Q: Can an Executive Order invalidate state law on gender recognition?
Can a President use an Executive Order to invalidate state law regarding gender recognition on legal documents? I am a trans woman, raised in Georgia and currently living in Wisconsin. I legally amended my birth certificate in both states to reflect my gender as female according to their respective legal processes. I intend to apply for a U.S. passport, and I am concerned that an executive order from former President Trump may allow the State Department to refuse to recognize my gender, which contradicts state law. I understand the Constitution's Supremacy Clause allows Congress to supersede state laws, but not the President or the State Department. I want to understand whether there is a strong legal basis for this argument, especially if I need to reference cases like Kent v Dulles to assert my rights in court. Is this executive order essentially invalidating state law, and how can I challenge it effectively?
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