Trump’s executive order on gender: What you need to know
President Donald Trump on Monday, fulfilling a campaign promise, issued a sweeping executive order rolling back a host of protections for members of the transgender community.
The order, which represents a shift in federal policy from the Biden administration, could have broad implications for transgender individuals, from how they identify on government documents to their protections in the workplace.
The order stipulates that the federal government will recognize two sexes — male and female — and would direct the State Department and the Department of Homeland Security to “require that government-issued identification documents, including passports, visas, and Global Entry cards, accurately reflect the holder’s sex.”
The order also prevents taxpayer funds from being utilized for gender-affirming health care and requires that prisons and rape shelters be designated by sex rather than gender identity.
Constitutional law experts said they expect the order to face legal challenges, potentially on privacy grounds.
For example, the order directs the Office of Personnel Management to ensure that federal personnel records accurately report an employee’s sex at birth. A federal court, some experts said, could argue that an individual’s sex at birth is a protected medical record.
Separately, Trump signed an executive order repealing a Biden directive allowing transgender troops to serve in the military.
Trump, who issued a ban during his first term — which was subsequently eliminated by Joe Biden — did not institute a new ban. But experts said Monday’s repeal clears the way for a new prohibition on transgender troops. There are an estimated 9,000 to 14,000 transgender troops serving in the military.
Monday’s executive order steers clear of two of the most controversial transgender issues. The order does not weigh in on which bathrooms transgender people can use or which athletic leagues or teams they can join.
Last year, the GOP-controlled Nassau County Legislature passed a law prohibiting transgender athletes from competing in women’s sports on county property.
President Donald Trump on Monday, fulfilling a campaign promise, issued a sweeping executive order rolling back a host of protections for members of the transgender community.
The order, which represents a shift in federal policy from the Biden administration, could have broad implications for transgender individuals, from how they identify on government documents to their protections in the workplace.
The order stipulates that the federal government will recognize two sexes — male and female — and would direct the State Department and the Department of Homeland Security to “require that government-issued identification documents, including passports, visas, and Global Entry cards, accurately reflect the holder’s sex.”
The order also prevents taxpayer funds from being utilized for gender-affirming health care and requires that prisons and rape shelters be designated by sex rather than gender identity.
Constitutional law experts said they expect the order to face legal challenges, potentially on privacy grounds.
For example, the order directs the Office of Personnel Management to ensure that federal personnel records accurately report an employee’s sex at birth. A federal court, some experts said, could argue that an individual’s sex at birth is a protected medical record.
Separately, Trump signed an executive order repealing a Biden directive allowing transgender troops to serve in the military.
Trump, who issued a ban during his first term — which was subsequently eliminated by Joe Biden — did not institute a new ban. But experts said Monday’s repeal clears the way for a new prohibition on transgender troops. There are an estimated 9,000 to 14,000 transgender troops serving in the military.
Monday’s executive order steers clear of two of the most controversial transgender issues. The order does not weigh in on which bathrooms transgender people can use or which athletic leagues or teams they can join.
Last year, the GOP-controlled Nassau County Legislature passed a law prohibiting transgender athletes from competing in women’s sports on county property.
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