Biden Issues Executive Orders Establishing Gender Policy Council & Protections on Sex and Gender Identity in Schools

On March 8, 2021, President Biden issued two executive orders signaling his Administration’s priorities on national gender policy. The first executive order (EO 14020) establishes a new White House Council on Gender Policy, which would largely be responsible for coordinating federal government efforts to advance gender equity and programs that address gender-based issues. The Council will include co-chairs chosen by the White House as well as representatives from major Federal departments and agencies, including the Department of Health and Human Services and the National Science Foundation, and would be tasked with developing a government-wide strategy to advance gender equity and equality within 200 days of the issuance of the order.

The second executive order (EO 14021) guarantees protections against discrimination on the basis of sex or gender, including sexual orientation and gender identity, in schools that receive federal funding, as codified in Title IX of the Education Amendments of 1972. The order also authorizes the Secretary of Education, in consultation with the Attorney General, to review existing regulations that affect sex and gender in schools to consider suspending, revising, or revoking those that do not align with the Administration’s protections.

Both executive orders are available on the White House website.