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Tipsheet

President Biden Signs Executive Order Prioritizing 'Gender Identity' Over Biology

AP Photo/Evan Vucci

President Biden signed a host of executive orders on Wednesday, including one that takes aim at gender and sex-based discrimination. The newly-minted president said that his administration hopes to ensure that Americans receive “equal treatment under the law” without gender or sexual orientation as a factor. 

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The order goes hand-in-hand with a Supreme Court ruling from June of 2020 in Bostock v. Clayton County, in which the the high court held that workplace discrimination based on gender identity or sexual orientation is a violation of Title VII of the Civil Rights Act of 1964. 

“All persons should receive equal treatment under the law, no matter their gender identity or sexual orientation,” Biden wrote on Wednesday. “These principles are reflected in the Constitution, which promises equal protection of the laws.  These principles are also enshrined in our Nation’s anti-discrimination laws, among them Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e et seq.).  In Bostock v. Clayton County, 590 U.S. ___ (2020), the Supreme Court held that Title VII’s prohibition on discrimination ‘because of . . . sex’ covers discrimination on the basis of gender identity and sexual orientation.”

The president’s order would allow subjective gender identity to take priority in schools, and the administration said that children should not be concerned about “being denied access to the restroom, the locker room, or school sports.” In turn, the order would allow biological males to compete with biological females, for the sake of gender identity.

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In his quest for "unity" Biden is expected to sign even more executive orders during the first days of his administration.

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