On January 31, 2025, a briefing held by Ethnic Media Services provided insight into the impact of a newly signed executive order that mandates government agencies to recognize only two sexes—male and female—based strictly on biological definitions at birth. The order, signed by President Trump, has been widely criticized as an attack on the rights of transgender and nonbinary individuals, rolling back decades of progress in legal recognition and protections.
A Sweeping Rollback of Transgender Rights
The executive order directs all federal agencies to define sex as “strictly male or female, based on immutable biological characteristics at birth.” This move effectively eliminates legal recognition of transgender, nonbinary, and intersex individuals from federal protections, including access to gender-affirming healthcare, participation in gender-segregated spaces, and legal documentation reflecting gender identity.
Advocates fear this order will lead to increased discrimination in healthcare, education, employment, and legal recognition. Civil rights organizations have already announced plans to challenge the measure in court, calling it unconstitutional and a violation of equal protection under the law.
“After the 2016 presidential election, transgender and gender non-conforming people reported experiencing hate speech and violence. The rhetoric that we’re experiencing now that we’re witnessing now has strong implication, potentially strong implications for violence We already have seen increase in violence against transgender people. Our analysis shown that about five times the rate of violence against transgender people is about five times that of the rate of violence against cisgender heterosexual people and more so against Black and Hispanic LGBT people in general” mentioned Ilan Meyer, Williams Distinguished Senior Scholar of Public Policy at the Williams Institute and Professor Emeritus of Sociomedical Sciences at Columbia University.
A Return to Trump-Era Policies?
Many critics see this order as an extension of policies pursued under the Trump administration, which similarly sought to define gender in binary terms under federal law. However, under President Biden, transgender protections were restored through executive actions and policy reforms. With the latest reversal, the U.S. government is once again limiting protections for LGBTQ+ communities, leaving millions vulnerable to systemic discrimination.
Legal experts warn that this order could impact federal funding for organizations that support transgender individuals, block inclusive educational policies, and embolden state governments to introduce similar restrictions at the local level. The rollback of protections under Title IX, which safeguards against gender-based discrimination in federally funded institutions, is particularly concerning for transgender youth in schools and sports.
Transgender Communities at Risk
For transgender individuals, the order poses immediate risks beyond legal recognition. According to data presented at the Ethnic Media Services briefing, transgender individuals already experience higher rates of poverty, unemployment, and violence. With this order, protections in workplaces, hospitals, and public accommodations could erode further, increasing social and economic vulnerabilities.
“For me this is something that we knew was coming. What they’ve been doing for the last few years, right, in different states the fact that they have introduced hundreds of legislations and over half of the country is something that we were sort of like anticipating. What we were not anticipating was the results of the election and so after that the election happened the results are super unfortunate for all of us, not just transgender or not conforming sex, but for people of color, women, immigrants; everyone who is not white and who is not a man Is essentially being attacked “shared Bambi Salcedo, a prominent and celebrated transgender Latina activist, known all over the world for her passionate and productive social, political, and economic influence.
LGBTQ+ healthcare providers warn that restricting legal gender recognition could lead to the denial of medically necessary services for transgender patients. Health insurance policies that previously covered gender-affirming care may now have grounds to exclude such treatments, pushing many trans individuals into financial and medical hardship.
International Backlash and Human Rights Concerns
The order has drawn criticism from international human rights organizations, with the United Nations and Amnesty International calling it a violation of basic human rights. Several European countries, including Canada and the United Kingdom, have issued statements condemning the U.S. government’s move, urging leaders to reconsider its implications.
“Don’t withdraw, especially right now. The knee-jerk reaction to want to pull back because of a cold and uncaring world may seem like the thing to do but there’s no going back, not if you want to live a happy life, not if you want to feel fulfilled. You have to put yourself out there to the best of your ability. You have to live, because when you do that, when you show the world that you are just another person doing your best and living your life, but you just so happen to be trans or non-binary. They do take note. It helps integrate us into the broader conversation to give us that culture push that we need, so folks understand that this is a human rights issue and not a political issue to be passed around every four years”, mentioned Jordan Willow Evans a freelance editor and policy analyst.
What Comes Next?
The executive order is expected to face significant legal battles, but its immediate impact is already being felt in communities across the country. Activists are organizing protests, and several cities have announced plans to implement local protections to counteract the federal mandate.
Despite the challenges ahead, advocates remain hopeful that legal challenges will overturn the policy. As the legal battle unfolds, millions of transgender and nonbinary Americans remain in limbo, facing uncertainty about their rights and protections under the law. For now, the fight for recognition and equality continues.