Today, January 20, 2025, Donald Trump is set to be sworn in for his second (non-consecutive) presidential term, marking the first time in 130 years that an American president has re-entered the White House after losing reelection. This event follows a momentous and polarizing campaign season, capped by a controversial yet undeniably effective ad: “Kamala is for they/them. President Trump is for you.” That tagline, repeated in swing-state rallies throughout late 2024, quickly became a clarion call for Trump’s supporters and a painful flashpoint for many transgender individuals and their allies.
Now, on his first day back in office, Trump plans to sign an expansive executive order that he and his team have titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” Although the incoming administration insists it is “fulfilling the promises” the president made on the campaign trail, many transgender Americans and their families fear it will roll back protections set up under the Biden administration and dismantle policies that recognized a broader spectrum of gender identities.
A Sweeping Executive Order
The executive order, according to senior officials poised to join the Trump administration, aims to reset federal policy to what they describe as “biological truth.” It does so in several ways:
- Reestablishing a Definition of Male and Female: The order declares that federal agencies must adopt policies and guidance that define male and female by “biological reality,” removing what it calls “radical gender ideology” from the federal government’s lexicon. This includes eliminating the use of “gender identity” in sex discrimination enforcement and discontinuing any forms or guidelines that “pretend men can be women and women can be men,” in the words of one official.
- Changes to Identification Documents: In a dramatic reversal of Biden-era policy, U.S. passports—which under Biden could display “X” or be changed without requiring documentation of medical transition—will revert to “male” or “female” only, with the requirement that gender markers “reflect biological reality and not self-assessed gender identity.”
- Restrictions in Prisons and Other Facilities: Federal prisons will no longer house trans women (i.e., individuals assigned male at birth who identify as female) in women’s facilities, a direct departure from prior Department of Justice guidance. The order also ends taxpayer funding for transitions for incarcerated individuals. Transgender advocates argue this move will endanger trans inmates, exposing them to harassment and physical violence.
- Pronoun Policies and Free Speech: The executive order specifically bans the “forced recitation of preferred pronouns,” framing it as a First Amendment matter. It directs the attorney general to enforce free speech rights within publicly funded institutions, including universities and K-12 schools. Critics worry this will embolden instances of misgendering, stoke hostility toward transgender students, and make it more difficult for educators to foster inclusive classrooms.
A Reversal of Biden’s Approach
In many ways, Trump’s new directives are the mirror image of President Joe Biden’s earliest actions upon taking office in 2021. Biden had demanded a sweeping federal review to ensure transgender individuals’ rights were respected in all agencies and funded entities. Over four years, that approach trickled into passports, Title IX guidance, and even the language used across agencies like the Department of Education and the Department of Health and Human Services.
Many transgender Americans viewed the Biden years as a time of recognition and validation by their government. From updated identification documents to Title IX guidance that explicitly recognized gender identity, these policies helped some people secure safer environments at school, work, and in their daily lives. While not perfect, and at times met with legal resistance in certain states, the Biden administration’s stance often served as a federal backstop for trans rights in more hostile local jurisdictions.
Now, Trump’s order aims to sweep away these existing standards, citing in the text itself: “If federal policies promote such an obvious falsehood that men can become women, the government will forfeit all credibility. The government must maintain a commitment to recognizing biological reality to maintain the trust of the American people.”
This blunt language hits home for many transgender Americans, who have long advocated that their identities are not “falsehoods” but legitimate expressions of self. Communities that found acceptance under the Biden administration worry the new federal stance will embolden state-level lawmakers to increase restrictions on transgender healthcare and daily life.
Immediate Consequences and Legal Battles
Because this executive order extends across multiple agencies, its implications will likely be felt quickly:
- Passports and Other Official Documents: By reverting all documentation to “male” or “female,” individuals who changed their documents under Biden’s policies may find themselves in a legal gray area regarding those changes. This sudden shift could create chaos for international travelers, those applying for jobs requiring federal background checks, or even for families needing to update documents for their children.
- Public Universities and Schools: Forced or voluntary pronoun use has been a major point of contention on campuses. The executive order now bans what it describes as “forced recitation” of pronouns. Given that public universities fall under federal guidelines, administrators may be compelled to revise existing policies or risk losing federal funding. Lawsuits are almost certain to follow, with advocacy groups ready to argue that forcibly preventing respect for one’s pronouns could itself be a violation of constitutional freedoms.
