President Trump’s Gender Policy: Implications for LGBTQIA+ Community in the US

President Donald Trump’s recent executive order recognizing only two sexes—male and female—has sparked significant concern and confusion within the LGBTQIA+ community in the United States. This policy does not just affect legal definitions but also has broad implications for healthcare, documentation, and safety.

Recent Executive Orders and Their Impact

Shortly after taking office, Trump signed an executive order recognizing only male and female sexes and stating that these cannot be changed. This move follows the revocation of orders from the Biden administration aimed at preventing discrimination based on gender identity and sexual orientation.

Recent developments include another executive order that ends federal funding for gender-affirming care for children under 19 across the US. The widespread consequences of these policies are still unfolding, with many in the community expressing worry about daily life.

What is the Executive Order on Gender?

The new executive order declares there are only two sexes: male and female, defined based on reproductive cells present at conception. It rejects the idea that people can transition genders or identify as anything other than male or female.

This definition conflicts with the scientific consensus supported by the American Medical Association, which views sex and gender as a spectrum. The order also states its aim to protect women’s spaces from those who “self-identify” as women, raising further concerns.

Will the Order Be Implemented?

While the order is signed, its implementation requires more federal action. It mandates White House staff to draft a bill for Congress within 30 days, proposing these definitions into law. Federal agencies must report their compliance to the president within 120 days.

Lambda Legal lawyer Omar Gonzalez-Pagan notes that while the order does not change current law, it sets a clear direction for this administration’s stance on transgender individuals. Importantly, state laws related to sports participation, restroom use, and gender-affirming care remain unaffected.

How Could This Impact Documentation?

Currently, US residents can choose ‘X’ as their gender on passports since 2021. However, the executive order suggests removing the ‘X’ option, requiring the document to reflect either male or female.

The State Department, responsible for issuing passports, has declined to comment on policy changes. However, a webpage offering guidance on changing gender markers on passports was taken offline.

According to the American Civil Liberties Union (ACLU) lawyer Chase Strangio, it’s unlikely new applications requesting a gender marker change on passports will be approved. The White House suggests currently valid passports will remain valid but insists compliance with the new policy when renewing.

How Are People in the US Feeling?

Transgender and non-binary individuals in the US are experiencing significant emotional and practical concerns. Alexander Tries, a non-binary transgender person, feels unsafe in their environment due to growing emboldened hostility.

Tries expresses feelings of lack of legal protection despite being visibly trans. He recounts encountering threats and fears his safety might be threatened further due to the executive orders.

Sarah Kate Smigiel, who identifies as non-binary and queer, shares similar concerns. While not surprised by the move, she expresses worry about potential repercussions for her documentation, particularly around her gender marker on her license.

Both describe a growing sense of isolation and uncertainty about the future, highlighting the broader systemic impacts of these policies.

What Could This Mean for People Traveling to the US?

International travelers, including from countries like Canada, are also experiencing changes. Gemma Hickey, a Canadian transgender advocate, faced complications while traveling to Seattle. Upon arrival, her passport did not scan, raising concerns about how her identity might be perceived.

Hickey emphasizes the urgency for a travel advisory and better communication between governments and embassies to support gender-neutral travelers. The rapid implementation of these policies is creating significant challenges.

Visibility is Incredibly Important

Alexander Tries underscores that visibility is critical for the LGBTQIA+ community. Despite the challenges, he believes in maintaining presence and visibility as a key form of resistance and leadership.

Sarah Kate Smigiel agrees, advocating for staying present online and in public spaces. She recognizes the importance of leading by example, despite personal fears, to protect and support community members.

As these policies unfold, the LGBTQIA+ community faces significant challenges, but also finds ways to adapt and advocate for their rights.