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In his first week in office, President donald trump has ordered ahead 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 set to rule on two significant gender-related cases this year, and Trump’s new executive action could spark more controversy at the high court.
Last week, SCOTUS agreed to hear Mahmoud v. Taylor, which will determine whether schools can force teachers to read LGBTQ books to elementary-aged children despite parental objections. The question is whether parents will have the right to exclude their children from these instructions.
“If the Supreme Court is doing its job, it shouldn’t affect (case decisions) at all,” Sarah Marshall Perry, senior fellow at the Heritage Foundation, told Fox News Digital in an interview. “What Trump’s executive order was is a statement of what the policies will really be for the executives moving forward in 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 in front of the Supreme Court; President Donald Trump, inset, signs executive orders. (Getty Images)
Perry noted the separation of powers between the executive and judicial branches, adding that while the executive is mostly a political entity, the judiciary is not political.
SCOTUS will be required to focus solely on the facts presented in the cases before it, he said, which “will include questions concerning the parameters of parental rights guidance in school curricula and what exactly constitutes the curriculum in exclusionary effects, whether gender medicine and age and medical restrictions affecting transgender people are a violation of the Equal protection clause.”
He also noted 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 in the future.”
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Protesters demonstrate outside the Supreme Court building as justices hear oral arguments in Washington, DC (Jack Gruber/USA TODAY)
In another case that already had its oral arguments last year, Skrmetti v. US high court is weighing whether the Equal Protection Clause, which guarantees equal treatment under the law for people in similar circumstances, prevents states from banning medical providers from offering puberty blockers and hormone treatments to children who seek transgender surgical procedures.
The Biden administration joined the suit by filing a petition with the Supreme Court in November 2023.
“I think the American people are satisfied that they have a president who has common sense, who recognizes biological reality, who recognizes the text of the Civil Rights Act and the rule of law itself, and now they’re going to say we have somebody who was willing to fill the void, including through the Department of Justice, if the cases make it all the way to the Supreme Court,” Perry said. “But parents should get involved, and I think they will, so they can file more legal challenges.”
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Activists for and against trans rights protest outside the US Supreme Court ahead of the start of the US v. Skrmetti case on December 4, 2024. (Bill Clark/CQ-Roll Call, Inc via Getty Images)
“I think this election really rises to change, not just politically, but for many people philosophically, because we recognize that America pulled back from the dangerous edge of even understanding what it meant to be a man and a woman. all understanding what it means to live amicably in a plural society,” Perry said. “Now, I think, thankfully, we’re seeing a revival of these long-standing beneficial ideas.”
trump executive order, signed on Inauguration Day and titled “Defending Women from the Extremism of Gender Ideology and Restoring Biological Truth to the Federal Government,” it declares that the US will recognize only two sexes, male and female, based on immutable biological characteristics .
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Prohibits the use of gender identity in legal and administrative contexts, requires federal agencies, including those overseeing housing, prisons, and education, to adhere to this definition when enforcing laws and issuing regulations . The order directs changes to government-issued identification documents, prohibits the promotion of “gender ideology” in federal programs, rescinds previous executive actions that promoted gender identity inclusion, and instructs to federal agencies removing guidelines 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 sexuality. guidance
