Trump issues executive orders asserting binary biological sexes and pausing diversity, equity, and inclusion initiatives
President Donald Trump signed executive orders on Monday, declaring that the U.S. government will acknowledge only two genders, namely male and female. In addition, he put an end to what he described as “radical and wasteful” diversity, equity, and inclusion initiatives within federal agencies.
During a phone call on Monday morning prior to Trump’s inauguration, senior White House officials provided an overview of both orders, which fall under the Trump administration’s broader initiative to “restore sanity.”
The gender order upholds the principle of defending women’s rights and safeguarding freedom of conscience through the use of precise and inclusive language and policies that acknowledge the biological distinction between females and males.
The new policy mandates that the federal government utilize the term “sex” instead of “gender.” It also instructs the State Department and the Department of Homeland Security to ensure that government-issued identification documents, such as passports, visas, and Global Entry cards, accurately depict the individual’s sex.
“Throughout the nation, individuals who reject the biological truth of sex have been employing legal and other forms of social pressure to enable men to identify themselves as women and gain entry into private spaces and activities exclusively meant for women. This includes places like women’s shelters for victims of domestic abuse and communal showers in female workplaces. The order states that such actions are unjust, as they undermine the dignity, safety, and overall welfare of women.”
“The eradication of gender-specific terms and policies has a detrimental effect not only on women but also on the credibility of the entire American system,” the statement asserts. “Relying on factual accuracy for Federal policies is crucial for scientific research, public welfare, morale, and the public’s confidence in the government.”
In 2022, the Biden administration introduced a significant change, allowing U.S. citizens to choose the gender-neutral option of “X” as a marker on their passports. However, recently, the page on the State Department website that provided instructions for updating passport gender markers seems to have been taken down. Instead, it now redirects to a general U.S. passports page.
The gender order ensures that taxpayer funds are not allocated for gender-transition health care. It also mandates the preservation of “privacy in intimate spaces,” which means that single-sex spaces, such as prisons and rape shelters, will be designated based on biological sex rather than gender identity.
The final directive requires federal agencies to revoke any guidance documents that are not in line with the gender order. This includes documents such as the “White House Toolkit on Transgender Equality,” “Supporting Transgender Youth in School,” and “Confronting Anti-LGBTQI+ Harassment in Schools: A Resource for Students and Families.”
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During his campaign, Trump made it a priority to undermine the rights and protections of transgender and nonbinary individuals. This particular issue was highlighted in his television advertisements, with one commercial in particular airing frequently in crucial swing states like Pennsylvania, where Trump ultimately triumphed over former Vice President Kamala Harris. The ad featured the message, “Kamala is for they/them. President Trump is for you.”
The second order aims to put an end to what it deems as “discriminatory” DEI policies, positions, and offices within the federal government within a timeframe of 60 days. This order specifically targets programs focused on environmental justice and grants related to equity.
The order states that the new administration will conduct monthly meetings with the deputy secretaries of important agencies. During these meetings, the administration aims to receive reports on the prevalence of diversity, equity, and inclusion (DEI), as well as the economic and social costs associated with it.
The senior White House official emphasized the significance of signing the DEI order on Martin Luther King Jr. Day, stating that it was a fitting tribute. They highlighted that the order aimed to fulfill the promise and hope championed by civil rights activists, which is the idea that all Americans should be judged based on their character rather than the color of their skin.
In recent years, DEI initiatives across American society have come under scrutiny by Trump and conservatives, who have criticized them as being discriminatory.
In his inaugural address on Monday, Trump mentioned the orders, stating that his administration will oppose attempts to integrate race and gender into all aspects of public and private life. He emphasized the goal of creating a colorblind and merit-based society.
Advocates for diversity, equity, and inclusion (DEI) in American society contend that implementing these initiatives is crucial for fostering racial and social inclusivity within companies, schools, government agencies, and other institutions.
Major corporations, including Meta, McDonald’s, and Walmart, have recently made headlines by announcing their decision to discontinue some or all of their diversity practices in the lead-up to Trump’s return to power.
Jin Hee Lee, who serves as the director of strategic initiatives for the NAACP Legal Defense Fund, has expressed concerns regarding the specific DEI programs that will be terminated. Lee has emphasized the organization’s commitment to combatting discrimination and has stated that they are prepared to take any necessary action, including pursuing legal challenges, to prevent discrimination from prevailing.
According to Lee, if there is an attempt to ban anything related to addressing inequality, it would greatly hinder the progress of racial justice.
She emphasized that allowing employers or the government to discriminate based on race or sex would be disconcerting, as any incoming president has the power to establish policies for the federal administration.
LGBTQ legal advocates react
Lambda Legal, a civil rights organization that advocates for LGBTQ Americans through litigation, plans to challenge the executive actions of the administration, according to Jennifer C. Pizer, the organization’s chief legal officer. She anticipates that Lambda Legal, along with other organizations, will file lawsuits against the administration in response to these actions.
“The president cannot simply alter the truth of people’s identities and the undeniable existence of our community,” Pizer emphasized. “We possess the same rights to equal protection as anyone else.”
According to another legal expert within the LGBTQ community, it is expected that Trump’s executive order regarding gender identity will face legal challenges. However, the administration has the authority to implement the order and, in certain situations, bring about immediate modifications.
According to an anonymous expert, certain institutions like prisons, migrant shelters, and rape shelters have the ability to quickly relocate transgender individuals to facilities that correspond with their assigned sex at birth rather than their gender identity. This would result in scenarios where transgender women, for instance, would be transferred from women’s prisons to male prisons.
Transgender Americans, especially those who have X as their gender marker on federal documents like passports, should exercise caution when traveling abroad, according to the lawyer. He advises them to be aware of potential challenges they may face when re-entering the United States, including the possibility of being detained by border agents.
According to the lawyer, if a person’s X gender marker cannot be entered into the system by a Customs and Border agent, it could result in the person being held in Customs and Border Protection custody until they can coordinate with the Department of State to obtain an alternate ID.
Some changes may take longer to implement, such as how agencies handle health care for transgender Americans or how the Department of Housing and Urban Development protects trans tenants from eviction by landlords. These changes require agencies to go through a lengthy process that can take months or even years to alter the governing rules.
According to the legal expert, there may be instances where it will require a considerable amount of time for the agencies to complete the necessary steps. This includes issuing Notices of Proposed Rulemaking, carefully reviewing and addressing the comments received, as they are legally obliged to do, and rectifying any deficiencies before finally publishing the ultimate rule.
Once the expected legal challenges are filed, courts have the authority to block the implementation of the order by issuing injunctions. However, judges also have the option to permit the order to be implemented while the challenges progress through the court system, including the possibility of the Supreme Court siding with the Trump administration.
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