Erasing Gender Diversity: A Human Rights and Social Work Perspective on Trump’s Executive Order
By Karun Karki and Hannah Kia
The U.S. Supreme Court has affirmed that LGBTQ+ individuals are protected under federal civil rights laws, specifically Title VII of the Civil Rights Act of 1964. In Bostock v. Clayton County (2020), the court ruled that discrimination based on sexual orientation or gender identity (SOGI) constitutes sex discrimination, which is prohibited by Title VII (U.S. Equal Employment Opportunity Commission, n.d.). The Equality Act is a law that would extend federal civil rights protections to LGBTQ+ individuals, safeguarding them from discrimination in employment, housing, credit, jury service, federally funded programs (e.g., health and education), and public spaces (Equality Act, 2021). According to the Center for American Progress (2021), faith leaders in the United States have expressed their support for laws protecting LGBTQ+ people from discrimination, with more than 100 faith groups endorsing the Equality Act.
Despite legislative progress in recent years, Donald Trump’s statement during his inaugural address on January 20, 2025 – “As of today, it will henceforth be the official policy of the United States government that there are only two genders, male and female” – raises profound concerns about the recognition of fundamental human rights for 2SLGBTQ+ individuals and compromises the dignity of those affected by such policies. His statement dismisses the complexity of gender identity, undermining the personal autonomy and dignity of individuals who do not fit within the “male/female” binary. By endorsing a binary conception of sex – and conflating it with gender – as official state policy, Trump’s executive order signals a potential regression in the rights and recognition afforded to non-binary, transgender, and gender-diverse people. The imposition of restrictive gender policies exacerbates mental health challenges and fosters social exclusion among marginalized communities. The Trump administration’s recent rollback of Title IX protections for transgender students has also intensified vulnerabilities within this already marginalized group. These pronouncements, indeed, represent a significant step backward in the protection of 2SLGBTQ+ rights and the broader struggle for equality.
The divisive nature of Trump’s statements deepens existing political and cultural rifts, further complicating efforts to foster more inclusive and cohesive communities. Additionally, they present significant challenges for states that have embraced more progressive, inclusive approaches to gender and human rights protections. These measures risk entrenching societal divisions, undermining the principles of inclusion and respect for diversity. Such policies infringe upon freedoms and diminish the vibrancy of a society that prides itself on pluralism. This essay seeks to critically examine the ramifications of recent rollbacks on human rights protections in shaping policies that impact the lives of 2SLGBTQ+ people in the United States and beyond. This analysis will explore the broader implications for social workers, highlighting the importance of national and global efforts to protect the rights and dignity of all individuals, regardless of gender identity.
Weaponizing Federal Law
Trump’s executive order on gender and its enforcement mechanisms represent a clear example of “weaponizing federal law” to marginalize 2SLGBTQ+ individuals. He has consistently threatened to withhold federal funding from states and/or organizations that resist adopting the binary gender framework, using financial power as a tool to coerce conformity and punish resistance. Such punitive measures create a disturbing effect, discouraging states and institutions from adopting or maintaining inclusive policies. His approach institutionalizes discrimination and disproportionately harms already vulnerable groups, particularly transgender individuals, especially those who are Black, Indigenous, or people of colour (BIPOC), who face compounded levels of discrimination and violence. A federally mandated binary gender framework exacerbates these vulnerabilities, making it more difficult for them to seek justice or access critical resources. Trump’s statement emboldens discriminatory practices and sends a clear message that LGBTQ+ individuals are less deserving of legal protection and societal acceptance.
State Policies and Federal Overreach
Trump’s executive order raises critical questions about federalism and the autonomy of states to implement inclusive practices within the United States. States such as California, Colorado, and New York have led the way in recognizing nonbinary identities, allowing individuals to mark “X” on their driver’s licenses and other identification documents. These policies reflect a broader commitment to inclusivity and recognition of diverse gender identities. The Trump administration risks invalidating state-level progress by mandating a binary framework at the federal level and creating legal and bureaucratic conflicts. For instance, individuals with nonbinary identification documents issued by their states could face challenges when interacting with federal agencies, leading to discrepancies in records, including on passports and potential denial of services. This federal overreach undermines the principles of state sovereignty and disrupts the lives of individuals who rely on these inclusive state policies. This policy not only violates the rights of 2SLGBTQ+ people within the United States but also signals a broader rejection of the international consensus on human rights for gender diversity.
Violation of Human Rights
The recognition of diverse gender identities is a fundamental aspect of respecting human rights. The Universal Declaration of Human Rights (UDHR) affirms the right of individuals to freely express themselves and to be recognized and respected as they identify. It asserts that all individuals are entitled to rights and freedoms without discrimination (Article 2) and have the right to recognition before the law (Article 6). These principles affirm the right to self-determination and freedom from discrimination based on gender identity. By restricting gender recognition to a binary framework, Trump’s statement disregards the lived realities of transgender, non-binary, and gender non-conforming people who have long fought for the recognition of their gender identities beyond the binary framework. Trump’s declaration denies their right to self-identify, a core aspect of personal autonomy and dignity. The United States, as a member of the United Nations, is bound by international human rights agreements such as the International Covenant on Civil and Political Rights (ICCPR), which guarantees protection against discrimination based on gender. This policy puts 2SLGBTQ+ people at risk of discrimination both domestically and globally.
