GSBA is committed to advancing LGBTQ+ economic and educational equity in Washington State, and the Executive Order on Gender Diversity signed by President Trump only strengthens our resolve. On Monday, January 20th, President Donald Trump signed an executive order signaling his administration’s opposition to gender diversity and the transgender community. In a list of priorities published to the official White House website, the presidents wish is to “establish male and female as biological reality and protect women from radical gender ideology.”
GSBA is appalled at the Trump administration’s immediate actions against the trans and gender-diverse community. We are proud that Washington State continues stand by its LGBTQ+ community. However, more needs to be done. GSBA’s policy team is hot on the trail of all federal and state level actions that impact our community.
What does this mean for transgender protections in Washington? Let’s dive in.
Name & Gender Recognition
How will your passport, name change, and social security identification be affected? The executive order directs federal agencies to revoke policies issued under the Biden administration that made it easier for trans people to update their gender markers on federal identification. This means that rights will not be taken away immediately – instead, federal departments are tasked with identifying relevant provisions and then going through the process of rescinding them – something that can take months and is subject to legal scrutiny and challenges. Many departments will then be required to conduct lengthy public outreach and feedback gathering processes to implement any new rules.
In short – no policies have been changed yet. This is the first step to a long, lengthy process that will be challenged by advocates, including GSBA, at every step.
The Trump Administration will likely attempt to eliminate the option to have a “X” gender marker issued on a passport. The right to an “X” marker was issued as the culmination of a six-year legal battle between an intersex, nonbinary Navy veteran and the US State Department. It was ordered that the agency reconsider its prior refusals to issue the veteran, Dana Zzyym, an accurate passport – noting that forcing intersex people to pick a male or female gender marker creates inaccurate data. It is unclear if the Trump administration can prevail in arguing any legal basis for its executive order.
Anti-Discrimination Protections
Trump is also directing federal agencies to exclude transgender people when enforcing laws that protect against sex discrimination. However, this does not mean that trans people are left unprotected. Federal judges across the country have found that discrimination against trans people is a form of sex discrimination, citing Bostock v. Clayton County, the Supreme Court case that found LGBTQ+ people are protected against workplace discrimination.
Considering Trump’s directive goes against law established by the Trump-era Supreme Court, the administration will run into significant legal trouble as it works to implement these rules.
Prison
The order also calls for transgender women to be housed with men in federal prisons and for an end to any gender-affirming care being provided to trans people incarcerated in federal prisons. The federal government has long denied transition-related surgeries to detainees, including under the Biden administration. While Trump campaigned on ending access to hormone replacement therapy for trans inmates, US prisons continued to offer gender-affirming care during his first term.
Trump’s proposed policies directly conflict with the Prison Rape Elimination Act (PREA) which Congress passed unanimously in 2009. This legislation is more powerful than Trump’s executive order. It provides transgender people who are incarcerated a say in where they are housed if their safety is threatened, and applies to all prisons, jails and detention centers. Unfortunately, it has historically been ignored.
In 2018, the Trump administration rescinded President Barack Obama’s Transgender Prison Manual, which aimed to enforce PREA in federal prisons. President Joe Biden reinstated the guidance in 2022. Trump’s executive order will likely attempt to once again rescind the manual.
GSBA is here to support you. We are committed to advocating for our community and will continue to provide resources such as self-defense courses, technical assistance, guidance on changing your name, and much more. Stay tuned for updates on how we’re working to help you stay safe and empowered. At the same time, while we work behind the scenes to strengthen LGBTQ+ businesses in Washington, we need your help. We urge you to organize locally, run for public office, and stand together, so we can build a strong community from the ground up.
In solidarity,
Gabriel Neuman, JD,
GSBA Policy Counsel & Government Relations Manager
