President Donald Trump on Monday plans to sign executive orders proclaiming that the U.S. government will recognize only two sexes, male and female, and ending “radical and wasteful” diversity, equity and inclusion programs inside federal agencies, according to senior White House officials.
The officials grouped both orders under the Trump administration’s wider “restoring sanity” agenda. The orders were detailed by an incoming official on a phone call Monday ahead of Trump’s swearing-in.
The official presented the gender order as part of a policy “defending women from gender ideology extremism and restoring biological truth to the federal government.”
The order aims to require that the federal government use the term “sex” instead of “gender,” and directs the State Department and the Department of Homeland Security to “ensure that official government documents, including passports and visas, reflect sex accurately.”
In 2022, the Biden administration allowed U.S. citizens to be able to select the gender-neutral “X” as a marker on their passports.
The order will also prevent taxpayer funds from being used for gender-transition health care and add “privacy in intimate spaces” in facilities such as prisons, migrant shelters and rape shelters.
Trump campaigned on rolling back protections for transgender and nonbinary people and emphasized the issue in television advertisements, including a commercial that aired frequently in key swing states such as Pennsylvania. “Kamala is for them/them. President Trump is for you,” the most notable ad said.
The second order detailed by the White House official aims to end “radical and wasteful government DEI programs and preferencing” inside the federal government.
The official said the new administration will hold monthly meetings with the deputy secretaries of key agencies to “assess what type of DEI programs are still discriminating against Americans and figure out ways to end them.”
The official said the new administration intended to “dismantle the DEI bureaucracy,” singling out environmental justice programs and equity-related grants.
The official said it was “very fitting” that the order was announced on Martin Luther King Jr. Day because “this is order is meant to return to the promise and the hope, captured by civil rights champions, that one day all Americans can be treated on the basis of their character, not by the color of their skin.”
In recent years, Trump and conservatives have assailed DEI initiatives across American society, characterizing them as discriminatory.
Trump referenced the orders in his inaugural address Monday afternoon, saying in part that his administration would resist what he described as efforts to “socially engineer race and gender into every aspect of public and private life.” He added that his administration would “forge a society that is color-blind and merit-based.”
The proponents of DEI in American society have argued that such initiatives are essential to make companies, schools, government agencies and other institutions more racially and socially inclusive.
In the weeks leading up to Trump’s return to power, major corporations such as Meta, McDonald’s and Walmart have announced they are ending some or all of their diversity practices.
Jennifer C. Pizer, the chief legal officer at Lambda Legal, a civil rights organization that litigates on behalf of LGBTQ Americans, said she expects her organization and others to file lawsuits against the administration over the executive actions.
“The president can’t, with a wave of a pen, change the reality of who people are and the fact that we as a community of people exist,” Pizer said. “We have equal protection rights, just like anybody else does.”
Another lawyer and legal expert in the LGBTQ community said that even though Trump’s executive order on gender identity will surely be challenged in court, the administration can implement the order and, in some cases, make immediate changes.
The expert, who asked that their name not be published so they could speak candidly about the executive order, noted that prisons, migrant shelters and rape shelters could immediately begin moving transgender people into spaces that align with their birth sex as opposed to their gender identity. That means, for example, trans women serving time in women’s prisons could in short order be moved to male prisons.
The lawyer also said transgender Americans — especially those who have X as their gender marker on federal documents like passports — should exercise caution when leaving the country, as they could have challenges re-entering the United States and could even be held in detention by border agents.
If a Customs and Border agent can’t enter a person’s X gender marker into their system to allow the person back into the U.S., that could mean the person would remain in Custom and Border Protection custody “until they can work with the Department of State to get an alternate ID issued,” the lawyer said.
Still, some changes — such as the way agencies handle health care for transgender Americans or the way the Department of Housing and Urban Development protects trans tenants from being evicted by landlords — could take longer to implement because agencies will have to go through a process that takes months or even years to change the rules governing the agencies.
In some cases, the legal expert said, “it’ll take time for the agencies to issue Notices of Proposed Rulemaking, go through the comments, which is part of what they’re legally obligated to do, and respond to any deficiencies, and then publish a final rule.”
Once the anticipated legal challenges to the executive order are filed, courts could seek to block the implementation of the order by issuing injunctions. But, courts could also decide to allow the order to be implemented as challenges work their way through the courts, including to the Supreme Court, which could side with the Trump administration.
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