How the 2025 Executive Order Affects Women in Law in America

On January 20, 2025, President Trump signed an executive order called ‘Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government’. The order states that the government should only recognise sex as male or female, based on biology at birth, and seems to blatantly ignore the idea of gender identity. Gender identity in this article is defined as a person’s internal sense of their gender. This has huge implications for women in law, especially transgender and non-binary women, as well as anyone fighting for gender equality. 

1. Workplace Equality and Discrimination

The executive order throws a wrench into workplace protections for women in law. It rejects the idea of gender identity, which means it undermines the Supreme Court’s Bostock v. Clayton County (2020) decision. That case concluded that it is not allowed to fire someone for being LGBTQ+ under Title VII of the Civil Rights Act. Now, with this order, transgender and non-binary lawyers could face more discrimination at work.

For example, a transgender woman lawyer might not be allowed to use the women’s restroom at her firm or could be excluded from women’s networking events. This kind of exclusion makes it harder for her to feel safe and respected at work. It’s not just about fairness — it’s about being able to do your job without constantly fighting for basic dignity.

2. Professional Identity and Documentation

The order also states that government IDs, like passports and employment records, have to list your sex as it was assigned at birth. For transgender and non-binary lawyers, this has a bigger impact than it seems on the surface. An ID is needed for everything in the workplace — bar admissions, court appearances, and meeting clients. If a person’s ID doesn’t match gender identity, they could face awkward, embarrassing, or even hostile situations at work.

Furthermore, if a transgender or a non-binary lawyer works for a federal agency or a federally funded organisation, their employer might have to out them because of how the order defines sex. This would be a huge invasion of privacy and could open the door to (further) discrimination. 

3. Setbacks for Gender Equality Advocacy

Women in law have been fighting for gender equality and LGBTQ+ rights for decades. This executive order feels like a punch in the gut to that work. By calling gender identity “disconnected from biological reality,” the order dismisses the experiences of transgender and non-binary people. In simpler terms, it’s like saying, “Your identity doesn’t matter.”

For women lawyers who focus on civil rights, employment law, or LGBTQ+ advocacy, this order makes their jobs harder. They’ll have to fight even more to prove that gender identity discrimination is real and harmful. And because the order cuts federal funding for programs that support gender ideology, legal aid organisations and nonprofits that help marginalised communities could and possibly will lose critical resources. 

4. Privacy and Safety Issues

The order also has specific rules about “intimate spaces,” like restrooms and shelters, saying they have to be based on biological sex, not gender identity. It is clear how this would be a significant issue for transgender women in law, being forced to use a restroom that does not match their identity. Overall, it makes their workplace not just uncomfortable but also unsafe.

It gets worse for transgender women who are survivors of sexual violence. The order tells HUD to change policies for single-sex rape shelters, which could mean transgender women are turned away from shelters that align with their gender identity. That’s not just unfair, it’s dangerous.

Conclusion

This executive order feels like a step backward for gender equality. It’s not just about transgender and non-binary women — it’s about all women in law who care about fairness and inclusion. It is a reminder that the fight for gender equality isn’t over, and we cannot take progress for granted.

Mia Zhou

First Year Law Student