Executive Order 14168: "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government" Signed by Donald Trump January 20, 2025, 90 Federal Register 8615 (01/30/2025) (Full Document) "This article was drafted with the assistance of ChatGPT, an AI language model. All content has been reviewed and edited by Vernellia Randall to ensure accuracy and coherence."

 

Presidential sealSummary of Executive Order 14168

On January 20, 2025, President Donald Trump issued Executive Order 14168, "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government." This order mandates that all federal agencies adopt a strict binary definition of sex—male or female, determined at conception. It removes references to gender identity from federal policies, prohibits the use of federal funds for programs supporting transgender identities, and requires sex-segregated facilities such as bathrooms, prisons, and shelters to be designated solely by biological sex. The order also rescinds protections established in previous executive actions and dissolves the White House Gender Policy Council.

This policy represents a significant rollback of federal protections for transgender and nonbinary individuals. It mainly impacts those relying on federal protections in healthcare, employment, housing, and education. By eliminating recognition of gender identity, the executive order effectively removes legal protections against discrimination for transgender and gender-nonconforming individuals.

 

Racial Justice Analysis

Executive Order 14168 disproportionately affects transgender people of color, who already experience higher rates of discrimination, poverty, and violence. The order's strict biological definition of sex erases gender identity from federal policy, removing critical protections that help mitigate systemic inequities. Below are key racial justice concerns:

1. Increased Discrimination in Housing and Employment
  1. Black and Indigenous transgender individuals already face higher unemployment rates, with some studies estimating that transgender people of color experience unemployment at up to four times the national average.
  2. By rescinding federal protections that prohibit workplace and housing discrimination based on gender identity, this order could exacerbate homelessness and economic instability, disproportionately impacting Black and Latinx transgender communities.
2. Exacerbation of Healthcare Disparities
  1. This order could restrict access to gender-affirming care, which is critical for transgender well-being, especially for Black and Brown transgender individuals who already face racial bias in medical treatment.
  2. The Affordable Care Act's Section 1557, which prohibits discrimination in federally funded healthcare programs, could be weakened, leading to the denial of medical care for transgender individuals.
3. Increased Risk of Violence for Transgender People of Color
  1. Transgender women of color, particularly Black and Latinx transgender women, face disproportionately high rates of violence and murder.
  2. By forcing trans individuals into spaces based on biological sex, such as prisons, domestic violence shelters, and public restrooms, this order puts trans women of color at higher risk of physical and sexual violence.
4. Legal Implications and Rollbacks of Civil Rights
  1. The order contradicts Bostock v. Clayton County (2020), where the Supreme Court ruled that discrimination based on gender identity is a form of sex discrimination under Title VII.
  2. It also undermines existing federal protections in education (Title IX), fair housing, and public accommodations.
5. The Intersection of Racial and Gender Identity Oppression
  1. Many transgender people of color navigate both racial and gender-based discrimination, leading to compounded barriers in accessing employment, education, and healthcare.
  2. This order erases the recognition of intersectional discrimination, making it harder to challenge policies that disproportionately harm transgender people of color.

Conclusion & Recommendations for Activism

This executive order represents a significant rollback of transgender rights, particularly harming Black, Indigenous, and Latinx transgender individuals, who already face disproportionate economic and social barriers. Activists and policymakers should respond with the following actions:

  1. Legal Challenges & Litigation
    1. Civil rights organizations should challenge this order in court, arguing that it violates Title VII employment protections, Title IX education protections, and the Equal Protection Clause of the Constitution.
  2. State and Local Policy Protections
    1. Given the rollback of federal protections, activists should advocate for state and local laws that affirm gender identity protections in employment, housing, and public accommodations.
  3. Public Education & Coalition Building
    1. Coalitions between racial justice and LGBTQ+ advocacy organizations can amplify awareness of the racialized impact of transgender discrimination.
    2. Public awareness campaigns should highlight the intersectional barriers that transgender people of color face and counter the misinformation used to justify this order.
  4. Data Collection & Reporting
    1. Given the federal government's retreat from gender identity recognition, community-driven organizations must document discrimination cases to strengthen legal challenges and advocacy efforts.
  5. Legislative Advocacy
    1. Pressure Congress to introduce federal legislation that codifies gender identity protections into civil rights law, ensuring that a future executive order cannot quickly rescind them.
  6. Direct Support for Affected Communities
    1. Grassroots organizations should increase funding for transgender-led mutual aid networks that support housing, legal defense, and healthcare access for transgender people of color.

This order is not just an attack on transgender rights—it is a broader rollback of civil rights protections, disproportionately harming communities of color. The response must be intersectional, legally strategic, and community-driven to counteract its damaging effects.