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Michael J. Tyler
- January 26, 2025
On January 20, 2025, President Donald Trump signed an executive order titled Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government. This order mandates that all federal agencies in the United States recognise only two biological sexes—male and female—determined at conception. This move effectively eliminates legal recognition of transgender and non-binary identities in federal policy, rescinds diversity, equity, and inclusion (DEI) programs, and rolls back protections for LGBTQ+ individuals. While framed as a defence of biological reality, this policy raises significant human rights concerns and has sparked widespread debate in legal, ethical, and social spheres.
Human Rights and Gender Identity
Human rights, as enshrined in international frameworks such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), emphasise the inherent dignity and equal rights of all individuals. The right to self-identify, express one’s gender, and live free from discrimination has been widely recognised as fundamental to human dignity. The Trump administration’s directive undermines these principles by negating the existence of transgender and non-binary people within legal and governmental frameworks.
For example, under the Obama and Biden administrations, the U.S. Department of State had introduced an “X” gender marker on passports to accommodate non-binary individuals. The removal of this option under Trump’s new order effectively denies legal recognition to those who do not fit within the male-female binary. This policy shift directly contravenes the principles upheld by the Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity, which stress that states must respect and facilitate self-identified gender markers in official documents.
Equality Before the Law and Non-Discrimination
Article 26 of the ICCPR affirms that all individuals are equal before the law and entitled to protection against discrimination. The Trump administration’s order, however, fosters discrimination by erasing legal safeguards that protect transgender and non-binary people from bias in employment, healthcare, education, and public services.
Consider the case of Bostock v. Clayton County (2020), where the U.S. Supreme Court ruled that discrimination against transgender employees is a form of sex discrimination under Title VII of the Civil Rights Act. This landmark ruling affirmed that gender identity falls within the scope of legal protections against discrimination. The new executive order, however, undermines such protections by explicitly rejecting gender identity as a legally recognised category, thereby allowing institutions and employers to discriminate with impunity.
Implications for Healthcare and Social Services
Another critical human rights issue arising from this policy shift is access to healthcare. The Trump administration’s directive instructs federal health agencies to define sex strictly in biological terms. This poses significant risks for transgender individuals who may be denied gender-affirming medical care.
For instance, during Trump’s first term, attempts were made to remove anti-discrimination protections for transgender patients under the Affordable Care Act (ACA). While these changes were later reversed under Biden, the new 2025 order revives the same concerns. In practical terms, transgender individuals may face increased barriers to essential services such as hormone therapy, mental health support, and gender-affirming surgeries. Furthermore, hospitals or insurers may claim religious or ideological exemptions to deny treatment, exacerbating healthcare disparities.
International Criticism and Legal Challenges
The global response to Trump’s executive order has been largely critical, with human rights organisations condemning it as a violation of fundamental freedoms. The United Nations Human Rights Council (UNHRC) has consistently recognised the need for policies that protect gender-diverse individuals from discrimination and violence. Countries such as Canada, Australia, and members of the European Union have enacted policies that affirm gender self-identification, contrasting sharply with the U.S. reversal.
Legal challenges to the order are already anticipated, with advocacy groups like the American Civil Liberties Union (ACLU) preparing to argue that it contravenes constitutional protections under the Equal Protection Clause of the Fourteenth Amendment. Additionally, previous rulings, such as Grimm v. Gloucester County School Board (2020), which affirmed the rights of transgender students under Title IX, could serve as precedent in opposing the order’s impact on education policies.
Ethical Considerations and Social Consequences
Beyond legal implications, the executive order has ethical and societal consequences. By erasing transgender identities from federal recognition, the policy contributes to social stigma and exclusion. Research has shown that lack of legal recognition correlates with higher rates of mental health struggles, economic hardship, and homelessness among transgender individuals.
A study by The Trevor Project found that transgender youth who experience rejection from legal and social institutions face significantly higher rates of suicide and depression. Policies that enforce binary gender norms further alienate vulnerable individuals and contribute to systemic inequality.
Conclusion
Trump’s executive order on gender recognition represents a regressive step in the ongoing struggle for human rights and equality. By eliminating protections for transgender and non-binary individuals, the policy contradicts international human rights principles, weakens anti-discrimination laws, and exacerbates existing inequalities in healthcare, employment, and public services. The backlash from civil rights groups and potential legal challenges highlight the fundamental conflict between the order and constitutional protections. In a global context that increasingly acknowledges and affirms gender diversity, this policy isolates the United States from progressive human rights norms and threatens the dignity and freedoms of many of its citizens.
