House Democrats: Trump's transgender order 'unconstitutional'

A group of House Democrats said an executive order signed by President Trump targeting the transgender community that recognizes only two sexes is unconstitutional. The lawmakers are criticizing an order Trump signed on his first day in office that directed federal agencies to stop the promotion of the concept of gender transition. “Transgender people are...

Feb 5, 2025 - 23:05
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House Democrats: Trump's transgender order 'unconstitutional'

A group of House Democrats said an executive order signed by President Trump targeting the transgender community that recognizes only two sexes is unconstitutional.

The lawmakers are criticizing an order Trump signed on his first day in office that directed federal agencies to stop the promotion of the concept of gender transition.

“Transgender people are entitled to the same legal protections as all other Americans. Executive Orders cannot override the Constitution, federal laws, or Supreme Court precedent," Reps. Mark Takano (D-Calif.), Jamie Raskin (D-Md.) and Gerry Connolly (D-Va.) wrote in the letter.

“Alarmingly, this and other Executive Orders targeting the transgender community contain language demonstrating animus against that community,” the Democrats added.

The letter was addressed to the Office of Personnel Management (OPM) and urged that the office stop “implementation of Executive Order 14168.”

Takano, Raskin and Connolly also pushed for the revoking of a “memorandum issued on January 29, 2025, that provides guidance to agencies and departments on how to carry out the edicts of the Executive Order.”

The memo sent last week from OPM to the heads of departments tells them to examine and end programs, grants, contracts and outward-facing media that “promote or inculcate gender ideology.”

“We urge you to rescind your unconstitutional and unlawful memo and instead uphold your oath to support and defend the Constitution and laws of the United States,” the group of Democrats said. 

Trump during his presidential campaign argued his opponent, former Vice President Kamala Harris, was extreme for trans-inclusive policies. 

Since taking office, he has issued a series of orders aimed at transgender issues, including moves to prevent transgender people from taking part in women's sports. He also signed an executive order effectively preventing transgender people from serving openly in the military. 

The Hill has reached out to the OPM and the White House for comment.