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NSA employee sues Trump administration over order on transgender rights and two 'immutable' genders

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NSA employee sues Trump administration over order on transgender rights and two 'immutable' genders
News

News

NSA employee sues Trump administration over order on transgender rights and two 'immutable' genders

2025-12-23 00:58 Last Updated At:01:00

A transgender employee of the National Security Agency is suing the Trump administration and seeking to block enforcement of a presidential executive order and other policies the employee says violate federal civil rights law.

Sarah O'Neill, an NSA data scientist who is transgender, is challenging President Donald Trump’s Inauguration Day executive order that required the federal government, in all operations and printed materials, to recognize only two “immutable” sexes: male and female.

According to the lawsuit filed Monday in a U.S. District Court in Maryland, Trump's order “declares that it is the policy of the United States government to deny Ms. O’Neill’s very existence.”

The White House did not immediately respond to a request for comment.

The order, which reflected Trump's 2024 campaign rhetoric, spurred policies that O'Neill is challenging, as well.

Since Trump initial executive action, O'Neill asserts the NSA has cancelled its policy recognizing her transgender identity and “right to a workplace free of unlawful harassment,” while “prohibiting her from identifying her pronouns as female in written communications" and “barring her from using the women’s restroom at work.”

O'Neill contends those policies and the orders behind them create a hostile work environment and violate Section VII of the Civil Rights Act. The U.S. Supreme Court ruled in 2020 that Section VII's prohibition on discrimination based on sex applied to gender identity.

“We agree that homosexuality and transgender status are distinct concepts from sex,” the court’s majority opinion stated. “But, as we’ve seen, discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second.”

O'Neill's lawsuit argued, “The Executive Order rejects the existence of gender identity altogether, let alone the possibility that someone’s gender identity can differ from their sex, which it characterizes as ‘gender ideology.’”

In addition to restoring her workplace rights and protections, O'Neill is seeking financial damages.

Trump's order was among a flurry of executive actions he took hours after taking office. He has continued using executive action aggressively in his second presidency, prompting many legal challenges that are still working their way through the federal judiciary.

President Donald Trump gestures as he arrives on Air Force One at Palm Beach International Airport, Saturday, Dec. 20, 2025, in West Palm Beach, Fla. (AP Photo/Alex Brandon)

President Donald Trump gestures as he arrives on Air Force One at Palm Beach International Airport, Saturday, Dec. 20, 2025, in West Palm Beach, Fla. (AP Photo/Alex Brandon)

President Donald Trump displays an executive order reclassifying marijuana as a less dangerous drug in the Oval Office of the White House, Thursday, Dec. 18, 2025, in Washington. (AP Photo/Evan Vucci)

President Donald Trump displays an executive order reclassifying marijuana as a less dangerous drug in the Oval Office of the White House, Thursday, Dec. 18, 2025, in Washington. (AP Photo/Evan Vucci)

The leaders of Denmark and Greenland insisted Monday that the United States won't take over Greenland and demanded respect for their territorial integrity after President Donald Trump ‍​announced ​the appointment of a ‌special envoy to the semi-autonomous territory.

Trump's announcement on Sunday that Louisiana Gov. Jeff Landry would be the envoy prompted a new flare-up of tensions over Washington's interest in the vast territory of Denmark, a NATO ally. Denmark's foreign minister told Danish broadcasters that he would summon the U.S. ambassador to his ministry.

”We have said it before. Now, we say it again. National borders and the sovereignty of states are rooted in international law," Danish Prime Minister Mette Frederiksen and her Greenlandic counterpart, Jens-Frederik Nielsen, said in a joint statement. “They are fundamental principles. You cannot annex another country. Not even with an argument about international security.”

“Greenland belongs to the Greenlanders and the U.S. shall not take over Greenland,” they added in the statement emailed by Frederiksen's office. "We expect respect for our joint territorial integrity.”

Trump called repeatedly during his presidential transition and the early months of his second term for U.S. jurisdiction over Greenland, and has not ruled out military force to take control of the mineral-rich, strategically located Arctic island. In March, Vice President JD Vance visited a remote U.S. military base in Greenland and accused Denmark of under-investing there.

