From the moment Donald Trump took office in January 2025, his administration launched an aggressive rollback of transgender rights, placing gender identity at the centre of a broader ideological battle. His executive order, titled Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, not only declared that the US would recognise only two sexes – male and female – but also mandated that all federal agencies adopt sex-based definitions in their policies and documentation. This move effectively erased legal recognition of transgender and non-binary individuals, reversing previous policies that allowed for gender marker updates on passports, visas and government forms.
The implications of this shift were immediate and widespread. Federal agencies were directed to remove references to gender identity from public records and halt funding for initiatives deemed to promote ‘gender ideology.’ Secretary of State Marco Rubio ordered a suspension of all gender marker changes on US passports, reversing the 2022 policy that had allowed for an “X” gender option for non-binary individuals. “This [executive order] is clearly a plan from the Trump Administration to erase transgender people’s existence under the law,” said Harper Seldin, a senior staff attorney at the American Civil Liberties Union’s (ACLU’s) LGBTQ and HIV Project. Meanwhile, the administration justified these actions as necessary to protect women’s rights and uphold ‘scientific integrity,’ despite overwhelming evidence from the medical and psychological communities that gender identity is distinct from biological sex.
Targeting trans rights: policy and legal consequences
One of the first perceptible effects of Trump’s executive order was the reintroduction of legal and bureaucratic obstacles for transgender individuals seeking accurate identification documents. Within days, transgender, intersex, and non-binary people found themselves unable to update their official documents to reflect their gender identity. This led to a lawsuit filed by the ACLU on behalf of seven plaintiffs, arguing that the state department’s refusal to issue accurate passports violated their constitutional rights and restricted their freedom of movement. “The plaintiffs in this case have had their lives disrupted by a chaotic policy clearly motivated by animus that serves zero public interest,” said Sruti Swaminathan, staff attorney for the ACLU’s LGBTQ & HIV Project.
Beyond identification documents, Trump’s policies extended to healthcare and public safety measures. Public health websites that had previously contained vital information for LGBTQ+ individuals – including HIV treatment guidelines, suicide prevention resources, and disparities in healthcare access – were either taken down or restored with disclaimers dismissing gender identity as invalid. “Anti-LGBTQ politicians with a record of abusing and silencing women and stripping their health care have zero credibility in any conversation about protecting women and girls,” stated GLAAD, an LGBTQ advocacy group, in response to the executive order. The Trevor Project, a crisis intervention organisation, reported a 33% spike in calls to its helpline on the day Trump was inaugurated, highlighting the immediate mental health impact of these policies.
Impact on transgender Americans and the military
According to the Household Pulse Survey conducted between May and September 2024, approximately 2.3 million adults, or 0.95% of the US population, identify as transgender. Besides, 1.7% identify as non-binary, intersex or gender non-conforming. The Trump administration’s policy changes directly impact these individuals across multiple sectors, including the military.
One of Trump’s earliest actions in office was reinstating a ban on transgender individuals serving in the US military, reversing Biden-era protections that had allowed them to serve openly. This decision affected an estimated 9,000–14,000 active-duty transgender personnel, creating uncertainty about their military careers. Advocacy groups argue that banning trans service members undermines military readiness and morale while further marginalising an already vulnerable population. Critics also highlight that the policy disregards recommendations from top military officials who previously affirmed that transgender personnel do not negatively impact unit cohesion or effectiveness.
The global context and the culture war
Trump’s aggressive stance on gender identity is not an isolated phenomenon but part of a broader right-wing movement that has gained momentum internationally. The concept of ‘gender ideology’ has been used for decades by conservative and religious groups to resist progressive changes in gender norms. Right-wing governments in Türkiye, Hungary, and Poland have similarly invoked ‘biological truth’ to justify rolling back women’s and LGBTQ+ rights, including rejecting international treaties aimed at preventing gender-based violence.
In the US, Trump’s executive order follows previous legislative efforts at the state level. Even before his intervention, 27 states had already enacted policies restricting transgender athletes from competing in sports categories that align with their gender identity. However, Trump’s move to federalise such restrictions represents an unprecedented escalation, effectively overriding the autonomy of states that had taken steps to protect transgender rights. The National Collegiate Athletic Association (NCAA), which had struggled to address conflicting state policies, welcomed the executive order as a means of establishing a national framework. Meanwhile, advocacy groups warned that the policy exploited concerns about fairness in sports to justify broader attacks on transgender individuals.
The human cost and the road ahead
The Trump administration’s policies not only impact legal protections but also have palpable effects on the daily lives and mental health of transgender individuals. Studies have consistently shown that anti-trans laws correlate with an increase in mental health crises among transgender youth. A study published in Nature Human Behavior found that anti-trans legislation led to a significant rise in suicide attempts among transgender youth, with rates increasing between 7-72% depending on the state.
By reinforcing exclusionary policies, Trump’s executive order reinforces discrimination against transgender individuals, legitimising hostility from institutions and individuals alike. “I’ve lived virtually my entire adult life as a man. Everyone in my personal and professional life knows me as a man,” said Reid Solomon-Lane, one of the plaintiffs in the lawsuit challenging the passport restrictions. “Now, as a married father of three, Trump’s executive order and the ensuing passport policy have threatened that life of safety and ease.”
While executive orders provide presidents with immediate and unilateral authority, they are also reversible. Trump’s policy shift repeats the back-and-forth seen in previous administrations – Obama expanded transgender rights, Trump reversed them, Biden reinstated protections, and now Trump has undone them again. This cycle creates instability and uncertainty, leaving transgender individuals in a state of perpetual vulnerability.
As legal battles continue and advocacy groups struggle to push back, the question remains: will these policies withstand judicial scrutiny, or will they be reversed like many of Trump’s previous attempts to curtail LGBTQ+ rights? The fight for transgender recognition and protection is far from over, but for now, the Trump administration’s hardline position indicates a significant and deliberate rollback of rights, with severe consequences for millions of Americans.
K.M. Seethi is Director, Inter University Centre for Social Science Research and Extension (IUCSSRE), Mahatma Gandhi University (MGU), Kerala, India. He is also the editor of Journal of State and Society. Seethi also served as Senior Professor of International Relations and Dean of Social Sciences at MGU.