Gender Ideology

BY the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Policy. Every person should be treated with respect and dignity and should be able to live without fear, no matter who they are or whom they love.

Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports.

Adults should be able to earn a living and pursue a vocation knowing that they will not be fired, demoted, or mistreated because of whom they go home to or because how they dress does not conform to sex-based stereotypes.

People should be able to access healthcare and secure a roof over their heads without being subjected to sex discrimination. All persons should receive equal treatment under the law, no matter their gender identity or sexual orientation.

These principles are reflected in the Constitution, which promises equal protection of the laws. These principles are also enshrined in our Nation’s anti-discrimination laws, among them Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e et seq.). In Bostock v. Clayton County, 590 U.S. ___ (2020), the Supreme Court held that Title VII’s prohibition on discrimination “because of . . . sex” covers discrimination on the basis of gender identity and sexual orientation. Under Bostock’s reasoning, laws that prohibit sex discrimination — including Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 et seq.), the Fair Housing Act, as amended (42 U.S.C. 3601 et seq.), and section 412 of the Immigration and Nationality Act, as amended (8 U.S.C. 1522), along with their respective implementing regulations — prohibit discrimination on the basis of gender identity or sexual orientation, so long as the laws do not contain sufficient indications to the contrary.

Discrimination on the basis of gender identity or sexual orientation manifests differently for different individuals, and it often overlaps with other forms of prohibited discrimination, including discrimination on the basis of race or disability. For example, transgender Black Americans face unconscionably high levels of workplace discrimination, homelessness, and violence, including fatal violence.

It is the policy of my Administration to prevent and combat discrimination on the basis of

gender identity or sexual orientation

and to fully enforce Title VII and other laws that prohibit discrimination on the basis of gender identity or sexual orientation.

It is also the policy of my Administration to address overlapping forms of discrimination.

Sec. 2. Enforcing Prohibitions on Sex Discrimination on the Basis of Gender Identity or Sexual Orientation.

(a) The head of each agency shall, as soon as practicable and in consultation with the Attorney General, as appropriate, review all existing orders, regulations, guidance documents, policies, programs, or other agency actions (“agency actions”) that:

(i) were promulgated or are administered by the agency under Title VII or any other statute or regulation that prohibits sex discrimination, including any that relate to the agency’s own compliance with such statutes or regulations; and

(ii) are or may be inconsistent with the policy set forth in section 1 of this order.

(b) The head of each agency shall, as soon as practicable and as appropriate and consistent with applicable law, including the Administrative Procedure Act (5 U.S.C. 551 et seq.), consider whether to revise, suspend, or rescind such agency actions, or promulgate new agency actions, as necessary to fully implement statutes that prohibit sex discrimination and the policy set forth in section 1 of this order.

(c) The head of each agency shall, as soon as practicable, also consider whether there are additional actions that the agency should take to ensure that it is fully implementing the policy set forth in section 1 of this order. If an agency takes an action described in this subsection or subsection (b) of this section, it shall seek to ensure that it is accounting for, and taking appropriate steps to combat, overlapping forms of discrimination, such as discrimination on the basis of race or disability.

(d) Within 100 days of the date of this order, the head of each agency shall develop, in consultation with the Attorney General, as appropriate, a plan to carry out actions that the agency has identified pursuant to subsections (b) and (c) of this section, as appropriate and consistent with applicable law.

Sec. 3. Definition. “Agency” means any authority of the United States that is an “agency” under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(5).

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Cardinal Timothy M. Dolan of New York, chairman of the U.S. Conference of Catholic Bishops’ (USCCB) Committee for Religious Liberty;

Archbishop Paul S. Coakley of Oklahoma City, chairman of the Committee on Domestic Justice and Human Development;

Bishop Michael C. Barber, S.J., of Oakland, chairman of the Committee on Catholic Education;

Bishop Shelton J. Fabre of Houma-Thibodaux, chairman of the Ad Hoc Committee Against Racism;

and Bishop David A. Konderla of Tulsa, chairman of the Subcommittee for the Promotion and Defense of Marriage,

issued a statement responding to President Biden’s executive order of January 20 that addressed last year’s U.S. Supreme Court decision, Bostock v. Clayton County, Ga.

“EVERY person has a right to gainful employment, education, and basic human services free of unjust discrimination. That right should be protected. The Supreme Court’s Bostock decision, however, needlessly ignored the integrity of God’s creation of the two complementary sexes, male and female, with reasoning that treated them as devoid of meaning.

“Wednesday’s executive order on ‘sex’ discrimination exceeds the Court’s decision. It threatens to infringe the rights of people who recognize the truth of sexual difference or who uphold the institution of lifelong marriage between one man and one woman.

This may manifest in mandates that, for example,

erode health care conscience rights

or needed and time-honored sex-specific spaces and activities.

“In addition, the Court had taken care to note that Bostock did not address its clear implications for religious freedom. Yesterday’s executive order exercises no such caution.

“We are very grateful for the new administration’s actions on immigration and the climate, as well as for another executive order, ‘On Advancing Racial Equity,’ which is nobly aimed at identifying and remedying racism and its impact on society and in government. It is unfortunate that the goal of racial equality is partially conflated with the imposition of new attitudes and false theories on human sexuality which can produce social harms.

“We share the goal of ending unjust discrimination and supporting the dignity of every human, and we therefore regret the misguided approach of Wednesday’s order addressing Bostock.”

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