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Biden Admin Slapped With Lawsuit Over Rule Pushing Businesses To Adopt ‘Transgender’ Policies

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From the Daily Caller News Foundation

By Jaryn Crouson

 

The EEOC updated Title VII of the Civil Rights Act of 1964 to require both state and private employers to accommodate transgender employees by allowing men in women’s spaces, forcing the use of  “preferred pronouns” and ending sex-specific dress codes.

Republican Texas Attorney General Ken Paxton filed a lawsuit Thursday against the Biden administration’s Equal Employment Opportunity Commission (EEOC) over an allegedly “unlawful” April policy rewrite that changed the definition of discrimination to include “gender identity.”

The EEOC updated Title VII of the Civil Rights Act of 1964 to require both state and private employers to accommodate transgender employees by allowing men in women’s spaces, forcing the use of  “preferred pronouns” and ending sex-specific dress codes. Paxton and the Heritage Foundation are challenging the rewrite, arguing that it violates the Administrative Procedure Act and does not have sufficient standing as the original wording prohibits sex-based discrimination but does not mandate special accommodations for the sexes, according to the lawsuit.

“The Biden-Harris Administration is attempting yet again to rewrite federal law through undemocratic and illegal agency action,” Paxton said in a press release. “This time, they are unlawfully weaponizing the Equal Employment Opportunity Commission in an attempt to force private businesses and States to implement ‘transgender’ mandates—and Texas is suing to stop them.”

The suit also argues that the EEOC “has limited rulemaking authority” and therefore should not have been allowed to change the policy. The plaintiffs are requesting the rule to be blocked in its entirety. 

“Heritage is proud to join the great state of Texas as co-plaintiff to fight another blatant abuse of federal power by the Biden/Harris Administration—the EEOC’s new harassment guidance,” Dan Mauler, general counsel for Heritage Foundation, said in a statement. “The EEOC has exceeded the limits Congress placed on their authority, violated the First Amendment, and placed women at risk with their new guidance. We are proud to be defending small businesses and American families from this illegal overreach.”

The Biden administration has faced a multitude of lawsuits since April over a similar policy rewrite that expanded Title IX to include “sexual orientation” and “gender identity.” The rule has since been blocked in several states.

The Biden administration, Heritage Foundation, and Paxton’s office did not immediately respond to a request for comment.

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Opinion: Trump Making ‘Sex’ Great Again On Day One Of Presidency

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From the Daily Caller News Foundation

By Megan Brock

One day into his presidency, Trump has taken significant executive action to preserve the integrity of the sexes and root out gender ideology from the federal government.

Throughout his 2024 presidential campaign, Trump promised to affirm the unique distinctions of the two sexes, male and female, and reverse the spread of gender ideology that was pushed during the Biden administration. Trump kept that promise Monday by signing an executive order (EO) titled “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government,” which defends the integrity of the sexes by mandating the federal government apply “clear and accurate language” that includes requiring the use of the term “sex” over “gender.”

“My Administration will defend women’s rights and protect freedom of conscience by using clear and accurate language and policies that recognize women are biologically female, and men are biologically male,” the EO states.

“When administering or enforcing sex-based distinctions, every agency and all Federal employees acting in an official capacity on behalf of their agency shall use the term ‘sex’ and not ‘gender’ in all applicable Federal policies and documents.”

Trump’s order defines male and female as “immutable biological” classifications, noting that “sex” is not synonymous with the term “gender identity.”

“‘Sex’ shall refer to an individual’s immutable biological classification as either male or female. ‘Sex’ is not a synonym for and does not include the concept of ‘gender identity’,” the EO states.

“Gender Identity” is a term used by transgender activists to describe an individual’s imagined sex. Transgender activists believe a person’s imagined sex is as real as their physical sex, and should hold equal weight in society and law.

For example, in April 2024 the Biden administration expanded Title IX regulations, which prohibit discrimination on the basis of sex, to include “gender identity,” giving men claiming to have a female “gender identity” full legal access to women’s sports and private spaces. A federal judge recently struck down the expanded Title IX regulations in a lawsuit filed against the Biden administration by six states, including Tennessee.

Jordanne Kemper, campaign director for Independent Women, praised Trump for protecting women by correctly defining the terms “gender identity” and “sex.”
“Words must have meaning. The radical view that ‘gender identity’ means the same things as ‘sex’ proved that when words aren’t defined, women pay the price,” said Kemper.
“President Trump’s executive order recognizes the erosion of women’s rights and denounces the conflation of ‘gender identity’ and ‘sex’. Now the government and our courts can’t misconstrue laws intended for women and girls. The American people asked for this clarity and President Trump delivered,” Kemper added.

Transgender activists often use the terms “gender” and “gender identity” interchangeably.

The World Professional Association for Transgender Health (WPATH) described how these terms are used synonymously in their gender medical guidance, called the Standards of Care version 8 (SOC 8), which is routinely used by medical associations, governments, and insurance companies in the U.S. and abroad to create policy driven by gender ideology.

“Depending on the context, gender may reference gender identity, gender expression, and/or social gender role, including understandings and expectations culturally tied to people who were assigned male or female at birth,” the SOC 8 states.

“Gender identities other than those of men and women (who can be either cisgender or transgender) include transgender, nonbinary, genderqueer, gender neutral, agender, gender fluid, and “third” gender, among others; many other genders are recognized around the world.”

This muddying of language is found throughout medical institutions including The National Institutes of Health who define gender as “A multidimensional construct that encompasses gender identity and expression, as well as social and cultural expectations about status, characteristics, and behavior as they are associated with certain sex traits.”

