President Trump has signed a record number of executive orders relating to Diversity, Equity and Inclusion and transgender rights since his inauguration on Jan. 20. Many of these orders could impact university conduct.
Article II of the U.S. Constitution grants presidents the ability to issue executive orders. Executive orders are not made by Congress and therefore do not have the power of federal law. However, according to the American Civil Liberties Union, executive orders do allow presidents to “tell federal agencies how to implement a statute.”
In a Federal Government Transition Update issued on Jan. 24, the CU University Council Vice President Jeremy Hueth addressed the executive orders.
“Priority issues we are reviewing include issues related to potential impacts on grants and grant funding, diversity, equity and inclusion initiatives, and immigration,” he said. “We encourage campuses to follow existing campus policy,” Hueth said.
Universities maintain the right to legally challenge the conditions of each executive order.
The university is still assessing the impact of orders ending DEI and has promised continued updates as new information presents itself.
DEI programs
DEI is an umbrella term for initiatives meant to “address and correct discriminatory policies or practices that may be found within an organization,” according to ABC News. These policies date back to Civil Rights legislation from the 1960s aimed at promoting equality across race, sex and gender. DEI offices enforce antidiscrimination policies.
There were three executive orders signed on Jan. 20 pertaining to DEI programs.
The language of these orders claim that DEI programs have generated “immense public waste and shameful discrimination,” and that the institutions adopting these programs are “dangerous, demeaning and [use] immoral race-and sex-based preferences … that can violate the civil-rights laws of this Nation.”
- Ending Radical and Wasteful Government DEI Programs and Preferencing: This order states that all federal agencies are to “terminate, to the fullest extent allowed by law, all DEI, DEIA and ‘environmental justice’ offices and positions,” and lists actions federal agencies should take to monitor the progress of shutting down DEI programs.
- Ending Illegal Discrimination and Restoring Merit-Based Opportunity: This order revokes previous executive orders pertaining to D.E.I., including Executive Order 11246, signed by Lyndon B. Johnson in 1965, “Equal Employment Opportunity.”
- Initial Rescissions of Harmful Executive Orders and Actions: This order revokes the power of 78 Biden-era executive orders, many of which pertain to the diversity, equity and inclusion of people of color and queer people.
Transgender Rights
There were four major executive orders signed that are related to transgender rights. Two could affect university conduct.
- Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government: This order states that it is “the policy of the United States to recognize two sexes, male and female.” It calls for federal agencies to enforce laws about sex-based rights, opportunities and accommodations. These laws include requiring passports and IDs to reflect the owner’s biological sex. Federal agencies will no longer ask about employees’ gender identity.
- Keeping Men Out of Women’s Sports: This order bans federal funding to sports teams that allow transgender women to compete, bans transgender women from entering the United States if they are planning on competing in a sport, and withdraws the United States from any international competitions that allow transgender athletes. According to Deseret News, the NCAA allowed transgender women to compete in women’s sports if they have undergone one year of hormone therapy prior to the executive order. The NCAA recently changed its policy, banning transgender women from competing in women’s sports. Student athletes can still compete in men’s sports regardless of gender assigned at birth.
These executive orders impact the policies that public schools and universities are allowed to have. The U.S. Department of Education Supporting LGBTQI+ Youth and Families in School policy is revoked. This policy encouraged teachers to use inclusive language and identify safe spaces for students.
Going forward, federal grant requirements and preferences will be reviewed to ensure they are not related to gender ideology, and if they are, their funding will be revoked.
“We recognize the uncertainty and worry our campus communities are experiencing, including some direct impacts on projects and programs. In these times it’s critical to keep our eye on the ball,” Hueth said.
This article is part of a series focusing on how the executive orders from the Trump Administration affect students.
Photo courtesy of History.