There’s an article on NPR, ‘Segregated facilities’ are no longer explicitly banned in federal contracts : Shots – Health News : NPR. It says what you’d expect from the headline. Trump signed an executive order rescinding a Lyndon Johnson executive order from 1965. The specific clause that was revoked says, “The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained.” The specific categories that cannot be segregated are, “race, color, religion, sex, sexual orientation, gender identity, or national origin.” Obama added the gender identity part during his time in office.
The article speculates that it is the gender identity part of the executive order that caught Trump’s attention and caused the new executive order. It’s part of the administration’s attacks on trans people. I agree that that’s likely. However, he rescinded the entirety of the order.
It’s unclear what this action by Trump will do in practice. The Civil Rights Act of 1964 still makes segregation illegal. And there are state laws that also ban the practice. So, it will be up to the courts to interpret the order. It’s possible that if gender identity is not explicitly mentioned in the Civil Rights Act, that the courts will let those that identify differently than what’s on their birth certificates get segregated facilities. It’s also possible that the courts may rule against Trump, but Trump will ignore the courts. We’ve already seen cases of that happening with the deportations. And there’s no telling what the Supreme Court may do. After overturning Roe, I wouldn’t put anything past them. They might even declare the Civil Rights Act unconstitutional. Who knows?
Another possibility is that this is a purely symbolic move by Trump. He knows that there will be no practical effect. It’s still a hateful gesture, though. It contributes to the othering of LGBTQIA+ people, immigrants, women, ethnic minorities, and racial minorities.
Hate is the point of so much of what this administration is doing. That’s what’s so disturbing. I find it more disturbing than the BS and the illegalities. Last I saw, Trump’s approval rating was at 44%. 44% of Americans are hate filled and despicable. And they’re too stupid to realize that it won’t stop with gender identity. As Trump solidifies his power, he will come for them, too. But by then it will be too late.
