America First Legal vs. transgender people
America First Legal Foundation is an American conservative legal nonprofit that engages in anti-transgender activism. It describes itself as a conservative counterpart to the American Civil Liberties Union.
The group files lawsuits, civil rights complaints, and public records requests against government agencies, school districts, universities, and corporations. Its work centers on immigration, diversity, equity and inclusion (DEI) programs, and transgender-related policy.
Background
America First Legal (AFL) was launched on April 6, 2021 by Trump Administration officials Stephen Miller, Gene Hamilton, and Mark Meadows. Miller led the organization as president until returning to the White House in Trump’s second term. Hamilton, who had been executive director, executive vice president and general counsel, became AFL’s president.
AFL’s application for nonprofit status said it was founded with a $1.25 million grant from an unnamed donor. Mother Jones reported that AFL raised $44 million in 2022, and that more than 60 percent of its funding came from the Bradley Impact Fund.
AFL was listed on the advisory board of Project 2025 in April 2023. Miller later had the organization removed after the project drew negative attention.
Anti-transgender activism
Attacking transgender rights is one of AFL’s most active areas of work. These efforts fall into several broad categories: challenges to school gender identity policies, litigation over federal and state policies and laws that affect trans people, shareholder and civil rights actions against corporations, and anti-trans political advertising.
School gender identity policies
Much of AFL’s transgender-related litigation targets school district policies that let students use names, pronouns, or facilities matching their gender identity, particularly policies that don’t require staff to notify parents.
In 2022, AFL and the Wisconsin Institute for Law & Liberty filed a lawsuit on behalf of Parents Protecting Our Children against the Eau Claire Area School District in Wisconsin. The district’s policy allows students to change their names and pronouns and use the bathroom matching their gender identity without parental notice or consent. AFL did not prevail.
In November 2023, AFL sued Mesa Public Schools in New Mexico on behalf of board member Rachel Walden, alleging that the district’s policies violated Arizona’s parental rights law. A related case was later filed on behalf of a parent. The Maricopa County Superior Court initially dismissed the lawsuit. On appeal, the Arizona Court of Appeals revived the parent’s claim, ruling that parents can sue public schools that withhold gender identity information, but dismissed Walden’s portion of the case.
In March 2024, AFL filed a complaint against the Fairfax County School Board in Virginia, alleging sex and religious discrimination, based on the district letting students use the names, pronouns, and bathrooms that match their gender identity. The plaintiff, a now-graduated student identified as “Jane Doe,” accepted the school board’s offer of a judgment that included $50 and legal fees.
In September 2024, AFL sued California Governor Gavin Newsom after Newsom signed a law that makes it harder for schools and educators to disclose a student’s LGBTQ identity to their parents.
In 2025, AFL filed a series of lawsuits against Maryland school districts on behalf of parents, alleging that district policies required staff to use students’ preferred names and pronouns and keep their gender identity confidential without parental notice or permission. AFL also filed a federal complaint against Montgomery County Public Schools over the district’s 2025 handbook on gender identity, which AFL said facilitated social transitions while concealing them from parents. The district then adopted a policy requiring officials to share a child’s gender identity with parents who ask. In July 2026, AFL filed suit against Anne Arundel County Public Schools on behalf of two parents, seeking an injunction requiring staff to use their gender diverse child’s legal name.
Federal anti-discrimination rules
In August 2021, AFL sued on behalf of two Texas doctors who objected to an HHS notice stating that the federal ban on sex discrimination in federally funded health care also protects LGBTQ people. The case was dismissed for lack of standing in December 2024.
AFL served as co-counsel with Texas Attorney General Ken Paxton in a lawsuit against the Biden Administration’s revised Title IX rule, which made gender identity a protected class. In January 2025, a federal judge in a separate case brought by other states struck down the rule nationwide.
