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In this paper, the author engages questions of sustaining queer and trans students turning to the role of law and policy. In doing so, the author unpacks how queerness and transness have been taken up within US case law and state legislatures, paying particular attention to the backlash currently being seen and experienced after the election of Donald Trump. In particular, the author zeroes in on significant court cases and legislative battles that make visible the continue challenges facing queer and trans students. Drawing on contemporary educational, philosophical and legal conundrums around queer and trans students and teachers, the author presents skepticism about sustaining queerness while also arguing for the necessity to attempt such work.