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Trump's New Executive Order: Prioritizing First Amendment Rights Over Gender Identity

Monday, January 20, 2025 by Olivia Torres

Trump's New Executive Order: Prioritizing First Amendment Rights Over Gender Identity
Trump at The White House / Referential image - Image © CiberCuba / Grok

The administration under President-elect Donald Trump has issued a fresh executive order that aims to legally reaffirm male and female as the only recognized genders, according to reports from The Free Press. This move, deemed essential by government advisors to safeguard Americans' First Amendment rights, impacts public institutions, including universities, and carries significant implications for discourse and policies regarding gender identity.

The administration's senior policy advisor stated that the U.S. Attorney General would be tasked with enforcing this order, potentially leading to legal challenges from activist groups. However, Trump’s team is confident in a legal victory, drawing on precedents such as the 2022 ruling supporting a Shawnee State University philosophy professor who was required to use the chosen pronouns of a transgender student, infringing on his free speech rights.

While the executive order addresses gender identity issues, it remains silent on the topic of gender-affirming care for minors—a contentious issue during the Biden administration that faces restrictions in multiple states. The outgoing administration had staunchly defended these treatments, whereas the incoming Trump administration appears to be setting the stage for future actions in this area, indicating that the current decree is merely the beginning of a series of measures promised by Trump during his campaign.

In addition to this executive order, the Trump administration has announced nearly 200 executive actions, including declaring a national emergency at the border and withdrawing from the Paris Agreement on climate change. However, the immediate agenda includes a robust strategy to address illegal immigration.

In preparation for Trump's inauguration, his team has developed plans for mass arrests of undocumented immigrants, focusing on those with criminal records. Cities like Chicago are in the spotlight, with the new "border czar," Tom Homan, emphasizing the intent to ramp up border security and urging local authorities to cooperate in these operations.

This immigration focus is supported by recent polls, such as one published by The New York Times, indicating majority support among Americans for stricter immigration policies. However, the planned actions have caused alarm in sanctuary cities, which have historically resisted cooperation with federal authorities in enforcing immigration laws.

Meanwhile, the status of TikTok in the United States hangs in the balance following a Supreme Court ruling that could force the platform to suspend operations starting January 19 unless it severs ties with its parent company, ByteDance. This decision comes amid tensions between the U.S. and China and during a presidential transition period that promises a thorough review of digital and national security policies.

The incoming administration must decide how to handle TikTok's future in a way that balances national security concerns with the possibility of its continued operation under safe conditions—a topic recently discussed between Trump and political leaders. Amid these disputes, Trump appears to seek a solution that allows the platform's continuity, reflecting its popularity among American users, including his millions of followers.

Understanding Trump's New Policies

What is the main goal of Trump's new executive order?

The primary aim of the executive order is to legally recognize only the male and female genders, emphasizing the protection of First Amendment rights, particularly in public institutions like universities.

How might the executive order impact gender-affirming care for minors?

While the order itself does not directly address gender-affirming care for minors, it signals potential future actions by the Trump administration regarding these treatments, contrasting sharply with the previous administration's stance.

What are the implications of the ruling on TikTok's operations in the U.S.?

The Supreme Court ruling could compel TikTok to halt operations unless it separates from its parent company, ByteDance, amid broader tensions between the U.S. and China, and ongoing discussions about digital security policies.

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