The Trump administration acknowledged how the corruption of language by transgender activists has had an “corrosive impact” on American society, stating: “The erasure of sex in language and policy has a corrosive impact not just on women but on the validity of the entire American system,” in the EO. “Basing Federal policy on truth is critical to scientific inquiry, public safety, morale, and trust in government itself.”

The term “gender identity” was popularized in the 1960s by controversial sexologist John Money, whose most high-profile experiment involved advising parents of a boy whose penis was damaged in a botched circumcision to cut the rest of it off and raise him as a girl. At age 15, the boy — who was raised as “Brenda” — discovered the truth and rejected further hormone treatments. He eventually committed suicide at age 38.

Gender ideology believes a person’s sex can differ from their “gender identity,” rejecting the long-established scientific understanding of biology that there are only two sexes based on the fact there are only two types of reproductive cells — sperm and ova.

The very concept of “gender identity” creates the possibility of changing one’s sex — a biological impossibility — through medical interventions, therefore creating a demand for medical sex reassignment interventions.

WPATH defines “gender identity” in the SOC 8 as “a person’s deeply felt, internal, intrinsic sense of their own gender,” whereas the Trump administration defines it as “A fully internal and subjective sense of self, disconnected from biological reality.”

The EO further explains that because “gender identity” is wholly subjective to the individual, it cannot be used to replace the objective reality of sex.

“‘Gender identity’ reflects a fully internal and subjective sense of self, disconnected from biological reality and sex and existing on an infinite continuum, that does not provide a meaningful basis for identification and cannot be recognized as a replacement for sex,” Trump’s EO states.

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Trump’s Initial DOGE Executive Order Doesn’t Quite ‘Dismantle Government Bureaucracy’

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From the Daily Caller News Foundation

By Thomas English

President Donald Trump’s Monday executive order establishing the Department of Government Efficiency (DOGE) presents a more modest scope for the initiative, focusing primarily on “modernizing federal technology and software.”

The executive order refashions the Obama-era United States Digital Service (USDS) into the United States DOGE Service. Then-President Barack Obama created USDS in 2014 to enhance the reliability and usability of online federal services after the disastrous rollout of HealthCare.gov, an insurance exchange website created through the Affordable Care Act (ACA). Trump’s USDS will now prioritize “modernizing federal technology and software to maximize efficiency and productivity” under the order, which makes no mention of slashing the federal budget, workforce or regulations — DOGE’s originally advertised purpose.

“I am pleased to announce that the Great Elon Musk, working in conjunction with American Patriot Vivek Ramaswamy, will lead the Department of Government Efficiency (‘DOGE’),” Trump said in his official announcement of the initiative in November. “Together, these two wonderful Americans will pave the way for my Administration to dismantle Government Bureaucracy, slash excess government regulations, cut wasteful expenditures, and restructure Federal Agencies.”

The order’s focus on streamlining federal technology and software stands in contrast to some of DOGE’s previously more expansive aims, including Elon Musk’s claim that “we can [cut the federal budget] by at least $2 trillion” at Trump’s Madison Square Garden rally in November. Musk now leads DOGE alone after Vivek Ramaswamy stepped down from the initiative Monday, apparently eying a 2026 gubernatorial run in Ohio.

The order says it serves to “advance the President’s 18-month DOGE agenda,” but omits many of the budget-cutting and workforce-slashing proposals during Trump’s campaign. Rather, the order positions DOGE as a technology modernization entity rather than an organization with direct authority to enact sweeping fiscal reforms. There is no mention, for instance, of trillions in budget cuts or a significant reduction in the federal workforce, though the president did separately enact a hiring freeze throughout the executive branch Monday.

“I can’t help but think that there’s more coming, that maybe more responsibilities will be added to it,” Susan Dudley, a public policy professor at George Washington University, told the Daily Caller News Foundation. Dudley, who was also the top regulatory official in former President George W. Bush’s administration, said the structure of the new USDS could impact the recent lawsuits against the DOGE effort.

“I think it maybe moots the lawsuit that’s been brought for it not being FACA,” Dudley said. “So if this is how it’s organized — that it’s people in the government who bring in these special government employees on a temporary basis, that might mean that the lawsuit doesn’t really have any ground.”

Three organizations — the American Federation of Government Employees (AFGE), National Security Counselors (NSC) and Citizens for Responsibility and Ethics in Washington (CREW) — separately filed lawsuits against DOGE within minutes of Trump signing the executive order. The suits primarily challenge DOGE’s compliance with the Federal Advisory Committee Act (FACA), alleging the department operates without the required transparency, balanced representation and public accountability.

The order also emphasizes not “be construed to impair or otherwise affect … the authority granted by law to an executive department or agency, or the head thereof; or the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.”

“And the only mention of OMB [Office of Management and Budget] is some kind of boilerplate at the end — that it doesn’t affect that. But that’s kind of general stuff you often see in executive orders,” Dudley continued, adding she doesn’t “have an inside track” on whether further DOGE-related executive orders will follow.

“It’s certainly, certainly more modest than I think Musk was anticipating,” Dudley said.

Trump’s order also establishes “DOGE Teams” consisting of at least four employees: a team lead, a human resources specialist, an engineer and an attorney. Each team will be assigned an executive agency with which it will implement the president’s “DOGE agenda.”

It remains unclear whether Monday’s executive order comprehensively defines DOGE, or if additional orders will be forthcoming to broaden its mandate.

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