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CT Insider – Friday, January 24, 2025
By Katy Golvala
As President Donald Trump continues to set the tone for his through executive orders, LGBTQ+ advocates across the state are bracing for a fight in court to overturn a policy that rolls back several legal protections for the transgender communities by recognizing “male” and “female” as the only sexes under the U.S. government.
The administrative order, which can be implemented without congressional approval, states that it aims to protect women from “gender extremism” by enshrining “biological reality;” however, advocates and experts say that the reality around gender and sexes is more complicated than the binary permits and will cause more harm to an already marginalized community.
The federal order directly contradicts state law on protections for the LGBTQ+ community. What exactly will come next in Connecticut is unclear, whether Trump’s administration issues a challenge to states with such protections or attempts to withhold funding. State legislators said that they refuse to turn back progress and aim to continue advancing the rights of all.
“These federal actions are a painful reminder of the work still needed so we can all achieve liberty and justice for all, but this does not define us. Hate and fear will not win,” Said co-chairs of the state’s LGBTQ+ Caucus, state Rep. Dominique Johnson, D-Norwalk, and Raghib Allie-Brennan, D-Bethel, in a joint statement. “While the federal government might fail to uphold equality and inclusivity, Connecticut will remain a beacon of hope and justice.”
The executive order, called “Defending women from gender ideology extremism and restoring biological truth to the federal government,” defines the words “sex,” “male and female,” “gender identity,” and “gender ideology” within a strict and “unchangeable” binary.
It further goes on to define “female” to mean a person born with the “large reproductive cell,” while “males” are people born with the “small reproductive cell.” In the order, the term “sex” refers to the biological classification and isn’t synonymous with “gender identity,” which is described as a “subjective sense of self, disconnected from biological reality and sex.”
With these definition in mind, Trump’s executive order aims to address several different objectives, including but not limited to:
Changing federal laws that protect sex against discrimination so they follow the definitions of the sexes set forth by Trump’s executive order.
Federal agencies and personnel also have to use the term “sex” instead of “gender” and would only offer two sex options on policies and documents.
Having government-issued documents like passports reflect the holder’s sex as defined by the order. Educational guides posted by federal agencies that are “inconsistent” with the order will also be taken down.
Several executive orders and expansions relating to LGBTQ+ protections signed by former President Joe Biden will be revoked, like a policy that prevents sex, sexual orientation and gender identity discrimination in schools. Federal agencies would also not be allowed to offer federal grant funds to opportunities that promote “gender ideology.”
Designating “intimate spaces,” like in federal prisons, immigration detention centers and rape shelters, by sex and not gender identity and revise policy to prevent federal funds from being used to cover gender-affirming care in federal prisons.
Despite the restrictive binary narrative Trump is presenting, many LGBTQ+ advocates and experts – like the American Medical Association – said the biological reality of sex and gender is far more complex and fluid. As a result, these types of restrictions do more harm than good by jeopardizing health and well-being, as found by a 2024 study in the Yale Law Journal.
Rep. Johnson and Allie-Brennan said the executive order’s policies ultimately prioritize bigotry under the disguise of “truth” instead of putting attention towards addressing economic instability, health care costs and housing challenges, describing the action as a form of “cruelty” targeting already vulnerable communities.
The emotional and material fallout on the trans and non-binary community will be significant if the executive order is fully enacted, said Juancarlos Soto of New Haven Pride Center, a local LGBTQ+ non-profit offering social support services, like free ID name and gender marker change clinics.
Soto said the orders are hateful and will deepen existing challenges the community already faces, like rising mental health struggles and housing stability.
Although it may take a while to implement, Soto said executive orders like this one could create confusion and fear. It may embolden discrimination from individuals or organizations who feel empowered by the executive order, testing state laws’ limits.
For example, Connecticut has recognized an “X” as a valid gender marker on state-issued IDs since 2022. Soto said it could lead to complications when using a state ID with an “X” for federal purposes with the executive order in place, but it’s still not clear.
“What we do know is that individuals will be forced to navigate a confusing and potentially discriminator system which will put heavy mental burdens on individuals who are already vulnerable,” he said in an email interview.
Legal director at the American Civil Liberties Union of Connecticut, Dan Barrett, said the goal of the executive order is to divide people and impose a framework that doesn’t include everyone.
“For myriad reasons, the government should never be in the business of deciding what gender a person is, nor should the government tell people that they don’t exist. The government cannot tell you or that you do not know their own selves,” he said in a statement, adding that the ACLU will work to address gender injustices in courts.
Connecticut Attorney General William Tong said there’s little value in reacting to the president’s “hate-mongering and statements.” Instead, he said he will work to support and uphold the state’s legislative protections for the community.
“State and federal law protects people from discrimination, and it is the policy and the law of the State of Connecticut to protect people from discrimination based on gender identity and expression,” Tong said in an email statement to CT Insider. “I’m going to do my job and support and uphold that law.”
Meanwhile, Gov. Ned Lamont also offered a more hopeful message to members of the LGBTQ+ community nationwide, saying that all were welcomed in Connecticut.
“We love you and we’ve got your back. We’ll see what laws are promulgated that impact that community, but when it comes to civil rights laws and protecting all of our citizens, including the LGBTQ community, that’s what Connecticut is all about,” Lamont said.