Impact on Human Dignity
Human dignity is rooted in acknowledging and respecting identity. Trump’s executive order undermines this principle by delegitimizing the identities of millions of Americans. Gender is a deeply personal and multifaceted aspect of identity, encompassing biological, social, and cultural dimensions. Reducing it to a rigid binary – and incorrectly conflating it with the sex assigned at birth – denies the complexity of human experience and imposes an arbitrary standard that excludes countless individuals. The psychological impacts of such exclusion cannot be overstated. Recognition and affirmation of gender identity are crucial for mental health and well-being. Policies that invalidate these identities contribute to higher rates of depression, anxiety, and suicidal ideation among LGBTQ+ populations. By prioritizing a narrow interpretation of gender over the lived realities of individuals, Trump’s declaration not only violates human dignity but also perpetuates harm.
Ethical Violations in Social Work
Trump’s declaration to recognize only two “genders” represents a significant setback for LGBTQ+ rights, posing profound challenges for social workers committed to social justice and human dignity. The National Association of Social Workers (NASW) Code of Ethics emphasizes the profession’s commitment to the dignity and worth of every person and the importance of cultural competence and social justice. Social workers are ethically obligated to advocate for policies that promote inclusion and equity. The Trump administration undermines these ethical principles and places social workers in challenging positions. The policy ignores the lived experiences of 2SLGBTQ+ individuals, dismissing their identities as invalid or irrelevant. This lack of recognition perpetuates stigma and creates barriers to effective social work practice. Social workers often rely on inclusive policies to advocate for clients and ensure their access to resources.
A federal mandate that erases nonbinary and transgender identities contradicts the core values of the profession, forcing social workers to navigate a system that actively discriminates against the populations they serve. Social work, as a profession rooted in principles of social justice, human rights, and the inherent dignity of every individual, plays a critical role in addressing and mitigating the impact of policies that marginalize vulnerable populations. Social workers are tasked with upholding the rights of marginalized groups, advocating for equitable policies, and fostering inclusive environments. In this context, social workers must advocate for inclusive policies, provide critical support to affected individuals, and address the broader implications for human rights and social justice. Below are some of the key actions social workers must take at macro and micro levels to respond to these challenges by leveraging their ethical framework and professional expertise.
Advocacy and Policy Engagement
- Advancing Intersectionality: Recognizing the intersecting identities and experiences of 2S/LGBTQ+ individuals is essential to addressing their unique challenges. Social workers must advocate for policies that consider the diverse needs of marginalized communities.
- Engaging in Coalition Building: Collaborating with civil rights organizations, LGBTQ+ advocacy groups, and community leaders can amplify efforts to resist discriminatory policies and promote inclusivity.
- Promoting Public Awareness: Social workers can use their platforms to educate the public about the harmful effects of restrictive gender policies, fostering greater understanding and support for LGBTQ+ rights. This commitment to public awareness includes sharing knowledge and expertise that directly challenges dis- and misinformation on a variety of issues directly affecting 2S/LGBTQ+ people, including in the area of gender-affirming care.
- Advocating for International Standards: Aligning domestic policies with international human rights standards can provide a framework for protecting the rights and dignity of LGBTQ+ individuals.
Direct Practice and Client Support
- Addressing Trauma: Policies that invalidate the identities of LGBTQ+ individuals can lead to significant psychological distress. Social workers should be equipped to address trauma, promote resilience, and empower individuals to navigate systemic challenges.
- Affirming Identity: Social workers must create safe and affirming spaces for clients to express their identities without fear of judgment or discrimination.
- Providing Resources: Linking individuals to LGBTQ+-affirming healthcare providers, mental health services, and community organizations is essential to mitigating the harm caused by federal policies.
- Empowering Communities: Social workers can organize and mobilize communities to resist discriminatory policies through collective action, fostering a sense of solidarity and empowerment.
Conclusion
Trump’s executive order to recognize only two genders represents a profound step backward in the fight for LGBTQ+ rights and equality. His declaration violates fundamental human rights, disregards the ethical principles of social work, and undermines the dignity of millions of Americans and others worldwide. Furthermore, it poses significant challenges for state policies and erases hard-won freedoms by rolling back protections, mandating discrimination, and weaponizing federal law against transgender and nonbinary individuals. To address these harms, advocates, policymakers, and social workers must come together to protect the rights and dignity of 2SLGBTQ+ individuals. This involves fighting discriminatory policies in the courts, supporting inclusive laws at the state level, and cultivating a culture of acceptance and understanding. Unified action is the only way to ensure that the values of equity, equality, justice, and inclusivity prevail against these regressive measures.
The authors are Associate Professors of Social Work at the University of British Columbia, Vancouver Campus.
References
- Bostock v. Clayton County, 590 U.S. Supreme Court of the United States. Available at https://www.supremecourt.gov
- Center for American Progress, “RELEASE: Faith Leaders Speak Out in Support of the Equality Act,” Press release, February 24, 2021. Available at https://americanprogress.org
- Equality Act, H.R. 5, 117th Congress., 1st sess. (March 2, 2021). Available at https://www.congress.gov
- U.S. Equal Employment Opportunity Commission (nd). Title VII of the Civil Rights Act of 1964: Unlawful Employment Practices: Sec. 2000e-2(a)(1). Available at https://www.eeoc.gov
