President Trump has issued so many executive orders in the first month of his term that it’s hard to keep up. From banning paper straws to establishing the White House Faith Office, he has signed over 60 executive orders, more than any U.S. president in their first 100 days (almost double the number he signed in the first 100 days of his first term). At least five directly target the transgender community, but we’re just beginning to see whether or not they are enforced or found legal by the courts.
Here is a recap of what you need to know since January 20. There is transphobic language quoted from the orders ahead, so proceed with caution. (Each of these titles is horrifying.)
“Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government”
Signed: January 20
This is the widest-reaching executive order and others refer back to it. It states that the federal government only recognizes two sexes (erasing intersex Americans) and defines gender identity as “disconnected from reality” and that it “does not provide a meaningful basis for identification and cannot be recognized as a replacement for sex.” It directs all agencies to only use the word sex (not gender) on documents and to cease using (and retroactively remove) any statements, forms, messages, policies, etc. that accept transgender identities. The order specifically calls for passports and visas to only reflect sex assigned at birth. All federal physical spaces separated by sex must also be divided by sex, not gender identity.
The order also defines “gender ideology” as the false claim that people can be transgender and takes steps to eradicate this idea. This area is concerningly broad: “Agencies shall take all necessary steps, as permitted by law, to end the Federal funding of gender ideology.” This could apply to schools, health clinics, libraries, nonprofit organizations, homeless shelters, prisons—anywhere that receives federal funds. It also applies across every agency, such as the Departments of Health and Human Services, Housing and Urban Development, Justice, and Labor.
It’s a lot and it’s scary, but Trump doesn’t have the power to order unconstitutional policies so the order may become unenforceable. The ACLU has already filed a lawsuit over the passport policy and other lawsuits are sure to follow. It’s important to note that the Department of State has clarified that existing passports with an “X” gender marker or a marker different than your sex assigned at birth are still valid until their expiration date (though new passports with those markers will not be issued anymore).
“Ending Radical And Wasteful Government DEI Programs And Preferencing”
Signed: January 20
This day-one EO bans any government agency from promoting the idea of diversity, equity, and inclusion (DEI). This removes any trainings or initiatives that talk about anti-LGBTQ+ bias and says that any positions related directly to diversity be eliminated. Private companies have followed Trump’s lead with this order by eliminating their own DEI programs, showing the far-reaching effect of these orders beyond their scope.
“Protecting Children From Chemical and Surgical Mutilation”
Signed: January 28
This very concerning order bans federal funding from going to gender identity for those under 19 years of age. It notably includes 18-year-olds, testing the waters for banning gender-affirming care for adults.
The order is being fought on multiple fronts. First, when some hospitals in New York that receive federal funding dropped their gender-affirming care programs, the New York Attorney General directed them to continue or they would be in violation of state law. This fights providers complying in advance with the illegal order directly, a faster way to get care back up and running while the courts could take longer.
A huge lawsuit has already been filed February 4 against this order by the ACLU, Lambda Legal, PFLAG, and the LGBTQ+ medical association GLMA on behalf of transgender people under 19 from seven states. Also watch for the Supreme Court decision expected this June in U.S. v. Skrmetti, which will rule on whether or not it is constitutional to ban gender-affirming care for minors.
On February 13, Judge Brendan Hurson issued a restraining order blocking enforcement of this executive order. While this restraining order is temporary, it prohibits federal agencies from witholding federal funding from healthcare professionals or organizations providing gender-affirming medical care to those under 19—for the time being.
“Ending Radical Indoctrination in K-12 Schooling”
Signed: January 29
This order condemns any teaching that might make a child question their gender identity or make them feel guilty for having privilege (yes, it specifically bans education causing a feeling). It bans federal funding for any school teaching “gender ideology” and promises “appropriate actions” against K-12 school staff who “facilitate the social transition of a minor student.”
This order is significant for going further in its language, putting being transgender in a category of “anti-American, subversive, harmful, and false ideologies,” dropping the pretense of “protecting children” or “defending women.”
“Keeping Men Out of Women’s Sports”
Signed: February 5
This EO removes federal funding for any program (such as a school with a sports team) that allows trans girls and women to play on the girls’ or women’s team. The order addresses international issues such as denying visas to trans women who try to come to the U.S. for sports and lobbying the United Nations and International Olympic Committee to be more transphobic.
Two trans girls who are high school student athletes have filed a lawsuit against the Trump administration over the order.
Many of these directives are unclear and sweeping, but also often direct certain agencies to develop recommendations and reports within 30-90 days, so we’ll likely see more details emerge as the months go on.