Trump's 'two sexes' executive order comes on heels of SCOTUS accepting another challenge to LGBT agenda

Last week, SCOTUS agreed to hear Mahmoud v. Taylor, which would determine whether schools can force teachers to read LGBTQ books to elementary-age children despite parental objections. At issue is whether parents will have the right to opt their children out of such instructions.

"If the Supreme Court's doing its job, it shouldn't impact [the case decisions] at all," Heritage Foundation senior legal fellow Sarah Marshall Perry told Fox News Digital in an interview. "What Trump's executive order was is a statement of really what the policies are going to be for the executives going forward into the new administration. And he did exactly what [former President Joe] Biden did with his executive order expanding sex to include gender identity."

Perry noted the separation of powers between the executive and judiciary branches, adding that while the executive is mostly a political entity, the judiciary is non-political. 

She also pointed out that the executive order should not influence the Supreme Court's decision-making, adding, "The executive order should have absolutely no bearing on what the Supreme Court decides going forward."

In another case that already had their oral arguments heard last year, Skrmetti v. U.S., the higher court is weighing whether the equal protection clause, which guarantees equal treatment under the law for individuals in similar circumstances, prevents states from banning medical providers from offering puberty blockers and hormone treatments to children seeking transgender surgical procedures. 

"I think the American people are gratified that they've got a president who is common sensical, who recognizes biological reality, who recognizes the text of civil rights law and the rule of law itself, and now they're going to say we have someone who was willing to stand in the gap for us, including through the Department of Justice, if the cases get all the way to the Supreme Court," Perry said. "But parents should, and I think will, be involved to be able to bring more legal challenges."

"I think this election really sort of rises to shift, not just politically, but for many people philosophically as well, because we recognize that America was sort of pulled back from the perilous brink on even understanding what it meant to be male and female, even understanding what it meant to live amicably in a pluralistic society," Perry said. "We are now, I think, thankfully, seeing a rebirth of those long-standing beneficial ideas."

It prohibits the use of gender identity in legal and administrative contexts, mandates that federal agencies, including those overseeing housing, prisons, and education, adhere to this definition when enforcing laws and issuing regulations. The order directs changes to government-issued identification documents, bans the promotion of "gender ideology" in federal programs, rescinds previous executive actions that promoted gender identity inclusion and instructs federal agencies to eliminate guidance or regulations that conflict with the new policy.

Trump's executive order reverses the Biden administration's executive order titled "Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation," signed in 2021, which directed federal agencies to interpret and enforce civil rights laws to prohibit discrimination based on gender identity and sexual orientation.