Understanding Trump’s Executive Order on Gender Ideology

Understanding President Trump’s Executive Order on Gender Ideology and Its Impact on Transgender Individuals in New York

On January 21, 2025, President Donald Trump issued an executive order titled "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government." This policy signals a significant shift in how the federal government approaches gender identity and related protections, particularly for transgender and non-binary individuals who have updated their legal documents to reflect their gender identity. At the J Morgan Levy Firm, we recognize the potential legal, emotional, and practical impacts this order may have on our clients and the broader community.

Key Provisions of the Executive Order

The executive order includes several key directives that redefine how federal agencies define gender:

1. Reinstatement of Biological Sex Standards: Federal agencies are required to define sex based solely on biological characteristics at birth. This affects policies, programs, and documentation, including passports, Social Security records, and other federal documents.

2. Elimination of Gender Identity Recognition: Policies recognizing gender identity as distinct from biological sex are rescinded. Federal forms and databases will no longer accommodate gender markers beyond "male" and "female."

3. Restrictions on Transgender Access to Single-Sex Spaces: The order prohibits transgender individuals from accessing federally funded single-sex facilities, programs, or activities that align with their gender identity.

4. Review of State Compliance: The administration will review whether state policies on gender identity conflict with federal regulations, potentially affecting state-level programs and funding. In New York, state policies under the Gender Expression Non-Discrimination Act (GENDA) protect individuals from discrimination based on gender identity or expression. This includes rights to update driver’s licenses, birth certificates, and other state-issued documents to reflect gender identity. Additionally, New York’s anti-discrimination laws extend to housing, employment, and public accommodations, ensuring that transgender individuals have robust protections that may clash with the new federal directives.

Impacts on Transgender and Non-Binary Individuals in New York

For transgender and non-binary individuals who have legally changed their sex designation on documents such as driver’s licenses, birth certificates, or passports, this order could have profound implications:

1. Revocation of Accurate Federal Identification

Transgender and non-binary individuals may face challenges updating or maintaining federal documents that reflect their gender identity. This could lead to mismatches between state and federal records, creating barriers in areas such as:

• Air travel (TSA screenings and passport verification)

• Employment requiring federal background checks

• Accessing Social Security or Medicare benefits

2. Increased Vulnerability to Discrimination

By removing gender identity protections, the order may embolden discriminatory practices in federally funded programs, such as housing, education, and healthcare. This is particularly concerning for transgender or non-binary individuals relying on these services.

3. Legal and Emotional Challenges

The mismatch between federal and state documents could lead to invasive questioning, delays in services, and a resurgence of stigma. For those who have worked hard to align their legal identity with their lived experience, this order represents a significant setback.

Implications for Civil Rights in New York State

New York State has robust anti-discrimination protections under laws like GENDA. However, this executive order creates potential conflicts between federal and state policies, which could:

• Undermine protections for transgender individuals in federally funded spaces like schools, shelters, and healthcare facilities.

• Increase the likelihood of legal challenges, with individuals caught between conflicting regulations.

• Create additional burdens on state agencies tasked with implementing inclusive policies.

What This Means for Small Businesses and Employers

Small businesses in New York that contract with federal agencies may face new compliance requirements:

• Reevaluating Policies: Businesses with inclusive workplace policies may need to reconcile them with federal standards, particularly regarding single-sex facilities.

• Risk of Discrimination Claims: Employers should continue following state anti-discrimination laws and remain vigilant about any updates or challenges to these laws. While New York State’s protections under GENDA are currently strong, changes to federal policies could prompt legislative or judicial challenges at the state level. Until such changes occur, employers must adhere to existing state laws to avoid legal exposure and maintain inclusive workplace practices.

• Increased Administrative Complexity: Navigating the differences between federal and state requirements may create additional administrative burdens.

Advocacy and Support Moving Forward

As attorneys dedicated to protecting the rights of all individuals, we encourage impacted individuals and businesses to take proactive steps:

• Know Your Rights: While this executive order changes federal policy, state protections in New York remain strong. Understand how state laws like GENDA protect you against discrimination.

• Update Legal Documentation: If you haven’t already, ensure your state-issued documents accurately reflect your gender identity to mitigate potential conflicts.

• Seek Legal Guidance: For individuals and businesses navigating these changes, consulting with an attorney is critical to understanding your rights and obligations under both state and federal law.

• Seek Support: If you are feeling uncertain or overwhelmed by these changes, seek support from local advocacy groups, community organizations, or legal professionals who can provide guidance and resources tailored to your situation. Some places you can get support include :

  • National Center for Transgender Equality (NCTE): Provides information on policy changes and resources for navigating legal and documentation challenges. (transequality.org)

  • Lambda Legal: Offers legal assistance and advocacy for LGBTQ+ individuals facing discrimination. (lambdalegal.org)

  • Transgender Legal Defense & Education Fund (TLDEF): Focuses on legal advocacy and support for transgender individuals, including assistance with name and gender marker changes. (transgenderlegal.org)

  • GLAAD: Works to amplify transgender voices and promote understanding through media advocacy. (glaad.org)

  • The Trevor Project: Offers free crisis intervention and suicide prevention services for LGBTQ+ youth. (https://www.thetrevorproject.org/get-help/)

Conclusion

President Trump’s executive order marks a pivotal moment for federal policies on gender identity, with wide-ranging implications for transgender individuals and their allies. While New York’s state-level protections remain a crucial safeguard, the order underscores the need for continued advocacy and vigilance in protecting civil rights.

If you or your business are affected by this policy change, our Firm is here to help. Together, we can navigate these challenges and continue the fight for equality and justice.

January 23, 2025