Summary

As expected, the newly inaugurated US president, Joe Biden, proceeded with his intent to erase the rights, privacy and safety of women and girls yesterday. Biden’s Executive Order does NOT mean that Congress has enacted the Equality Act. What it means is that henceforth, federal agencies will be required to interpret the word “sex” to include “gender identity” and sexual orientation.

Send a letter today

Below is a sample letter you can send immediately to the White House Contact Page to tell the Administration what a disaster this EO will be for women and girls. There is a space for pronouns, and if you click on “other,” it lets you comment. Feel free to let them know the importance of using sex-based pronouns!

Please note also that the text below just fits within the field allowed for comments on the White House’s contact page. You are more than welcome to add and/or edit, but you may bump up against the character limit. The text below fits!

Dear Mr. President and Madame Vice President,

Your new “Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation” does a grave disservice to women and girls, including lesbians, and misstates the current state of the law.

The law must maintain the centrality of the category of sex, not “gender identity,” in relation to women’s and girls’ right to be free from discrimination.

It is widely understood that discrimination against women means any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women of human rights and fundamental freedoms. Notwithstanding anything that the Supreme Court has said, so-called “gender identity” makes a mockery of women’s rights.

The inclusion of men who claim to have a female “gender identity” into the category of women in law, policies, and practice constitutes discrimination against women by impairing the recognition of women’s sex-based human rights.

The Executive Order misunderstands the Supreme Court’s ruling in Bostock. Contrary to the language in the Executive Order, Bostock did not hold that Title VII’s prohibition on discrimination “because of … sex” covers discrimination on the basis of “gender identity.” Instead, it held, without definition or explanation, that the prohibition on discrimination on the basis of sex covers discrimination on the basis of so-called “transgender status.” No one, including the justices, appears to know what, exactly, that means. Contrary to popular understanding, the Bostock decision did not affect the Constitutionality of sex-specific dress codes. In any event, the Court held, contrary to the language in your Executive Order, that its decision did not extend beyond Title VII.

For additional information, please see the Declaration on Women’s Sex-Based Rights, specifically Article 1.

Please retract the Executive Order immediately.