Trump Immediately Attacks the LGBTQ Community in First Set of Executive Actions

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On January 20th, 2025, a new executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” was issued marking a significant shift in federal policy on sex and gender. 

The order, presented as a measure to protect women’s rights, redefines sex as a biological characteristic determined at conception. It states, “‘Female’ means a person belonging, at conception, to the sex that produces the large reproductive cell. ‘Male’ means a person belonging, at conception, to the sex that produces the small reproductive cell.” This explicitly rejects the concept of gender identity and establishes a framework that federal agencies must adopt. 

The executive order mandates that all government-issued identification documents, such as passports, government IDs, and employment records, reflect biological sex. It also prohibits using federal funds to support initiatives promoting “gender ideology,” extending this restriction to grants and federally funded programs. Thus, federal systems effectively do not recognize transgender and nonbinary people. Furthermore, it prohibits using federal funds to support programs that serve LGBTQ+ communities.

A particularly harmful aspect of the order is its directive to enforce sex-based distinctions in spaces such as domestic violence shelters, prisons, and restrooms. These policies exclude transgender individuals from accessing spaces that align with their gender identity, exposing them to increased risks of violence, harassment, and discrimination. For example, transgender women placed in men’s prisons face disproportionately high rates of assault, a reality the order ignores in its claim to protect “safety and dignity.”

Furthermore, the order challenges interpretations of the Supreme Court’s decision in Bostock v. Clayton County (2020). This established that Title VII of the Civil Rights Act protects against discrimination based on sexual orientation and gender identity. This decision extended workplace protections to LGBTQ+ individuals. However, the recent executive order seeks to roll back these protections. If the policies stemming from this order lead to actions that deny equal treatment to transgender or nonbinary individuals, for example, in workplaces, federal programs, or facilities, it could open the door to legal challenges arguing that the order violates the protections established under Bostock. 

This executive order is a direct attack on LGBTQ+ rights, particularly targeting transgender and nonbinary individuals by erasing gender identity from federal policies and programs. It undermines protections, fosters discrimination, and creates real dangers in spaces like shelters and prisons. This executive order is not about protecting women, it’s about further marginalizing transgender and nonbinary individuals under the guise of defending women’s rights. True gender equity includes all people. 

Here is a list of the guidance documents that were deemed “inconsistent” with the new gender ideology order:

1. Executive Orders and Presidential Memoranda  
   1. Executive Order 13988 (Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation).  
   2. Executive Order 14004 (Enabling All Qualified Americans to Serve Their Country in Uniform).  
   3. Executive Order 14020 (Establishment of the White House Gender Policy Council).  
   4. Executive Order 14021 (Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity).  
   5. Executive Order 14075 (Advancing Equality for LGBTQI+ Individuals).
2. Guidance and Toolkits from the Department of Education
   1. “2024 Title IX Regulations: Pointers for Implementation.”  (LINK)
   2. “U.S. Department of Education Toolkit: Creating Inclusive and Nondiscriminatory School Environments for LGBTQI+ Students.”  (LINK)
   3. “Supporting LGBTQI+ Youth and Families in School” (English and Spanish versions).  (LINK)
   4. “Supporting Intersex Students: A Resource for Students, Families, and Educators.”  (LINK)
   5. “Supporting Transgender Youth in School.”  (LINK)
   6. “Confronting Anti-LGBTQI+ Harassment in Schools: A Resource for Students and Families.”  (LINK)
   7. “Letter to Educators on Title IX’s 49th Anniversary.”  (LINK)
   8. “Back-to-School Message for Transgender Students from the U.S. Departments of Justice, Education, and HHS.”(LINK)
3. Justice Department Guidance
   1. Attorney General Memorandum (March 26, 2021) on Bostock v. Clayton County and Title IX applications. (LINK)
4. Equal Employment Opportunity Commission (EEOC)
   1. “Enforcement Guidance on Harassment in the Workplace” (April 29, 2024). (LINK)
5. Other Federal Guidance and Resources 
   1. “The White House Toolkit on Transgender Equality.”  (LINK)
   2. HUD’s Final Rule: “Equal Access in Accordance with an Individual’s Gender Identity in Community Planning and Development Programs” (2016).  (LINK)
   3. Bureau of Prisons’ policies regarding gender-affirming medical care for incarcerated individuals.  (LINK)
   4. Various grant conditions tied to gender identity inclusion in federally funded programs.