Executive Order 13988

Executive Order 13988
"Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation"
	President Biden signs a series of Executive Orders amongst which was order 13988 shortly after his inauguration on January 20, 2021.
Type	Executive order
Number	13988
President	Joe Biden
Signed	January 20, 2021
Federal Register details
Federal Register; document number	2021-01761
Publication date	January 20, 2021
Summary
	Requires all federal agencies to extend existing protections on the basis of sex to include sexual orientation and gender identity

Executive Order 13988, officially titled Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, was the fourth executive order signed by U.S. President Joe Biden on January 20, 2021.^[1]^[2]^[3] It was rescinded by Donald Trump within hours of his assuming office on January 20, 2025.^[4]

Provisions

The order directs all federal agencies to review all policies which implement the non-discrimination protections on the basis of sex ordered by Title VII of the Civil Rights Act of 1964 (pursuant to the Supreme Court case Bostock v. Clayton County), Title IX of the Education Amendments of 1972, the Fair Housing Act and section 412 of the Immigration and Nationality Act of 1965 and to extend these protections to the categories of sexual orientation and gender identity. Extending beyond the scope of President Barack Obama's Executive Order 13672 of 2014, which protected against discrimination on the basis of gender identity in the civilian federal workforce as well as sexual orientation and gender identity discrimination by federal contractors, as well as President Bill Clinton's Executive Order 13087, which protected against discrimination on the basis of sexual orientation in the civilian federal workforce.

Reactions

Support

The Human Rights Campaign hailed Biden's order as "most substantive, wide-ranging executive order concerning sexual orientation and gender identity ever issued by a United States president".^[5]

Opposition

In opposition, Republican Senator Roger Marshall stated the executive order "shows no common sense and will bring about the destruction of women's sports".^[6] Former Ambassador to the United Nations Nikki Haley denounced Biden's order, calling it "an attack on women's rights".^[7]^{[unreliable source?]}

Lauren Adams, legal director for the Women's Liberation Front said "both executive orders send a heartbreaking message to women and girls that their government does not view them as worthy of consideration and is not willing to recognize female people as a discrete class."^[8]

Following the departure of President Biden from office and the inauguration of Donald Trump as the 47th president of the United States, the Trump administration immediately rescinded the order, labeling its provisions as "unpopular, inflationary, illegal, and radical practices".^[4]

References

^ Schmidt, Samantha; Wax-Thibodeaux, Emily; Balingit, Moriah (January 21, 2021). "Biden calls for LGBTQ protections in Day 1 executive order, angering conservatives". The Washington Post. Archived from the original on January 22, 2021. Retrieved September 11, 2021.
^ "Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation". The White House. January 21, 2021. Archived from the original on January 18, 2025. Retrieved January 21, 2021.
^ "Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation". Federal Register. January 25, 2021. Retrieved January 23, 2021.
^ ^a ^b "Initial Rescissions Of Harmful Executive Orders And Actions". The White House. January 20, 2025. Retrieved January 21, 2025.
^ Acosta, Lucas (January 20, 2021). "President Biden Issues Most Substantive, Wide-Ranging LGBTQ Executive Order In U.S. History". Human Rights Campaign - Press Releases. Retrieved June 6, 2021.
^ Marshall, Roger (March 1, 2021). "Sen. Marshall Op-ed: Biden's gender discrimination executive order will destroy women's sports". Sen. Roger Marshall's Press Releases. Washington, D.C. Archived from the original on October 5, 2021. Retrieved September 11, 2021.
^ Norman, Greg (February 8, 2021). "Nikki Haley calls Biden's executive order about transgender athletics an 'attack on women's rights'". Fox News. Retrieved September 11, 2021.
^ "Women's Liberation Front: Biden Executive Order on "Gender Identity" Will Eviscerate Women's Rights". PR Newswire. January 21, 2021. Archived from the original on September 10, 2021. Retrieved September 11, 2021.

External links

Federal Register

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[1] Schmidt, Samantha; Wax-Thibodeaux, Emily; Balingit, Moriah (January 21, 2021). "Biden calls for LGBTQ protections in Day 1 executive order, angering conservatives". The Washington Post. Archived from the original on January 22, 2021. Retrieved September 11, 2021.

[2] "Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation". The White House. January 21, 2021. Archived from the original on January 18, 2025. Retrieved January 21, 2021.

[3] "Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation". Federal Register. January 25, 2021. Retrieved January 23, 2021.

[:0-4] "Initial Rescissions Of Harmful Executive Orders And Actions". The White House. January 20, 2025. Retrieved January 21, 2025.

[5] Acosta, Lucas (January 20, 2021). "President Biden Issues Most Substantive, Wide-Ranging LGBTQ Executive Order In U.S. History". Human Rights Campaign - Press Releases. Retrieved June 6, 2021.

[6] Marshall, Roger (March 1, 2021). "Sen. Marshall Op-ed: Biden's gender discrimination executive order will destroy women's sports". Sen. Roger Marshall's Press Releases. Washington, D.C. Archived from the original on October 5, 2021. Retrieved September 11, 2021.

[7] Norman, Greg (February 8, 2021). "Nikki Haley calls Biden's executive order about transgender athletics an 'attack on women's rights'". Fox News. Retrieved September 11, 2021.

[8] "Women's Liberation Front: Biden Executive Order on "Gender Identity" Will Eviscerate Women's Rights". PR Newswire. January 21, 2021. Archived from the original on September 10, 2021. Retrieved September 11, 2021.

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