Restoring Biological Truth and Meritocracy in Government

FAIR enthusiastically supports efforts to eliminate identity-based practices and other policies and programs that deny Americans the right to equal dignity and respect

A U.S flag at the U.S. Capitol Complex - home of the Legislative Branch of the United States federal government, and seat of the United States Congress. Credit: EYEPRESS via Reuters Connect

On January 20th, President Donald Trump signed three Executive Orders entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” “Reforming the Federal Hiring Process and Restoring Merit to Government Service, ” and “Ending Radical and Wasteful Government DEI Programs and Preferencing.” These directives call for extensive changes to federal policy regarding sex and gender identity, identity-based practices in the hiring of civil servants, and the funding of departments and programs that advance identity-based initiatives. While the exact mechanisms to effectuate these Orders remain to be seen, FAIR has reviewed their terms and offers the following analysis.

This Order establishes a federal policy recognizing only two biological sexes—male and female—and enforces laws protecting men and women as distinct sexes. Among its provisions, the directive ensures that males will not be detained in women’s prisons, bans federal funding for gender-transition procedures or ideology, and secures intimate spaces designated for females (or males).

FAIR strongly supports the Order’s foundational premise: “[b]asing Federal policy on truth is critical to scientific inquiry, public safety, morale, and trust in government itself.” This principle aligns with one of FAIR’s core values: that objective truth exists, is discoverable, and that scientific research must remain open, honest, and free from political or social agendas. Since FAIR’s founding, it has sought to correct illiberal policies born out of radical gender ideology when they infringe on the rights of students, parents, teachers, healthcare providers, and working-class Americans.

Many Americans have suffered harm simply because they disagree with this ideology or refuse to comply. Innocent children, as well as vulnerable and often voiceless bystanders, have been caught in the crosshairs of extremist or misguided practices. Schoolchildren—often too young to grasp concepts of sex and gender—have been pressured to declare their “preferred pronouns.” Female inmates have been forcibly housed with males identifying as transgender, causing psychological distress and, in some cases, physical or sexual assault. These harms, largely avoidable and predictable, arose from the federal government’s promotion of gender ideology.

However, it is also crucial to recognize the risk of adopting a heavy-handed approach, based on ideology alone, that may lack nuance. The First Amendment safeguards our ability to explore new ideas and perspectives without fear of violating unconstitutional regulations built on anything less than objective truth. We look forward to an era in which scientists, doctors, educators, and all Americans can freely engage in dialogue. As agencies and institutions return to policies rooted in tolerance and classically liberal principles, FAIR will continue to support its community of members and chapters during this transition.

This Order stipulates that federal agencies and departments must prioritize recruitment of employees who uphold American values and the rule of law; refrain from hiring employees based on their race, sex, or religion; and implement modern technology to identify trends, gaps, and opportunities in hiring.

FAIR agrees that citizens deserve “the highest caliber of civil servants” who are committed to democratic rule that our Constitution promotes. Since its inception, FAIR has advocated for the equal protection of all individuals, regardless of their personal background or immutable characteristics. Too often, qualified candidates have been denied employment or promotion based on a commitment to illegal racial discrimination under the guise of “equity” or a commitment to the subjective concept of “gender identity” over sex.

FAIR supports the Order’s premise that inclusion of these factors in the hiring process is antithetical to American values of universal equality and, moreover, risks penalizing the best-qualified candidates. We therefore commend the adoption of federal policies that engage employees based on value, skill, and merit rather than race, sex, gender, or other characteristics.

While FAIR also applauds efforts to harness technology to identify gaps and opportunities in federal employment, we urge that outreach to prospective employees be comprehensive and include candidates from a wide range of backgrounds, races, perspectives, sexes, and religions. Throughout its history, our country has benefited from a rich tapestry of culture, mind, and spirit that has enabled profound innovation and unique approaches to problems and solutions. In the zeal to eliminate identity-based hiring at the federal level, FAIR hopes the government won’t “throw the baby out with the bathwater” and instead maintain a commitment to the authentic diversity that America thrives on.

Among other things, this Order mandates:

• Termination of all federal Diversity, Equity, and Inclusion (DEI) and Diversity, Equity, Inclusion, and Accessibility (DEIA) programs policies, programs, and preferences, as well as the offices and positions that support them

• Requires federal employees to be rewarded based on merit, without regard to DEI or DEIA factors, goals, mandates, or requirements; and

• Requires assessment of the impact and cost of prior DEI and DEIA programs and policies, and alignment of federal programs and policies with a policy of equal dignity and respect.

FAIR has long contended that identity-based programs and practices that fixate on immutable characteristics have polarized our society and undermined the valuable progress we’ve made over the past half century. The divisive ideology underlying these policies has eroded America’s core principles of universal equality and non-discrimination by urging decision makers to treat some groups differently, and often more favorably, than others.

Although such discriminatory practices are clearly unconstitutional under the Fourteenth Amendment, they have widely been ignored, and enforcement efforts have been minimal. FAIR is therefore heartened to see the federal government take meaningful steps to eliminate these illegal policies and adhere to its responsibility to provide equal protection for all. FAIR enthusiastically supports policies that eliminate identity-based practices and other policies and programs that deny Americans the right to equal dignity and respect.

With regard to the operational impact of DEI and DEIA programs and policies that will soon be eliminated, FAIR notes that the Order specifically references assessment of the number of “DEI hires” under the prior administration. We urge caution in using this term as it may invite speculation, without a firm basis or evidence, regarding an employee’s skills, abilities, or merit and instead make assumptions based on their perceived identity. This flawed mindset led to the divisive and discriminatory identity-based practices that this Order aims to eradicate. We hope and assume that whether going forward or looking backward, all employees will be evaluated based solely on their qualifications and not their personal characteristics.

We are eager to understand how the new administration will roll out the policy changes outlined in these Executive Orders. In the coming weeks we will host a series of webinars where we will bring you subject-matter experts who have expertise in the issues raised by the Orders who will offer their takes, insights, and expectations on what lies ahead. Check back here for updates as our webinar schedule is finalized.