The issue gradually drifted out of the headlines, but in August, Danish officials summoned the top U.S. diplomat in Copenhagen following a report that at least three people with connections to Trump had carried out covert influence operations in Greenland.

On Sunday, Trump announced Landry's appointment, saying on social media that “Jeff understands how essential Greenland is to our National Security, and will strongly advance our Country’s Interests for the Safety, Security, and Survival of our Allies, and indeed, the World.”

Landry wrote in a post on social media that “it’s an honor to serve you in this volunteer position to make Greenland a part of the U.S.”

The Trump administration did not offer any warning ahead of the announcement, according to a Danish government official, who spoke on condition of anonymity to discuss internal deliberations.

The official also said Danish officials had expected Trump to signal an aggressive approach to Greenland and the Arctic in the U.S. administration’s National Security Strategy that was published last month and were surprised when the document included no mention of either.

Danish broadcasters TV2 and DR reported that in comments from the Faroe Islands Monday, Danish Foreign Minister Lars Løkke Rasmussen said he summon the U.S. ambassador in Copenhagen, Kenneth Howery, to his ministry.

Greenland's prime minister wrote in a separate statement that Greenland had again woken up to a new announcement from the U.S. president, and that “it may sound significant. But it changes nothing for us here at home.”

Nielsen noted that Greenland has its own democracy and said that “we are happy to cooperate with other countries, including the United States, but this must always take place with respect for us and for our values and wishes.”

Earlier this month, the Danish Defense Intelligence Service said in an annual report that the U.S. is using its economic power to “assert its will” and threaten military force against friend and foe alike.

Denmark is a member of the European Union as well as NATO. Anouar El Anouni, a spokesperson for the EU's executive Commission, told reporters in Brussels that it wasn't for him to comment on U.S. decisions. But he underlined the bloc's position that "preserving the territorial integrity of the Kingdom of Denmark, its sovereignty and the inviolability of its borders is essential for the European Union.”

Associated Press writer Aamer Madhani in Washington contributed.

FILE - Louisiana Gov. Jeff Landry speaks to reporters at the Louisiana State Penitentiary in Angola, La., Sept. 3, 2025. (AP Photo/Gerald Herbert, File)

FILE - Louisiana Gov. Jeff Landry speaks to reporters at the Louisiana State Penitentiary in Angola, La., Sept. 3, 2025. (AP Photo/Gerald Herbert, File)

FILE - Denmark's Prime Minister Mette Frederiksen, right, and Greenland's Prime Minister Jens-Frederik Nielsen smile during their meeting at Marienborg in Kongens Lyngby, Denmark, on April 27, 2025. (Mads Claus Rasmussen/Ritzau Scanpix via AP, File)

FILE - Denmark's Prime Minister Mette Frederiksen, right, and Greenland's Prime Minister Jens-Frederik Nielsen smile during their meeting at Marienborg in Kongens Lyngby, Denmark, on April 27, 2025. (Mads Claus Rasmussen/Ritzau Scanpix via AP, File)

FILE - Vice President JD Vance and second lady Usha Vance tour the U.S. military's Pituffik Space Base in Greenland, Friday, March 28, 2025. (Jim Watson/Pool via AP, File)

FILE - Vice President JD Vance and second lady Usha Vance tour the U.S. military's Pituffik Space Base in Greenland, Friday, March 28, 2025. (Jim Watson/Pool via AP, File)

FILE - Denmark's Foreign Minister Lars Loekke Rasmussen speaks during a Security Council meeting at the United Nations headquarters, Tuesday, Sept. 23, 2025, at U.N. headquarters. (AP Photo/Yuki Iwamura, File)

FILE - Denmark's Foreign Minister Lars Loekke Rasmussen speaks during a Security Council meeting at the United Nations headquarters, Tuesday, Sept. 23, 2025, at U.N. headquarters. (AP Photo/Yuki Iwamura, File)

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