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| Pix credit portion of painting Fight Between Carnival and Lent 1559 |
Presidents have been complaining about the autonomy, culture, predilections, and loyalties of the foreign service and its diplomatic corps almost from the start of the Republic. That is their right, of course; American tend to complain loudly and publicly about virtually everything, whether or not it is public or private in nature. There is, of course, a resulting strong mutuality of sometimes low regard by the diplomatic corps either directed toward the sitting President or those officials appointed by him (and perhaps eventually her or them) to oversee their work--but of course more discretely (sometimes). At times, either or both have questions not just the loyalty but the merits of either to hold or occupy the positions to which they were elected or appointed. That reflex is also as old as the Republic and, in the U.S. context at least, an essential part of the political culture of liberal democracy with American characteristics. It is, a least metaphorically, as Hobbes put it in his Leviathan and for another context: one of "continual fear, and danger of violent death; and the life of man, solitary, poor, nasty, brutish, and short" (Leviathan, i. xiii. 9).
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| Pix credit Peter Breughel Younger, Peasant Fight 1620 |
Neither primary political faction is blameless or innocent; both might be said to have facilitated and embraced strategies that augmented skewing behaviors away from a stabilizing core of balancing oppositions. And one might see in the passionate "reforms," on both the left and right (politically and culturally and socially) the consequences of excess that exuberance implied by the instability of the times might produce. As one might say in the current vernacular: hysteria is not a good look for the American political classes or the officials populating the administrative organs of state. In recent times that could be said of the leaders (and their factional supporters) on all sides (there are more than two of course) of the proverbial aisle sine at least the late 19th century (in its contemporary form. Everyone has their favorite--depending of course of where they situate themselves within the spectrum of available zealous causes.
The relations between the President and the diplomatic corps are a sort of bellwether for the state of political engagement in the US on the level of operational solidarity. What animates it now, and amplifies that animation in the context of what may be understood as more tumultuous times (at least in terms of normative solidarity) is a normative factional conflict that has become a significant marker of factional differentiation in the contemporary political area, and perhaps a contributor to what might be perceived as a greater instability that in the era preceding it. In the current era an important bellwether (an old one though now appearing in perhaps substantially distinctive form), and one again animating all sides of the political and social aisle), is what has now been reduced to a sort of orthodoxy and counter-orthodoxy (each with its own structures of discipline) that might at times be observed to be used to describe a cluster of attitudes and actions intended to be transformative (in accordance with whatever variant one adheres or points to) as something like a supreme good or a supreme evil. That bellwether--diversity, equity, and inclusion, along with its ecologies of academic theorization, modalities of operationalization, and general approaches to the cognition of society, the state, and their ideal form--remains at the forefront of the political expression of the administration of Presidents Biden and Trump. It is just that between them the polarities have been reversed. Thus, while between 2021 and 2025 there now appears to be a radical repositioning of factional positions on the issue--that is in terms of which faction controls the apparatus of state in a way to further their own views and operationalize them within government, and through government, elsewhere.
It ought to come as no surprise then, that while Mr. Biden sought to both celebrate and embed what we can (for the moment) label DEI) within the structures of the state and from there throughout the nation, Mr. Trump is seeking both to undo that celebration and substitute it with one of his own, which comes under its own label--merit. This dismantling and rebuilding is intended for embedding both within the structures of state organs and in the larger society. It is in this context that one can understand both the nature and form of Mr. Trump's 19 March Executive Order--Removing Discrimination and Discriminatory Equity Ideology From the Foreign Service (Presidential Actions
Over the last 4 years, divisive and discriminatory policies were systematically embedded into every part of the Federal Government, including hiring processes and employee performance evaluations in the Foreign Service. It is the policy of the Federal Government that hiring in foreign policy positions, like hiring in all other parts of the Government, shall be based solely on merit.
And the ideological battleground is also clearly defined: the President no longer speaks to DEI or its related terminologies, but rather to “discriminatory equity ideology”(Ibid., § 2(a)), which was defined in an earlier Executive Order (No. 14190—Ending Radical Indoctrination in K–12 Schooling). Just as DEI could be proffered as a curative tonic that would move the political, cultural, and political structures of the nation forward (putting aside for the moment the sometimes passionate disagreements within this normative ecology) so can it be recast as the poison that will undo the social, cultural and political structures of the nation. What was positive for one group becomes its antithesis for the other--subversive, anti-American, threatening to political liberties, radically transformative of traditional values, etc.
Imprinting anti-American, subversive, harmful, and false ideologies on our Nation's children not only violates longstanding anti-discrimination civil rights law in many cases, but usurps basic parental authority. For example, steering students toward surgical and chemical mutilation without parental consent or involvement or allowing males access to private spaces designated for females may contravene Federal laws that protect parental rights, including the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA), and sex-based equality and opportunity, including Title IX of the Education Amendments of 1972 (Title IX). Similarly, demanding acquiescence to “White Privilege” or “unconscious bias,” actually promotes racial discrimination and undermines national unity. (No. 14190—Ending Radical Indoctrination in K–12 Schooling; § 1).
