Critical Analysis of Executive Order 13988 Made by Joe Biden

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Joe Biden has recently taken office, becoming the 46th president of the United States of America. At the time of writing, Joe Biden has already signed and published 32 executive orders. One of them, Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, or executive Order 13988, was signed January 20, 2021. It focuses on equal treatment for all, more specifically for LGBTQ members. Joe Biden’s administration will make sure the policies of Executive Order 13988 will be enforced to stop discrimination.

This executive order has multiple specifications and is divided into four sections. The first section goes over the policy. The policy orders that everyone is treated with respect and dignity and receives equal treatment under the law no matter a person’s gender identity, sexual orientation, what they love, and whom they love. It also talks about how children should not have to worry about being denied access to a restroom, lockers, or sports teams. It is important to note that section one clarifies that people who identify as LGBTQ are protected at work under Title VII of the Civil Rights Act of 1964. The executive order references Bostock v. Clayton County, a Supreme Court case decided June 2020, “In Bostock v. Clayton County, 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. Under Bostock's reasoning, laws that prohibit sex discrimination—including Title IX of the Education Amendments of 1972… prohibit discrimination on the basis of gender identity or sexual orientation, so long as the laws do not contain sufficient indications to the contrary.” The court held that homosexuals and transgenders are protected under Title VII, as well as Title IX of the Education Amendments of 1972. Title IX protects students in a Federal financial assisted education program from being discriminated against.

Furthermore, section 2 enforces prohibitions on sex discrimination based on a person’s gender identity or sexual orientation. The head of each “Agency” will have to review all orders, policies, documents, and guidance options for anything relating to Title VII or section 1 of Executive Order 13988. They will also have to make sure that there is no sex discrimination and might have to rewrite their policies to meet certain statutes. Agencies must comply with this executive order and are suggested to see if there is anything else they can do to prevent discrimination from happening. All agencies will have 100 days to comply with this executive order. Section 3 defines agency as any executive department. Finally, section 4 goes over a few general provisions, such as how the order will be implemented with applicable law.

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Policies set by this order are great for the public people. From Executive Order 13988, “It is the policy of my Administration to prevent and combat discrimination on the basis of gender identity or sexual orientation and to fully enforce Title VII and other laws that prohibit discrimination on the basis of gender identity or sexual orientation. It is also the policy of my Administration to address overlapping forms of discrimination.”, by Joe Biden, shows that our president supports equal and fair rights. He is looking to push these policies in effort to lower discrimination from gender identity and sexual orientation. People could see the president setting an example for the actions he has taken in this executive order. This policy can also make the LGTBQ community as well as others more recognized in the sense that they are protected like everyone else. Choosing to include the Bostock v. Clayton County Supreme Court case was a great idea because the people can see that some of the ideas of this policy have been tried before but are in fact protected by the law.

However, problems can arise from this executive order. Joe Biden referencing Title IX can lead to confusion and criticism. Recently there has been quite a bit of talk from the public about how transgenders can use any bathroom they want as well as schools allowing transgenders to play for girls’ sports teams. This is because Joe Biden’s implementation of Title IX in the executive order is very broad. Any violation of Title IX from a Federal financial assisted institute will lose its funding. This leaves schools thinking very carefully to not discriminate against anyone. Decisions and thinking like this can even leave parents and guardians very concerned. The policy says children should not be denied the bathroom, locker room, or school sports. It is important that they are safe, however.

Furthermore, Executive Order 13988 can be seen as just a band-aid to the subject of discrimination and racism. Discrimination happens daily all the time around the United States and the policies mentioned cover discrimination at work and school. Due to people’s beliefs and religious beliefs, an executive order like this might be hard for someone to comply with. People are going to have to make changes with this executive order. If a transgender person wanted to use an opposite-sex bathroom, or a person wanted to use a gender-neutral bathroom, having to see different genders in the bathroom is something to get used to. The last problem that might arise is agencies having to rework and change or even suspend their policies to ensure that they are complying with Executive Order 13988.

In conclusion, Joe Biden, the 46th president of the United States of America, is passing many executive orders that implement different policies. Executive Order 13988 is one of many that focuses on stopping discrimination based on gender identity, as well as sexual orientation. This is a good step in the right path for the American people. Some problems may arise with this executive order, and while discrimination may continue to go on, it is great to see that the president is taking steps to put an end to it.

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Critical Analysis of Executive Order 13988 Made by Joe Biden. (2022, September 27). Edubirdie. Retrieved May 26, 2024, from
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