Donald Trump’s War on Gender Is Also a War on Government

In light of the recent criticisms against Donald Trump’s Administration for its actions targeting transgender individuals, many opponents have referenced the German pastor Martin Niemöller and his 1946 poem “First They Came,” which illustrates Nazi Germany’s systematic persecution of marginalized groups. Trump’s anti-trans executive order, signed on the first day of his second term, mandated that the federal government only recognize two sexes, male and female. Since then, the Administration has rapidly expanded its targeting of groups it considers adversaries, such as immigrants, college demonstrators, and prestigious law firms. These anti-trans measures are not just initial steps in a campaign against vulnerable communities; they also serve to undermine the government itself. While the right comprehends this strategy, it is crucial for the left to recognize it as well.

The term “administrative state,” often disparaged in conservative circles, refers to the government’s functions that ensure the country operates smoothly. These tasks include building infrastructure, regulating hazardous substances, maintaining property records, issuing official documents, and monitoring vital statistics. As laws cannot encompass every detail required to protect public health and safety, executive agencies develop protocols and regulations to implement legislative objectives effectively. To fulfill broad mandates, administrative bodies need to classify information about the population into specific categories based on relevant criteria. Gender identity and sex are among these categories, serving as practical tools to help the government fulfill its responsibilities.

Administrative agencies have historically defined sex not based on gender theories but to facilitate their operational needs. For example, state Departments of Motor Vehicles previously allowed individuals to have a gender marker different from their birth sex. This flexibility aimed to ensure that identity documents matched the person’s appearance for law enforcement purposes. The government’s approach to sex classification varies depending on the agency’s mission, with some prioritizing sex at birth for population studies while others consider gender identity for homeless shelter placements.

Trump’s executive order asserts that sex is binary and immutable, prompting a series of policy changes such as banning transgender individuals from certain activities, reverting to birth sex markers on federal documents, and removing references to trans people from official websites. These actions limit administrative flexibility and hinder scientific research that relies on nuanced understandings of sex and gender. The broad and vague nature of the anti-trans directives encourages anticipatory compliance among researchers and impedes their ability to conduct essential studies on health disparities.

By erasing transgender identities and attacking diversity, equity, and inclusion initiatives, Trump’s order not only harms marginalized communities but also undermines the study of gender-related factors in health outcomes. Limiting research on gender could obstruct efforts to address disparities and develop policies that benefit diverse populations. The far-reaching impact of Trump’s executive order threatens the government’s ability to ensure public health and safety effectively, potentially weakening the administrative apparatus’s capacity to safeguard the population’s well-being.