- Incarcerated Trans Individuals: Perhaps the most visceral concern is for trans inmates—especially trans women—who will be housed in men’s facilities. Advocates warn this endangers people who are already vulnerable, heightening risks of assault and mental health crises. Although the administration insists that “female-only prisons are a matter of women’s safety,” many fear that trans prisoners’ safety has been overlooked.
Legal observers predict challenges to the new directives will stack up quickly. From prisoner rights organizations to LGBT legal advocacy groups, several are already drafting cases to test whether the federal government’s new definitions violate the Equal Protection Clause or previous Supreme Court precedents. Yet Trump officials, buoyed by the Supreme Court’s current conservative composition, express confidence they will “be 100 percent successful,” citing public support and polling data as evidence they are “on the winning side of history.”
Concerns for Health Care and Minors
Notably absent from this executive order is any mention of gender-affirming care for minors. During the 2024 campaign, then-candidate Trump repeatedly vowed to “get transgender insanity the hell out of our schools,” and seniors in his new administration have hinted that more executive actions are coming soon. Many transgender families have watched states enact restrictions or outright bans on hormone therapy and puberty blockers for adolescents. Some, anticipating a broader federal crackdown, have made the difficult choice to uproot and move to states with stronger protections.
While many states have parted ways on this issue, with some upholding bans and others expanding coverage, the patchwork system left the Biden administration to weigh federal court challenges. The Trump White House, in turn, seems prepared to fight at the federal level to limit what they call “gender-distressed young people on a swift course to transition,” even as major medical associations defend these treatments. The new executive order, officials say, is simply “the first of many.”
Moving Indoors: The 2025 Inauguration
Today’s inauguration takes place in the U.S. Capitol Rotunda instead of outside on the National Mall. The last time an inauguration moved indoors was in 1985, for President Ronald Reagan, because of severe cold weather—a situation repeated today in Washington, D.C. Trump’s supporters gather despite the chill, celebrating his sweeping victory in November 2024, when he carried all seven battleground states and even won the national popular vote.
However, for many in the transgender community, the mood is far from celebratory. The memories of January 6, 2021, when a mob attacked the Capitol, still loom large for those who fear intimidation and political violence. Trans individuals, their families, and allies across the nation watch with apprehension, bracing for a wave of policy shifts that could affect everything from driver’s licenses to pronoun guidelines in schools.
Advocates and Allies Respond
Transgender advocacy organizations are quickly strategizing, vowing to challenge parts of the new executive order. Some groups are preparing “know your rights” materials to inform trans and nonbinary individuals about how to navigate identity document changes. Others plan to litigate on behalf of trans students, employees, and inmates they believe are unjustly stripped of protections.
The conversation extends beyond the White House and Capitol Hill. State legislatures, activist networks, and local communities may each interpret or enforce the new federal directions differently. Even businesses and employers will need to adapt their workplace policies to ensure compliance—though many have voluntarily maintained trans-inclusive policies. As with so many major shifts in federal regulations, confusion and patchwork enforcement will inevitably arise, setting the stage for protracted legal battles.
Though the new administration insists that the public supports a strict, biology-based definition of sex, polling on trans issues is often more nuanced, especially among younger generations who grew up in more inclusive environments. For transgender people and their allies, support networks—both online and in person—will remain crucial, as they grapple with the psychological toll that this policy reversal may impose.
The Bottom Line
With the oath of office administered indoors, Donald Trump’s second presidency begins on a note of division and looming court challenges. For the transgender community, today’s inauguration feels more like a political and personal turning point than a ceremonial milestone. As one chapter of advocacy closes, another opens, with the promise of fierce legal battles ahead.
Whether these changes result in federal courts siding definitively with Trump’s “biological reality” stance—or if advocacy groups manage to preserve and expand the Biden-era gains—remains unknown. One certainty is that the national conversation about gender identity, civil rights, and the meaning of equality will only intensify in the months to come.
For transgender Americans, their families, and allies, the path forward will likely be fraught, requiring resilience, community support, and constant vigilance. Yet there is also a shared resolve. Many activists and individuals vow not just to contest the administration’s actions, but to continue educating their neighbors and colleagues, fostering empathy and solidarity that might endure long after any single executive order. Even on a day of profound uncertainty, that sense of shared humanity remains a source of hope.
