The Social Security Administration (SSA) announced on Friday, January 31, that it will no longer accept requests to change sex markers in its records, an unexpected shift that has sparked concern and outrage within the LGBTQ+ community. The new policy, communicated internally through an emergency memo, will only recognize the traditional male (M) and female (F) markers in the SSA’s Numerical Identification System (NUMIDENT), a computer database that tracks personal information, including a person’s full name, date of birth, gender, and Social Security Number (SSN).
According to Chris Geidner, a legal expert at the website Law Dork, the memo explicitly directs SSA staff to refuse any changes from “M” to “F” or vice versa, signaling a direct response to a sweeping executive order issued by former President Donald Trump. The order, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” mandates that the federal government only recognize two sexes—male and female—based on reproductive biology at conception.
The memo, which was sent out by the SSA’s Office of Retirement and Disability Policy, raises additional concerns, particularly for individuals with gender markers labeled as “X,” which is used for nonbinary or gender-nonconforming people. The SSA memo does not specify how the agency will handle these individuals, leaving a significant gap in the policy that LGBTQ+ advocates say could further marginalize vulnerable communities.
LGBTQ+ Advocates Criticize Policy Change
LGBTQ+ advocates have harshly criticized the new directive, arguing that it further alienates already marginalized groups, especially transgender and nonbinary individuals. “The Trump administration is obsessed with controlling every aspect of people’s lives, including their gender identity,” said one advocate, noting that the SSA’s move comes as part of a larger pattern of policies aimed at limiting gender expression and recognition.
The policy change is in direct response to Trump’s executive order, which insists that the federal government only acknowledge two sexes—male and female—based on the biological characteristics assigned at birth. The order has been widely seen as an effort to impose a rigid, binary understanding of sex and gender across all federal agencies.
Shortly before the SSA issued its directive, the U.S. Office of Personnel Management (OPM) sent a similar memo to all federal agencies, ordering them to comply with Trump’s executive order by January 31. The timing of the SSA’s announcement coincided with the OPM deadline, signaling that the shift is part of a broader government initiative to limit recognition of gender beyond male and female.
Removal of Gender-Related Information from SSA Websites
The SSA’s move to halt changes to sex markers is not an isolated incident. In the wake of Trump’s executive orders, the agency has quietly removed a section from its website that previously provided guidance on how individuals could update their gender identification. This information, which had previously helped transgender individuals correct their gender markers in SSA records, was wiped from the site soon after Trump signed the order into effect.
Fortunately, proactive internet users, anticipating such actions, archived the original content, preserving the lost information. LGBTQ+ advocates have expressed concern that these website changes are part of a broader effort to erase critical resources for transgender and nonbinary individuals, especially in the face of political opposition to gender-inclusive policies.
Additionally, the SSA has removed mentions of sexual orientation and gender identity from its Civil Rights and Compliance page, another sign of the administration’s ongoing efforts to curtail protections for LGBTQ+ people within federal agencies.
Legal Challenges and Warnings from Lawmakers
Despite the implementation of these executive orders, many legal experts and government officials warn that these actions could violate federal law and constitutional protections. Executive orders are not automatically enforceable and often require further legal processes to take effect. Many of Trump’s orders, including the one restricting gender identification changes, are currently being challenged in court for potential violations of civil rights and anti-discrimination laws.
New York Attorney General Letitia James has been outspoken in her opposition to the executive order, writing a letter to NYU Langone Health urging the hospital to continue providing puberty blockers and other gender-affirming care to transgender youth. James warned that refusal to provide such treatments could violate New York’s state anti-discrimination laws, which protect LGBTQ+ individuals from being denied medical care based on their gender identity.
James’ intervention came after NYU Langone began turning away patients seeking gender-affirming care, citing concerns over the potential loss of federal funding as a result of Trump’s order. This move has sparked wider concerns about the impact of the executive order on medical care for transgender individuals, particularly as it could lead to a chilling effect on healthcare providers across the country.
Wider Implications for LGBTQ+ Rights
The SSA’s decision to stop accepting sex marker changes and the ongoing implementation of Trump’s executive orders have raised alarms across the LGBTQ+ community. Critics argue that the actions are part of a broader effort to roll back the rights and protections of LGBTQ+ individuals, particularly those who are transgender or nonbinary.
In response to these changes, many LGBTQ+ organizations have vowed to continue fighting for the rights of gender-diverse individuals, including advocating for legal challenges to the executive orders and pushing for stronger protections at the state and federal levels.
As these policies unfold, the LGBTQ+ community and its allies are bracing for further efforts to curtail gender inclusivity in federal systems. However, many are also preparing to challenge these policies in court, as the battle over LGBTQ+ rights continues to intensify in the wake of Trump’s presidency. The full impact of these changes on transgender and nonbinary individuals remains to be seen, but advocates are determined to ensure that their voices are heard in the fight for equality and recognition.
