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Transgender Rights Face Legal Battles In US And UK

From proposed firearm bans to new guidance on public spaces and sports, governments and advocacy groups clash over the future of transgender rights on both sides of the Atlantic.

7 min read

On September 5, 2025, the landscape for transgender rights in the United States and the United Kingdom reached a new inflection point, as government proposals, legal rulings, and public debate converged on issues ranging from gun ownership to sports participation and access to public spaces. The week’s developments have left advocates, opponents, and those caught in the middle grappling with what comes next—and what it all means for the future of civil rights.

In the United States, the Trump administration’s Department of Justice (DOJ) has begun early discussions on a controversial proposal: barring transgender Americans from owning firearms. According to CNN and The Independent, this move comes on the heels of a mass shooting at a Minneapolis Catholic church, allegedly committed by a 23-year-old trans woman—a tragedy that has fueled a wave of conspiracy theories and right-wing outrage. The DOJ’s rationale, as a spokesperson explained, is to “ensure that mentally ill individuals suffering from gender dysphoria are unable to obtain firearms while they are unstable and unwell.” The spokesperson added, “The DOJ is actively evaluating options to prevent the pattern of violence we have seen from individuals with specific mental health challenges and substance abuse disorders. No specific criminal justice proposals have been advanced at this time.”

Despite the administration’s stated intentions, the backlash from gun rights organizations has been swift and unequivocal. The National Rifle Association (NRA), historically aligned with Republican administrations, issued a statement Friday declaring, “The NRA supports the Second Amendment rights of all law-abiding Americans to purchase, possess and use firearms. NRA does not, and will not, support any policy proposals that implement sweeping gun bans that arbitrarily strip law-abiding citizens of their Second Amendment rights without due process.” Gun Owners of America echoed this sentiment, stating it “opposes any and all gun bans. Full stop.”

The legal mechanics of such a ban are far from straightforward. Federal law currently requires a judge to determine that a person is mentally “defective” or has been “committed to a mental institution” before their right to own firearms can be revoked. The DOJ is reportedly considering whether to classify being transgender as a mental illness—a move that legal experts and advocacy groups warn could have sweeping implications for civil liberties and set a dangerous precedent.

Critics of the proposal point out that, contrary to the narrative pushed by some, transgender people are not statistically more likely to commit acts of violence. In fact, as the Williams Institute at UCLA School of Law has documented, trans individuals are more than four times as likely to be victims of violent crimes, including rape and sexual assault, than their cisgender counterparts. “Trans people are not linked to higher rates of violence, and the overwhelming majority of mass attacks are committed by cisgender men,” the institute notes.

This isn’t the first time the administration has targeted transgender Americans. Since taking office, President Trump has issued directives erasing federal recognition of trans people, restricting access to gender-affirming healthcare, banning trans athletes from competing in women’s sports, and forcing thousands of trans service members out of the military. Yet, Attorney General Pam Bondi reaffirmed the DOJ’s commitment to the Second Amendment earlier this year, writing in a memo, “The Second Amendment, which establishes the fundamental individual right of Americans to keep and bear arms, has been treated as a second-class right. No more. It is the policy of this Department of Justice to use its full might to protect the Second Amendment rights of law-abiding citizens.”

Gun rights organizations have united in opposition to the trans gun ban. Dudley Brown, president of the National Association for Gun Rights, urged federal agencies to “stop chasing headlines on the back of the Second Amendment and focus on preserving and protecting gun rights so that law-abiding Americans can defend their loved ones from violent nutcases, criminals, and gang members.” Kostas Moros, director of legal research and education at the Second Amendment Foundation, remarked, “I think every major gun rights org has now spoken against this trans gun ban idea. To the extent it was a trial balloon, we all hit it like a clay pigeon. Hope that’s enough to get the [administration] to drop this bad idea, and get back to their work defending the Second Amendment, on which they have thus far done an excellent job.”

Across the Atlantic, the United Kingdom is wrestling with its own set of challenges following an April 2025 Supreme Court ruling that defined the terms “woman” and “sex” in the Equality Act 2010 as referring to biological women and biological sex. On September 5, the Equality and Human Rights Commission (EHRC) submitted updated guidance to Women and Equalities Minister Bridget Phillipson, outlining how institutions should interpret and implement the court’s decision.

Baroness Kishwer Falkner, chairwoman of the EHRC, acknowledged the practical difficulties in translating a “black and white” legal ruling into workable policies for everyday institutions. Speaking to BBC Radio 4, she said, “I think it’s going to be difficult for duty bearers, service providers, to adapt a ruling which is quite black and white into practical steps according to their own circumstances and their own organisation, which is why we’ve always emphasised they should take their own advice as well as adhering to our code.” She added, “Everybody I speak to, every institution I speak to, says: ‘Can you tell us what we’re supposed to do?’ That’s wrong… they should have been doing it anyway.”

The EHRC’s draft code, which garnered over 50,000 responses during a six-week consultation, allows sports clubs or hospitals to request a birth certificate if there is “genuine concern” about a person’s biological sex. It also states that trans people can be excluded from competitive sport “when necessary for reasons of safety or fair competition” and suggests some services might adapt by offering toilets in individual lockable rooms for use by both sexes. The guidance has sparked alarm among transgender advocacy groups, who fear it could effectively exclude trans people from much of public life. Jude Guaitamacchi, founder of the Trans+ Solidarity Alliance, described the process as “rushed” and warned, “It’s up to the government what happens next. Bridget Phillipson could fix this mess tomorrow. Waving this through would be Labour’s Section 28 moment and define their legacy on LGBT+ rights.”

Labour leader Keir Starmer praised the Supreme Court ruling for providing “real clarity” on a vexed issue, saying institutions could now develop practical guidelines. However, some Labour MPs and campaign groups have expressed concern that a rapid or overly literal implementation could have far-reaching consequences for transgender people’s daily lives.

Meanwhile, in California, the debate over trans rights in sports has moved from the legislative chamber to the volleyball court. On September 3, three volleyball players at Santa Rosa Junior College filed a Title IX complaint with the U.S. Department of Education, alleging that allowing a transgender teammate to play on their team amounted to physical endangerment and deprivation of women’s rights. The complaint, filed against the college and the California Community College Athletic Association (3C2A), also accused their coach of benching them in retaliation for speaking out.

Santa Rosa Junior College responded with a statement emphasizing its commitment to inclusivity and compliance with 3C2A regulations, which protect transgender athletes’ rights to participate in sports. The school added, “We respect the legal privacy rights of all students and cannot discuss individual circumstances. What we can affirm is that SRJC takes all reports seriously and responds through established procedures.”

Title IX, passed in 1972, prohibits sex discrimination at federally funded educational institutions but does not explicitly address transgender athlete participation. As Shiwali Patel of the National Women’s Law Center explained, the complaint “rests on a flawed and distorted interpretation of Title IX, which broadly protects all students, including trans students, from discrimination based on their gender.” She pointed out, “The executive order they’re relying on (from the Trump administration) is not law.”

As the debate rages on in courts, legislatures, and locker rooms, the future for transgender Americans and Britons remains uncertain. What’s clear is that the fight over rights, recognition, and inclusion is far from over—and the stakes couldn’t be higher for those whose lives and identities are on the line.

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