Trump’s ‘two sexes’ executive order comes on heels of SCOTUS accepting another challenge to LGBT agenda

In his first week in office, President Donald Trump has charged ahead with a series of executive actions, fulfilling a key campaign promise to challenge “gender ideology” in American institutions and promote “biological truth” rooted in “fundamental and incontrovertible reality.” 

Meanwhile, the Supreme Court is poised to rule on two significant gender-related cases this year, and Trump’s new executive action could spell further controversy in the higher court.

Last week, SCOTUS agreed to hear Mahmoud v. Taylor, which would determine whether schools can force teachers to read LGBTQ books to elementary-age children despite parental objections. At issue is whether parents will have the right to opt their children out of such instructions.

“If the Supreme Court’s doing its job, it shouldn’t impact [the case decisions] at all,” Heritage Foundation senior legal fellow Sarah Marshall Perry told Fox News Digital in an interview. “What Trump’s executive order was is a statement of really what the policies are going to be for the executives going forward into the new administration. And he did exactly what [former President Joe] Biden did with his executive order expanding sex to include gender identity.”

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An LGBT demonstration outside the Supreme Court; President Donald Trump, inset, signs executive orders. (Getty Images)

Perry noted the separation of powers between the executive and judiciary branches, adding that while the executive is mostly a political entity, the judiciary is non-political. 

SCOTUS will be obligated to focus solely on the facts presented in the cases before them, she said, which “will include questions relative to the parameters of the parental rights guidance on school curriculums and exactly what constitutes curriculum for purposes of opt-out, whether gender medicine and age and medical-based restrictions that happen to impact individuals who are transgender is a violation of the Equal Protection Clause.” 

She also pointed out that the executive order should not influence the Supreme Court’s decision-making, adding, “The executive order should have absolutely no bearing on what the Supreme Court decides going forward.”

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Protestors rally outside the Supreme Court building as justices hear oral arguments in Washington, D.C. (Jack Gruber/USA TODAY)

In another case that already had their oral arguments heard last year, Skrmetti v. U.S., the higher court is weighing whether the equal protection clause, which guarantees equal treatment under the law for individuals in similar circumstances, prevents states from banning medical providers from offering puberty blockers and hormone treatments to children seeking transgender surgical procedures. 

The Biden administration joined the lawsuit by filing a petition to the Supreme Court in November 2023.

“I think the American people are gratified that they’ve got a president who is common sensical, who recognizes biological reality, who recognizes the text of civil rights law and the rule of law itself, and now they’re going to say we have someone who was willing to stand in the gap for us, including through the Department of Justice, if the cases get all the way to the Supreme Court,” Perry said. “But parents should, and I think will, be involved to be able to bring more legal challenges.”

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Activists for and against trans rights protest outside the U.S. Supreme Court before the start of the United States v. Skrmetti case on Dec. 4, 2024. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

“I think this election really sort of rises to shift, not just politically, but for many people philosophically as well, because we recognize that America was sort of pulled back from the perilous brink on even understanding what it meant to be male and female, even understanding what it meant to live amicably in a pluralistic society,” Perry said. “We are now, I think, thankfully, seeing a rebirth of those long-standing beneficial ideas.”

Trump’s executive order, signed on Inauguration Day and titled, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” declares that the U.S. will recognize only two sexes — male and female — based on immutable biological characteristics. 

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It prohibits the use of gender identity in legal and administrative contexts, mandates that federal agencies, including those overseeing housing, prisons, and education, adhere to this definition when enforcing laws and issuing regulations. The order directs changes to government-issued identification documents, bans the promotion of “gender ideology” in federal programs, rescinds previous executive actions that promoted gender identity inclusion and instructs federal agencies to eliminate guidance or regulations that conflict with the new policy.

Trump’s executive order reverses the Biden administration’s executive order titled “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation,” signed in 2021, which directed federal agencies to interpret and enforce civil rights laws to prohibit discrimination based on gender identity and sexual orientation.