The Resistance Brief: Using the Law to Stop Overreach

Blog by Ricardo Martinez (he/him), Executive Director

GLAD Law is part of a legal movement that is standing between democracy and authoritarianism in the United States. Litigation has been one of the most effective tools to thwart the rise of anti-democratic norms and policies. I’m serious – while that may come as a surprise to some given recent Supreme Court decisions, courts nationwide are more often than not still acting as arbiters of justice and preventing a lot of harm. There are nearly 400 active legal challenges to Trump policies nationwide. Advocates have secured initial relief in about a third of these cases. 

The LGBTQ+ movement has recently experienced some devastating losses. And while we aim to secure legal victories, litigation can still serve a powerful purpose even when it doesn’t result in a clear “win.” These cases bring to light injustices, raise awareness of the harms falling on everyday people, and help shape public conversation, challenge the status quo, and build momentum.  

I know it probably isn’t reassuring to read that at a time when the federal government has committed to publicly and cruelly exploiting and targeting marginalized communities – such as immigrants, transgender people, and Black and Brown communities. 

That is why it is imperative that organizations like GLAD Law continue to fight like hell in court against the unconstitutional power grabs of the Trump administration. Our actions not only shape the immediate impact on the rights of individuals and marginalized communities but also influence the long-term health of our democracy and the rule of law. 

The attacks we have been subjected to don’t just harm the specific groups noted above; the erosion of universal rights and equality has far-reaching consequences for everyone. Though the direct impact of the targeting of LGBTQ+ people has been felt most acutely by transgender individuals, attacks on health care, books, and bathrooms further amplify harmful rhetoric about our entire community. Cisgender lesbians have been targeted in public bathrooms in multiple states, and state officials in Florida, amid widespread protests, erased the rainbow crosswalk honoring the 49 people killed in the Pulse shooting.  

If groups with limited political power can be unjustly targeted, the protection of individual liberties for the public weakens, and the principle of equal protection under the law is undermined.  

Government overreach, as we have become accustomed to witnessing on a national scale since January, can erode democratic institutions. Executive orders and laws selectively enforced or weaponized against “opponents” that go unchallenged can result in a legal system that becomes a tool of power rather than a check on it. 

Disregard for due process, attacks on freedom of expression, assembly, and dissent, and direct violations of the rule of law create conditions that are ripe for authoritarianism. But only if they are left unchecked. 

Six months ago, when Trump issued an executive order directing the Federal Bureau of Prisons to transfer all transgender women to men’s prisons in violation of federal law, we fielded heartbreaking calls from their loved ones. GLAD Law moved quickly and began litigation, with federal courts stepping in to order a halt to these transfers. The Bureau of Prisons complied with those orders, protecting our plaintiffs from an immediate threat of violence. Today, our attorneys will present oral arguments to stand up for our clients’ safety against the Trump Administration’s appeal of those preliminary rulings. 

Litigation is a tool of accountability and harm mitigation. It is also a signal to would-be authoritarians that we will not tolerate the erosion of fundamental rights. Responses to government overreach – whether via dissent, opposition, advocacy, or litigation – aren’t always dramatic or immediate. But litigation remains an essential tool in defending the rights of communities in the crosshairs of would-be autocrats. It provides a legal framework to resist unjust policies, challenge discrimination, and protect democratic norms, especially when other forms of resistance are being suppressed.  

However, its effectiveness depends on the engagement of civil society, the political will of those chosen to represent us, and courage, constant vigilance, and action by institutions, civil society, and an informed public. It depends on all of us. Together, through our relentless commitment to justice, we can ensure that power remains accountable, rights remain protected, and democracy not only survives – but thrives. 

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What to know, what to do: 

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