Among Trump’s first acts on Day One of his second term is a sweeping attack on transgender rights. Trump has signed an executive order limiting the federal definition of sex to two genders—”male and female”—meaning the government will no longer recognize trans, nonbinary, intersex and gender nonconforming citizens.
The executive order, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” restricts the definition of sex to male and female within federal documents and federally funded institutions. As the title suggests, the order’s purported purpose is to “defend women’s rights” and restore “trust in government itself.”
Related
Trump’s executive order limiting the definition of gender and stopping gender markers from being updated won’t affect existing documents.
The definition claims to be based on the “immutable biological reality of sex,” despite ignoring biological variance in intersex people. “It is the policy of the United States to recognize two sexes, male and female,” the executive order reads. “These sexes are not changeable and are grounded in fundamental and incontrovertible reality.” All of America’s major medical associations disagree and recognize trans, nonbinary, and intersex people as natural manifestations of human diversity.
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The executive order will have far-reaching implications. Government identification documents, such as passports and driver’s licenses, will now be restricted to sex assigned at birth (it is unclear whether this applies only to ID documents issued after the order’s signing). Federal agencies and institutions that receive federal funding—including schools and shelters—will also no longer be legally required to recognize trans or nonbinary identities in their policies.
The order specifically attacks incarcerated trans people. It demands that all inmates be housed in prisons according to their sex assigned at birth and explicitly denies trans inmates gender affirming care.
This directive was one of around 200 executive orders Trump signed on his first day in office, signaling that anti-trans legislation will be a primary focus of the administration. Others include an end to DEI programs at the federal level, pulling the US out of World Health Organization and Paris Climate Accord, pardoning around 1,500 Jan 6 insurrectionists, declaring a state of emergency at the border, and attempting to end birthright citizenship for immigrants (which is guaranteed by the 14th amendment).
Advocacy groups are already planning to challenge Trump’s anti-trans order in court.
“We are exploring every legal avenue to challenge these unlawful and unconstitutional actions. This is not only about politics and ideology — but also about real people’s lives,” said Kevin Jennings, CEO of Lambda Legal, in a statement.
“In the next four years, we may not be able to litigate every odious anti-LGBTQ policy change, but rest assured, attacks on our communities will not go unanswered.”
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