Understanding Executive Orders
What they are and how they impact gender issues
As we approach President-elect Donald Trump's inauguration on January 20, 2025, it's crucial to understand how executive orders (EOs) work and what actions we might see on gender-related issues. Executive orders are a potent tool, yet they are temporary and often face legal challenges. Here’s what you need to know and how it relates to the Courage Coalition’s mission.
What Is an Executive Order?
An executive order is a directive from the President to federal agencies, instructing them on how to enforce existing laws. It allows the President to act swiftly without waiting for Congress to pass new legislation. However, executive orders have their limitations:
Temporary Nature: They can be reversed by the next president.
Legal Challenges: Courts can block them if they exceed presidential authority.
No Replacement for Laws: Only Congress can pass laws that create lasting change.
Why Executive Orders Matter on Gender Issues
Trump has signaled plans to issue executive orders addressing gender-related concerns. While these orders won’t be permanent, they can significantly shape federal policies and convey the administration’s priorities. Some of the anticipated actions include:
Restricting Gender-Affirming Care for Minors: Trump has vowed to prohibit medical procedures and treatments related to gender transition for those under 18, describing such practices as harmful.
Defining Gender by Biological Reality: An EO may establish a federal definition of gender based on biological sex at birth, officially recognizing only two genders.
Protecting Women’s Sports: Trump could direct federal agencies to enforce Title IX protections for women’s sports based on biological sex.
Restricting Transgender Participation in the Military: A return to policies barring transgender individuals from serving in the armed forces.
Challenges These Orders May Face
While executive orders can enact immediate changes, they're not without obstacles:
Reversal by Future Presidents: A future Democratic president could undo these orders with the stroke of a pen.
Court Challenges: Organizations like the ACLU and activist groups are likely to initiate legal action, which could delay or overturn the orders.
Legislative Gaps: Without complementary laws from Congress or state governments, these changes may not last.
This is why supporting legislative efforts like the Save Women's Sports Act and other bills designed to create lasting protections is critical.
What Can You Do?
Courage Coalition members play an essential role in ensuring these temporary actions become lasting solutions. Here’s how you can contribute:
Support State and Federal Legislation: Advocate for laws that protect biological reality, children, and women's rights.
Stay Informed and Mobilized: Be prepared to respond to media narratives and public debates about these executive orders.
Educate Others: Share this guide and encourage others to learn about the importance and limits of executive orders.
The Road Ahead
These executive orders will likely provoke fierce debates, lawsuits, and extensive media coverage. While they represent a step in the right direction, lasting change requires collective action and robust laws at every level of government. The Courage Coalition is committed to advocating for policies that protect children and uphold truth.
Great primer.
I wonder about the language in this paragraph though (and yes, I realize it may not come from you, but from the Republican/Trump platform):
“Defining Gender by Biological Reality: An EO may establish a federal definition of gender based on biological sex at birth, officially recognizing only two genders.”
This continues to conflate “sex” (a well defined, biological phenomenon) and “gender” (an ill-defined term at best). I feel like we would all be better served by just saying “sex” when that’s what we mean (identification of someone as male or female). Leave “gender” to the linguists and (maybe) the sociologists, psychologists, and philosophers.
And while the phrase “biological sex at birth” is better than “sex [or gender] assigned at birth,” it still (incorrectly) implies that (a) there is some meaningful definition of “sex” that is NOT biological, and (b) sex can change after birth. In humans (and all other mammals), sex cannot and does not change over an individual’s lifetime. Also, sex can, on rare occasions, be misidentified at birth. So, for example, just because boxer Imane Khelif was identified as a girl when born, apparently because of a developmental disorder leading to underdeveloped genitalia, this doesn’t mean that he actually is female.
Executive Orders may help limit some hospitals and schools from harming children, and may prevent some men from being put in women's prisons or sports, and that's great. However, you are right that this is both incomplete and temporary.
The only way to make real change is to change hearts and minds. The public has to be educated on where things have gone wrong, and realize that children, teens and vulnerable adults have suffered gaslighting and physical harm, and women's rights have been violated. They have to realize that "gender ideology" is a social and medical scandal.
Executive Orders may change some behaviors, but will do nothing to change opinions.