In 1952, Christine Jorgensen’s arrival in New York after undergoing sex reassignment surgery ignited a media firestorm. Headlines buzzed with fascination and intrigue as she became one of the most written-about figures of the time. Jorgensen’s story wasn’t just about her transformation: it sparked a cultural reckoning.
It marked one of the first times the American public displayed any level of acceptance towards an openly transgender individual reshaping the public imagination and challenging rigid gender norms.
The moment unfolded against the backdrop of a society grappling with profound shifts in gender roles in the aftermath of World War II, which had seen millions of women stepping into the workforce, only to be pressured back into domesticity, while returning male veterans struggled to reclaim their pre-war roles.
Questions about what defined a man or a woman and their places in society fuelled heated debates.
By the 1960s, these tensions helped shape the feminist movement, which actively confronted conservative gender ideals. In this context, Susan Stryker, author of Transgender History, remarked, “Transgender issues have been a touchstone for those debates ever since fate thrust Christine Jorgensen into the spotlight.”
Eliminating non-binary identities
Seventy three years later, on January 20, 2025, Donald Trump marked his return as US president by signing an executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” It mandates that all US federal agencies should recognise only two biological sexes – male and female.
This policy rescinds previous protections for transgender individuals and eliminates the recognition of non-binary identities. Though the order only affects US federal policies directly, its implications extend globally, particularly influencing transgender communities in South Asia.
This is because the effects of Trump’s anti-transgender executive order will reach far beyond US borders through global neo-liberal policies, social media platforms and reporting by the conservative mainstream media.
The US has historically played a significant role in shaping international transgender rights norms. For instance, policies and case laws implemented by the United States often serve as benchmarks globally.
Among these is the momentous Obergefell v. Hodges judgement in 2015 which allowed transgender persons to marry irrespective of their partner’s gender identity and sexual orientation. In addition, the Title IX federal law in 1972 prohibiting discrimination based on gender identity, gender expression and sexual orientation in schools has served as the global benchmark for transgender inclusivity.
In the South Asian context, where traditional gender norms are deeply woven into the social fabric, transgender individuals face significant societal stigma and systemic exclusion. Many of these social prejudices have been challenged in courts of law and by other civil society platforms citing progressive frameworks on transgender people in the US.
Emboldening conservatives
However, the 2025 executive order’s strict binary definition of gender may embolden conservative factions in South Asian countries to resist or roll back transgender rights. This shift could undermine the progress made in recent years, such as the legal recognition of a third gender in India, Pakistan and Nepal.
The reinforcement of binary gender norms could perpetuate discrimination, social exclusion and violence against transgender individuals in the region.
The transgender rights movement and activism in South Asia could be dented. This executive order includes provisions that prohibit the use of federal funds to promote “gender ideology” and mandates the removal of trans-related content and knowledge from federal communications.
This directive could potentially lead to a reduction in funding for international organisations that support transgender rights and provide essential services to transgender communities in South Asia.
Many non-governmental organisations operating in the region rely on international funding, from the global North, primarily the US, to offer healthcare, legal aid, and advocacy for transgender individuals.
A reduction in funding, weaker legal support and social media-led spread of misinformation against transgender people may hinder institutional structures and organisational ability to operate effectively, leaving many transgender individuals without critical resources.
Moreover, the interconnectedness of global human rights underscores the importance of inclusive policies and international solidarity in advancing transgender rights worldwide.
International allies
Transgender advocacy groups in South Asia often look to international allies for support and solidarity. The Trump administration’s 2025 policy shift could weaken international trans-identity-based alliances, leaving South Asian activists isolated in their efforts to combat discrimination and violence against transgender individuals.
In addition, Trump’s order directs the Department of Homeland Security to ensure that federal identification documents reflect biological sex as defined in the directive. This policy could further complicate the immigration process for transgender individuals from South Asia seeking acceptance and opportunities in the United States due to persecution based on their gender identities. It could leave them vulnerable in their home countries.
Transgender and non-binary individuals have historically faced hatred and exclusion. A US federal order cannot erase their identity from the social fabric of history. The global trans community has always persisted with the idea that the greatness of the social world is not based on restriction but inclusion.
Swarupa Deb is a human rights lawyer, academic and a trans-ally. Their email address is swarupa@isec.ac.in
Aniket Nandan is an assistant professor of sociology and co-director of the Centre for Study of Social Inclusion at NLSIU Bengaluru. His email address is aniket.nandan@nls.ac.in