State laws on trans rights
In 2022, AFL filed an amicus curiae brief in the U.S. Court of Appeals for the Eleventh Circuit in Eknes-Tucker v. Ivey (later Boe v. Marshall), a challenge to Alabama’s law prohibiting gender-affirming medical care for minors. AFL’s brief supported the state, which was appealing a district court order that had blocked part of the law with a preliminary injunction. AFL argued that the injunction was flawed and asked the appeals court to vacate it and send the case back to the district court with instructions to dismiss. [22] In a statement, Gene Hamilton, then AFL’s vice president and general counsel, said the group was standing with Alabama and other states that restrict such treatments, and argued that minors lack the capacity to make such decisions. [22] AFL was one of many amici in the appeal. Medical organizations including the American Academy of Pediatrics, the American Medical Association and the Endocrine Society, along with California and 20 other states, filed briefs supporting the plaintiffs. [23] On August 21, 2023, the Eleventh Circuit vacated the preliminary injunction.
In 2024, AFL filed an amicus brief supporting Tennessee’s ban on puberty blockers and hormone therapy for minors and urging the Court to rule on the merits. In June 2025, the Court upheld the law. It held that the statute classified by age and medical use rather than by sex, so it only had to pass rational basis review. AFL issued a press release presenting the outcome as a victory consistent with its brief.
West Virginia v. B.P.J. (West Virginia, transgender athletes in school sports). AFL filed amicus briefs at two stages: on August 15, 2024 (supporting West Virginia’s petition for review) and on September 18, 2025 (on the merits). The case was argued on January 13, 2026, together with Little v. Hecox, a challenge to a similar Idaho law. On June 30, 2026, the Court ruled 6–3 that the Idaho and West Virginia laws did not violate the Equal Protection Clause by using biological sex to define eligibility for female sports teams. I couldn’t confirm whether AFL’s merits brief was also filed in the Idaho case, so I’d describe its participation as being in B.P.J. only.
Actions against corporations
In April 2023, AFL filed a federal civil rights complaint against Anheuser-Busch over its hiring and employment practices. The complaint was filed partly in response to a Bud Light marketing campaign featuring transgender influencer Dylan Mulvaney.
In August 2023, AFL sued Target in Florida federal court on behalf of investor Brian Craig. The suit claimed that the company misrepresented its risk monitoring after customer backlash over LGBTQ-themed merchandise. In February 2025, the State Board of Administration of Florida, represented by Attorney General James Uthmeier and AFL, filed a separate class action against Target under the Securities Exchange Act of 1934.
In February 2025, AFL sued the Trans-Siberian Orchestra on behalf of a lighting technician who alleged she was removed after reporting a transgender woman for sexual harassment in the women’s locker room.
Political advertising
Ahead of the 2022 midterm elections, AFL sent mailers to Spanish-speaking voters accusing Democrats of “indoctrinating your children.” According to reporting cited by Uncloseted Media, the mailers included an altered photo of then-Assistant Secretary for Health Rachel Levine and falsely claimed Levine promoted the castration of children.
Mother Jones reported that the group spent more on advertising than on legal services. Uncloseted Media reported that AFL engages in forum shopping, filing suits before judges seen as having conservative leanings.
