by Sarah Warbelow •
The first days of the new Trump administration have seen a slew of Executive Orders (EOs) from the President, many which target the LGBTQ+ community. From attacks on nondiscrimination protections in the workplace to attempts to limit the health care access of transgender, non-binary, and intersex individuals to bans on transgender individuals serving in the military, these executive actions attempt to undermine our hard-fought progress.
But while these orders generate a ton of headlines, confusion, and chaos, they cannot override the United States Constitution, federal laws, and established legal precedent. The President may believe that with a wave of his sharpie, he can rip away our freedoms, but he does not, in fact, have the power to do this unilaterally. Understanding Executive Orders, how they are implemented, and how they legally operate can help us navigate these changes and fight back against them.
U.S. Presidents have long used Executive Orders as a tool to shape policy and direct federal agencies to implement defined directives. While they hold the potential to impact millions of people, it’s important to remember that EOs — no matter who sits in the Oval Office — represent a limited scope of presidential power.
At its core, an executive order is a directive issued by the President of the United States, as part of their responsibility to enforce the law, instructing federal agencies to take specific actions or enact particular policies. These orders only apply to the federal government's executive branch and do not have to pass through both houses of Congress like legislation. They do have to respect the limits of the Constitution and must comply with laws passed by Congress.
Because executive orders do not require Congressional approval, they do have limitations. Federal courts should overturn an executive order if it violates the Constitution, including if it exceeds the president’s enforcement authority — some of President Trump’s executive orders, like birthright citizenship, have already been paused by judges for these reasons. Additionally, the President cannot overrule the Supreme Court’s interpretation of the law and cannot unilaterally change laws that have been passed by Congress. Congress also can negate an executive order by passing legislation to counter it.
Also, the implementation of certain executive orders can vary widely — some portions can be implemented immediately, while others may take months or years to see real-world effects. Orders that take effect immediately often involve changes to current practice, such as directing agencies to alter specific elements of their process or priorities, that don’t require new legal authorization. However, significant changes to infrastructure, funding, or existing rules often must go through the sometimes years-long federal rulemaking process that requires public comment and analysis.
The President may attempt to influence public opinion or intimidate companies, organizations, and federal employees to comply with executive orders before their implementation is complete. Complying with executive orders in advance of their implementation can compound the harm done, because important questions about the scope of the order and how it will be implemented are not yet answered. Remember, just because you see an executive order in the news doesn’t mean it will be implemented overnight.
A look at some of the harmful executive actions and their impacts.
President Trump has already signed several executive orders that directly impact LGBTQ+ individuals, particularly transgender, non-binary, and intersex people. These include:
How partners, advocacy groups, and legal teams are pushing back.
Many of these executive orders are already facing legal challenges — including from the Human Rights Campaign, which is joining with Lambda Legal to bring a lawsuit to block the transgender military ban. LGBTQ+ people have statutory and constitutional protections, particularly when it comes to employment and access to shelters. Even if an agency will not accept complaints or enforce rights, generally, people still have the right to sue if the President’s EO violates their rights.
The fight for LGBTQ+ rights has been long and difficult, but progress has always been made through resilience, activism, and the law. HRC and our community, millions of LGBTQ+ individuals and supporters strong, will continue to show up against discriminatory policies and demand equal rights and protections. Each of us should stay informed and engaged. Showing up for our community and advocating at every level for LGBTQ+ rights are crucial ways to resist harmful policies. We must continue to show up in the face of discrimination and remind everyone that equality is non-negotiable.
The strength and determination of our community will ensure that we continue to push for a future where equality is not optional. We are here. We are strong. We are fighting back. Together, we will continue to fight against discrimination and ensure that we are all treated with the dignity and respect we deserve
Explore our Equality Impact Hub as we monitor, track, and evaluate new federal actions and policies, we will use every tool — from advocacy to education to litigation to campaigns — to protect our communities and advance progress where possible.
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