The January 20, 2025 “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to The Federal Government” Executive Order introduces immediate and far-reaching changes that will violently affect the daily experiences of transgender and nonbinary individuals across the country. The order's systematic approach to eliminating gender identity recognition from federal policy will have negative consequences for all trans and nonbinary people that reaches far beyond direct federal jurisdiction.
I am not a lawyer or a legal scholar, but it is not hard to imagine the likely outcomes of this executive order. There are a few things I expect to happen immediately.
People who hold anti-trans beliefs will feel that they can immediately begin to misgender trans and nonbinary people and ignore our chosen names.
Employers and other organizations will be less likely to uphold policies that prohibit discrimination based on gender identity, encourage respect, or require the use of pronouns and chosen names.
Legal challenges to laws and policies that prohibit discrimination and protect trans and nonbinary people will come shortly after. And as all of this is happening schools will begin making rapid changes to policies of all kinds to avoid losing federal funds.
Allow me to lay out why I feel this will be the immediate aftermath of this executive order.
Legitimization of Discriminatory Practices
The order's definitions in Section 2 establish a federal framework that explicitly rejects gender identity recognition. By defining sex as "an individual's immutable biological classification" and characterizing gender identity as "disconnected from biological reality," the order provides institutional support for discriminatory practices. Section 3.b's requirement that federal employees use only biological sex classifications in official business creates a model that may encourage similar practices in private and public sectors.
This federal stance will embolden individuals and institutions to engage in discriminatory behavior, particularly regarding name and pronoun usage. The order's characterization of gender identity recognition as promoting "gender ideology" (Section 2.f) provides a rationalization for refusing to acknowledge chosen names and pronouns. This effect may be particularly pronounced in environments where existing protections are weak or absent.
Employment Policy Effects
The immediate impact on workplace policies presents significant concerns for trans and nonbinary employees to consider. Section 3.g's prohibition on using federal funds to "promote gender ideology" affects any employer receiving federal funding or contracts. This requirement may lead employers to modify or eliminate existing inclusive policies to maintain federal funding eligibility.
Even in jurisdictions with strong state or local protections, employers may hesitate to fully enforce inclusive policies due to uncertainty about potential conflicts with federal requirements. This hesitation could manifest in selective enforcement of protective policies or reduced accountability for discriminatory behavior. The situation becomes particularly complex for employers operating across multiple jurisdictions with varying levels of protection.
Challenges to State and Local Protections
The order's impact extends beyond federal jurisdiction to create uncertainty around state and local protections. While Section 8.a acknowledges limitations on federal authority, the order's approach to enforcing biological sex classifications affects any institution receiving federal funding. This creates potential conflicts between federal requirements and both State and local protective policies.
States and localities with existing protections for transgender individuals are certain to face increased legal challenges to their policies. The order's directive in Section 3.f for the Attorney General to issue guidance correcting the "misapplication" of Bostock v. Clayton County could provide legal arguments for challenging state and local protections. This situation will lead to protracted legal battles and uncertainty about the enforceability of existing protective measures.
Educational Institution Response
Educational institutions face immediate pressure to modify existing inclusive policies. The rescinding of numerous Department of Education guidance documents (Section 7.c) removes crucial federal support for transgender student protections. Schools may respond by preemptively weakening or eliminating inclusive policies regarding:
Name and pronoun usage in classroom settings
Facility access and accommodations
Participation in school activities and programs
Anti-discrimination and anti-harassment enforcement
Administrative and Documentation Changes
The order's requirements regarding official documentation create immediate practical challenges. Section 3.d's mandate for government-issued identification to reflect biological sex affects numerous administrative processes and records. It’s a change that is likely to extend far beyond federal documents to influence how institutions verify and maintain identity records.
What that means for people like me who have already had gender markers updated is unclear. For nonbinary people who have identity documents that list them as nonbinary are likely to immediately experience issues related to all federal or federally funded services as their IDs will no longer be viewed as valid at the federal level.
We Need to Resist and Support
In the face of this Executive Order, individual action becomes more important than ever.
For transgender and nonbinary individuals, protecting yourself in this changing landscape requires careful preparation and strong support networks. We need to start by securing and organizing our important documents.
Obtain copies of any identity documents, medical records, and legal paperwork that affirms your gender identity.
Keep both physical and digital copies in secure locations.
If you haven't already, consider completing any pending document updates before new restrictions have time to take effect.
Build your personal support system now.
Identify supportive healthcare providers, mental health professionals, and legal resources in your area.
Create a list of their contact information and any relevant policies or documentation they provide.
Consider joining local LGBTQ+ support groups or online communities where you can share information and resources.
In workplace and educational settings, document everything.
Keep records of any discrimination, harassment, or policy changes that affect you.
Save emails, take screenshots, and maintain a detailed log of incidents.
This documentation will be needed if you need to challenge discriminatory practices or seek legal protection. Even if you can’t take immediate action, there is a possibility that the next administration will once again rescind the discrimination being enshrined by this one.
For allies and supporters, your active support matters more than ever. Start in your immediate sphere of influence.
Speak up consistently against misgendering and discrimination in your workplace, social circles, and community spaces.
Make it clear that federal policy changes don't change your commitment to respecting everyone's gender identity.
Take concrete supportive actions.
Offer to accompany transgender and nonbinary friends to appointments or meetings where they might face discrimination.
Help them gather and organize important documents.
Support LGBTQ+ organizations with regular financial contributions or volunteer work.
Engage with your professional organizations.
If you're in healthcare, education, legal services, or other relevant fields, advocate for your professional associations to take strong positions supporting transgender rights.
Push for continuing education and professional development that includes LGBTQ+ cultural competency.
Advocate for trans and nonbinary people. Organizations need to hear from their stakeholders.
Contact companies you do business with and ask about their policies protecting transgender employees and customers.
Encourage them to make public statements supporting trans rights and to maintain inclusive policies regardless of federal changes.
Engage with school boards and administrators.
Attend meetings, submit written comments, and organize other parents and community members to advocate for maintaining protective policies.
Request specific commitments to prevent bullying and discrimination.
Advocate for healthcare providers to maintain inclusive practices and gender-affirming care.
Support healthcare organizations in developing private funding streams to continue providing necessary services.
Push for clear communication about available services and support resources.
Demand that your elected officials fight against discrimination. Political pressure must come from constituents.
Contact your state and local representatives regularly about protecting transgender rights.
Be specific in your requests – ask them to introduce or support legislation codifying protections for gender identity in state law.
Request their public opposition to discriminatory measures.
Engage with local government bodies. City councils, county commissions, and state agencies need to hear from community members about maintaining and strengthening local protections.
Submit public comments on relevant policies and regulations.
Organize others to do the same.
Support political candidates who explicitly commit to protecting transgender rights.
Volunteer for their campaigns, contribute if you can, and help get out the vote.
Look beyond high-profile races to local positions like school board and city council, where policies directly affecting transgender individuals are often decided.
Join local advocacy groups focused on transgender rights. Local advocacy groups are the frontline of defence and support for the transgender community.
Volunteer your time and talent
Donate money and resources
Share thier message with your circle of friends, family, and coworkers.
Remember that every action matters, no matter how small it might seem. Whether you're supporting one person, challenging one discriminatory practice, or speaking up in one meeting, you're contributing to the broader movement for transgender rights and dignity. Together, through sustained individual and collective action, we can work to protect our community and push back against discriminatory policies.
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