References
DiAlesandro, Nico (July 1, 2025). America First Legal’s Complete Track Record on LGBTQ Issues. Uncloseted Media https://www.unclosetedmedia.com/p/america-first-legals-complete-track
Dias, Isabela (April 30, 2024). How a Few Secret Donors Are Fueling the New Right-Wing Infrastructure. Mother Jones https://www.motherjones.com/politics/2024/04/bradly-impact-fund-michael-flynn-stephen-miller-culture-war-project-veritas-american-first-legal-cpi/
Noah, Timothy (September 19, 2022). Stephen Miller’s legal nonprofit and the Biden agenda. The New Republic https://newrepublic.com/article/167635/stephen-miller-trump-legal-nonprofit-biden-agenda
Hauf, Patrick (May 17, 2024). Paxton Slams Biden’s Title IX Shift. Dallas Express https://dallasexpress.com/state/paxton-slams-bidens-title-ix-shift/
Walsh, Mark (January 9, 2025). Biden’s Title IX Rule to Expand Protections of Trans Students Struck Down. Education Week https://edweek.org/policy-politics/bidens-title-ix-rule-to-expand-protections-of-trans-students-struck-down/2025/01
Hess, Corrinne (December 12, 2024). US Supreme Court rejects Eau Claire parents’ challenge to school guidance for transgender students. Wisconsin Public Radio https://wpr.org/news/us-supreme-court-rejects-eau-claire-parents-challenge-to-school-guidance-for-transgender-students
Ring Trudy (November 23, 2023). Stephen Miller’s Legal Firm Sues Arizona School District Over Trans-Supportive Policies. The Advocate https://advocate.com/law/stephen-miller-arizona-school-lawsuit
Wiggins, Christopher (April 9, 2026). Stephen Miller’s legal group targets Maryland school district over trans student policies. The Advocate https://www.advocate.com/politics/national/stephen-miller-trans-kids-maryland
Fischer, Howard (January 2, 2026). Appeals court allows lawsuit over lack of parental notification on gender identity issues. Arizona Capitol Times https://azcapitoltimes.com/news/2026/01/02/appeals-court-allows-lawsuit-over-lack-of-parental-notification-on-gender-identity-issues/
Woolsey, Angela (March 7, 2024). Former Trump advisor’s legal group sues FCPS over LGBTQ-inclusive policies. FFXnow https://www.ffxnow.com/2024/03/07/former-trump-advisors-legal-group-sues-fcps-over-lgbtq-inclusive-policies/
Dickstein, Ryan (April 14, 2026). Conservative nonprofit files complaint against Maryland school district alleging violation of SCOTUS ruling. WMAR-2 News https://www.wmar2news.com/infocus/conservative-nonprofit-files-complaint-against-maryland-school-district-alleging-violation-of-scotus-ruling
Boteler, Cody (July 10, 2026). Parents sue Anne Arundel schools over transgender policies. Baltimore Banner https://www.thebanner.com/education/k-12-schools/arundel-schools-transgender-children-policies-lawsuit-6BKCHH25O5HP7FLPPGNF7RQFWU/
Scarcella, Mike (December 5, 2024). Target must face shareholder lawsuit over Pride backlash, US judge rules. KSL / Reuters https://www.ksl.com/article/news/business/target-must-face-shareholder-lawsuit-over-pride-backlash-us-judge-rules/51204257
Anti-trans coverage
Office of the Attorney General of Florida (February 20, 2025). Florida Attorney General James Uthmeier and America First Legal File Class Action Lawsuit Against Target. https://www.myfloridalegal.com/print/pdf/node/27906
Mallon, Elaine (July 9, 2026). School lied, hid daughter’s gender transition under district policy, parents allege. Fox News https://www.foxnews.com/politics/school-lied-hid-daughters-gender-transition-under-district-policy-parents-allege
Koberg, Kelsey (September 7, 2022). Wisconsin school district sued for violating parents’ rights over gender identity policy. Fox News https://www.foxnews.com/media/wisconsin-school-district-sued-violating-parents-rights-gender-identity-policy
Selected publications by AFL
Brief of Amicus Curiae America First Legal Foundation in Support of Respondents, United States v. Skrmetti, 605 U.S. 495 (2025) (No. 23-477), https://www.supremecourt.gov/DocketPDF/23/23-477/328099/20241011164702591_AFL%20Amicus.pdf
Brief of Amicus Curiae America First Legal Foundation in Support of Defendants-Appellants, Eknes-Tucker v. Governor of Alabama, 80 F.4th 1205 (11th Cir. 2023) (No. 22-11707). https://www.aflegal.org/news/afl-fights-to-protect-children-in-alabama-from-transgender-agenda-and-radical-life-altering-drugs-and-procedures-in-critical-case-at-the-eleventh-circuit
Press release (April 6, 2021). Senior Trump Officials Launch America First Legal. America First Legal https://www.aflegal.org/news/senior-trump-officials-launch-america-first-legal-foundation
Resources
Wikipedia (en.wikipedia.org)
America First Legal (aflegal.org)
X/Twitter (x.com)
Facebook (facebook.com)
Instagram (instagram.com)
YouTube (youtube.com)
Linktree (linktr.ee)
Truth Social (truthsocial.com)
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