Takano, Raskin, Connolly Demand OPM Stop Implementing Unconstitutional Anti-Trans EO

WASHINGTON, DC — Today, Congressional Equality Caucus Chair Rep. Mark Takano (CA-39), Ranking Member of the House Committee on the Judiciary Rep. Jamie Raskin (MD-08), and Ranking Member of the House Oversight Committee Rep. Gerald E. Connolly (VA-11) sent a letter to Office of Personnel Management (OPM) Acting Director Charles Ezell, calling on OPM to halt implementation of the anti-trans Executive Order 14168, including by rescinding a January 29, 2025 memorandum on how to carry out the Order:

In the letter, Chair Takano, Ranking Member Raskin, and Ranking Member Connolly state:

“Transgender people are entitled to the same legal protections as all other Americans. Executive Orders cannot override the Constitution, federal laws, or Supreme Court precedent. Executive Order 14168 and the January 29, 2025, implementing memo attempt to unlawfully override all three. Alarmingly, this and other Executive Orders targeting the transgender community contain language demonstrating animus against that community. Animus is neither an important nor legitimate government interest, and government policies motivated by animus are clear violations of the Constitution’s guarantee of equal protection of the laws.”

Takano, Raskin, and Conolly continue:

“The implementation of the January 29, 2025, memorandum in accordance with Executive Order 14168 would end trainings for the federal workforce and private employers about their obligations to transgender people under Title VII of the Civil Rights Act and other federal laws that protect transgender people. This memorandum would also require agencies to cancel contracts that have already been finalized and that businesses and organizations are relying on. The revocation of grants and other programs that support human rights abroad will put people’s lives in jeopardy. Congress has taken numerous steps to explicitly protect the civil rights, safety, and health of transgender people,  and it is impossible for the executive branch to simultaneously enforce these laws while also complying with this EO; for example, it is impossible for the federal government to adequately address and collect data on hate crimes against the transgender community, pursuant to the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, if the government cannot acknowledge the existence of transgender people. In addition, the memo’s directive to withdraw regulations in a matter of days contradicts the Administrative Procedure Act.”

Takano, Raskin, and Connolly further continue:

“We are deeply alarmed by these and other actions the Trump Administration has taken in its first few weeks to eliminate all government support for the transgender community, including efforts designed to enforcing the rights and support the health of transgender individuals.  We are also appalled by the Administration’s attempts to weaponize federal agencies to target the transgender community for discrimination and exclusion. These actions contradict federal law, Supreme Court precedent, and most importantly the Constitution’s guarantee of equal protection under the law.”

Read the full letter here.