Joe Biden Sign Executive Order Allowing Men in Girls Restrooms

What the executive order does mean, though, is that this administration is prepared to vigorously defend and enforce the legal protections that LGBTQ people enjoy under federal law. Every state considering anti-trans bills barring trans people from sports must now consider that they will face a U.S. government that is not facilitating anti-trans discrimination but actually enforcing Title IX’s protections to stop it. Every employer, every landlord, every health care provider that is considering firing or evicting or denying health care to a transgender person must now think about the fact that all three branches of the federal government have made clear that anti-LGBTQ discrimination is illegal.                                                                                                                                                              Predictably, individuals and organizations immediately objected to the idea that trans people might actually be protected in schools and began circulating the insidious lie that trans people are inherently a threat to non-transgender women. This is not true in the context of restrooms and locker rooms and it is likewise untrue in the context of sports, where opponents of trans existence have focused their efforts over the last two years. But whatever opposition anti-trans individuals, organizations, and lawmakers have to trans existence, federal law already prohibits discrimination on the basis of sex in employment, education, housing, health care, and credit. And since the Supreme Court’s decision in Bostock recognized that it is impossible to discriminate against someone for being LGBTQ without discriminating on the basis of sex, our federal statutes are the source of legal protections for LGBTQ people — not yesterday’s executive order. Those who claim to be victims of Biden’s affirmation of these legal protections are really angry about legal rules that were drafted by Congress decades ago and affirmed by the Supreme Court in June.

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