or pronouns at school, and mandates parental opt-in for lessons on sexuality, sexual orientation, and gender identity. Furthermore, the groups are contesting a law banning transgender girls and women from participating in amateur female sports. A hearing for the case is scheduled for April 2026.

The Alberta government, for its part, insists that its approach is about protecting children and respecting parental rights. Justice Minister Mickey Amery’s office acknowledged the impact on families but emphasized that "these conversations deserve respect, patience and compassion—never anger or judgment." Premier Smith, defending the legislation and use of the notwithstanding clause, stated, "We know that the pathway for children to be medicalized early does not stand up to scrutiny. It has not been tested, and we’re not going to do medical experiments on children."

Meanwhile, in the United States, the legal and political landscape is equally charged. In New York, a policy instituted by Attorney General Letitia James and Education Commissioner Betty Rosa has come under fire from parents and school board members. The policy, outlined in a May 2025 letter, warns that local officials could be removed from office for misgendering students or allowing public comments that challenge the legitimacy of transgender students’ identities or their participation in school activities.

This directive sparked a lawsuit filed on December 10, 2025, by the Southeastern Legal Foundation on behalf of four Long Islanders—two school board officials and two parents. As reported by The Center Square, the plaintiffs argue that the policy forces school boards to "self-censor and shut down parent speech that advocates for their core values and for children’s privacy, safety, and opportunity." The lawsuit claims that the policy violates First Amendment rights by suppressing dissent and public debate at school board meetings. Kim Hermann, president of the Southeastern Legal Foundation, stated, "Letitia James’ policies that say school board members in New York can be removed from office just for using the biologically correct pronoun for a trans student are not only repressive but blatantly disregard the value of free speech for the citizens she represents."

The Massapequa school district, one of the plaintiffs, had previously approved a policy requiring students to use restrooms and locker rooms corresponding to their biological sex—a move that led to its own legal challenge from the New York Civil Liberties Union. The broader debate, as articulated in an editorial from the New York Post, centers on the tension between protecting transgender students from harassment and safeguarding free speech rights in public forums. Critics argue that the state’s policy amounts to censorship and an "obvious violation of basic American rights," while supporters maintain that it is necessary to ensure a safe and inclusive environment for LGBTQ+ students.

Against this backdrop of legal conflict and cultural tension, many in the transgender and gender-diverse community are finding hope and resilience. Ethan Rice, a senior attorney at Lambda Legal, reflected on the challenges of 2025, describing it as "a relentless attack on our very existence." According to Rice, the Trump administration has joined state legislatures in targeting transgender rights, from restricting access to health care to denying accurate passports. Yet, Rice also highlighted reasons for optimism: "Anti-trans narratives are not winning elections." In 2025, Zohran Mamdani was elected Mayor of New York City on a pro-trans platform; Erica Deuso became Pennsylvania’s first openly transgender mayor in Downingtown; and Abigail Spanberger was elected Governor of Virginia despite facing anti-trans rhetoric from her opponent.

Lambda Legal has been active in the courts, filing six cases in 2025 alone to challenge executive orders targeting transgender people and diversity, equity, and inclusion initiatives. The organization secured a preliminary injunction halting enforcement of an executive order that would have ended federal funding for entities providing gender-affirming health care to youth. "We won’t stop fighting for trans rights," Rice affirmed.

Cultural achievements have provided further inspiration. Tourmaline’s book, Marsha: The Joy and Defiance of Marsha P. Johnson, was published this year, as was Dylan Mulvaney’s memoir, Paper Doll: Notes from a Late Bloomer. Mulvaney also starred in an off-Broadway play. Jinx Monsoon appeared in multiple Broadway shows, and Justin Vivian Bond’s performances continue to sell out, demonstrating the vibrancy and resilience of the community in the face of adversity.

As 2025 ends, the battle for transgender rights remains deeply contentious, with legal fights unfolding on both sides of the border. Yet, amid political setbacks and courtroom drama, advocates and allies are determined to keep pushing forward, drawing strength from community, culture, and the victories—large and small—achieved along the way.

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