Day One Targets of the Trump Administration: LGBTQ+ Rights (Executive Orders)

The incoming President has repeatedly asserted that he will be doing a whole lot of things on “Day One”. It is easy to be overwhelmed at the prospect of the cascade of…well…nonsense that will be coming, beginning on January 20.

Concretely understanding what is likely to happen helps us all prepare and support each other better.

There are several Executive Orders that might be repealed early in Trump’s administration. It’s safe to assume that Biden’s EO’s, in particular, will be targeted.

Honestly, there isn’t much we can do to procedurally stop all of this, but we can prepare. And, well, raising political hell never hurts, so keep that in mind.

• EO 13087: Prohibiting Discrimination Based on Sexual Orientation (1998)

  • Prohibited discrimination based on sexual orientation in the federal civilian workforce.

• EO 13672: Prohibiting Discrimination Based on Sexual Orientation and Gender Identity (2014)

  • Extended protections on hiring in the civilian federal workforce (to include gender identity) and federal contractors (to include sexual orientation and gender identity).

• EO 13988: Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (2021)

  • Directed all federal agencies to bring their policies and non-discrimination protections in line with the decision in Bostock v. Clayton County by extending protection to the categories of ‘sexual orientation’ and ‘gender identity’.

• EO 14004: Enabling All Qualified Americans to Serve Their Country in Uniform (2021)

  • Removed the ban on transgender service members in the Armed Forces.

• EO 14021: Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity (2021)

  • Extended protections to students on the basis of their sexual orientation or gender identity in any education program or activity which receives federal funding.

• EO 14035: Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce (2021)

  • Ensured support structures for federal LGBTQ+ employees, including coverage of comprehensive gender-affirming care through Federal health insurance, as well as expansive provisions to honor gender identity in federal workforce identification credentials.

• EO 14075: Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Individuals (2022)

  • Wide-ranging statement of support for the LGBTQI+ community to be effectuated through actions of HHS, the Department of Education, and other components. Established initiative to reduce the risk of youth exposure to ‘conversion therapy’.

There are other memoranda and regulations worth flagging as possible early targets, as well. I’ll take those up in a subsequent post.

I came out in 1995, before any of these protections were in place. Even with the wave that is coming—we can survive, and thrive, and hold on to the hope of a better tomorrow—while acknowledging that our right now is really, really hard.

Build Community. Be strategic. We’re all in this together.