Perhaps equally important and not directly connected to Mr. Trump's 19 March Executive Order--Removing Discrimination and Discriminatory Equity Ideology From the Foreign Service (Presidential Actions was Section 4 of EO 14190. This section provided both for the resurrection of President Trump's Advisory 1776 Commission but also more importantly, and in the style (ironically) of DEI norms naturalization measures within the population), for the ramping up of a patriotic campaign along the lines of instilling values that were the opposite of those now rejected. These anti-values were specified with some particularity in Section of EO 14190.
When EO 14190 is transposed to the State Department as a normative operational baseline by a President that has been known to voice distrust (like his predecessors) of the those who serve the state under his leadership and guidance, the threat becomes aligned with the Presidents ability to project his view of foreign relations through his officials (again not a unique event but one here amplified by the passions around the measure of solidarity itself contributing to instability in transitions). And thus the campaign to root this out under the current administration with a passion that perhaps aligns with that of Mr. Trump's predecessor for attempting the opposite. It will be interesting to see whether the Secretary of State also transposes the mechanisms of the patriotic campaigns already envisioned for the training of the nation's children to the diplomatic corps. Certainly that might be possible through a reading of Removing Discrimination and Discriminatory Equity Ideology From the Foreign Service § 3. And, indeed, while the battle on an important level is about normative structures of national solidarity and its basis, the more specific target in the State Department is the cultivation of a diplomatic corps more amenable to Mr. Trump's notion of America First and his potentially quite different agenda for foreign relations.
What makes this (again) interesting is the alignment between ideological campaigns in the US version of a liberal democratic social-political order and the instrumentalization of the organs of government to first embed and then project factional battling through them into the population on (or for) whom all of this is meant to produce some benefit. Certainly both the normative battles, and its structural consequences for the orderly operation of the state and its organs are important. But perhaps more important still is the way in which the normative factional battles both within and outside state organs now appear to be transforming, and with the transformation perhaps also reshaping the basic operational nature of the state and its organs.
The text of Removing Discrimination and Discriminatory Equity Ideology From the Foreign Service and of No. 14190—Ending Radical Indoctrination in K–12 Schooling follow below.
MEMORANDUM FOR THE SECRETARY OF STATE
THE SECRETARY OF AGRICULTURE
THE SECRETARY OF COMMERCE
THE ADMINISTRATOR OF THE UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOPMENT
THE CHIEF EXECUTIVE OFFICER OF THE
UNITED STATES AGENCY FOR GLOBAL MEDIA
SUBJECT: Removing Discrimination and Discriminatory Equity
Ideology From the Foreign Service
Section 1. Policy and Purpose. Over the last 4 years, divisive and discriminatory policies were systematically embedded into every part of the Federal Government, including hiring processes and employee performance evaluations in the Foreign Service. It is the policy of the Federal Government that hiring in foreign policy positions, like hiring in all other parts of the Government, shall be based solely on merit.
Sec. 2. Definitions. For the purposes of this memorandum:
(a) “discriminatory equity ideology” shall have the meaning given that phrase in section 2 of Executive Order 14190 of January 29, 2025 (Ending Radical Indoctrination in K-12 Schooling);
(b) “Department,” “Foreign Service,” and “Secretary” shall have the meanings given those terms in 22 U.S.C. 3902; and
(c) “Foreign Service Member” means an individual described by 22 U.S.C. 3903.
Sec. 3. Equality and Non-Discrimination in the Foreign Service. (a) The Secretary of State shall, consistent with applicable law, promptly revise the 2022-2025 Decision Criteria for Tenure and Promotion in the Foreign Service, issued under section 2326.2 of title 3 of the Foreign Affairs Manual, to remove any reference to the Core Precept entitled “Diversity, Equity, Inclusion, and Accessibility.” The Secretaries shall promptly direct all employees of their Departments not to give this Core Precept any force or effect.
(b) The Secretaries shall direct all officers and employees of their Departments not to:
(i) base Foreign Service recruitment, hiring, promotion, or retention decisions upon an individual’s race, color, religion, sex, or national origin; or
(ii) while acting in an official capacity, promote, advocate for, or otherwise inculcate support for discriminatory equity ideology.
(c) The Secretaries shall determine if any current Foreign Service Members have knowingly and willfully engaged in unconstitutional or otherwise illegal discrimination based upon race or other protected characteristics, including actions motivated by discriminatory equity ideology. Consistent with Executive Order 14211 of February 12, 2025 (One Voice for America’s Foreign Relations) the Secretaries shall:
(i) with respect to Foreign Service Members appointed by a Secretary whom that Secretary finds to have engaged in such discrimination, take appropriate action; and
(ii) with respect to Foreign Service Members appointed by the President, determine whether to refer any findings of discrimination for the President’s consideration or take appropriate action under the Secretary’s own authority.
Sec. 4. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and
Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP* * *
Executive Order 14190 of January 29, 2025
Ending Radical Indoctrination in K-12 Schooling
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:Section 1 . Purpose and Policy. Parents trust America's schools to provide their children with a rigorous education and to instill a patriotic admiration for our incredible Nation and the values for which we stand.
In recent years, however, parents have witnessed schools indoctrinate their children in radical, anti-American ideologies while deliberately blocking parental oversight. Such an environment operates as an echo chamber, in which students are forced to accept these ideologies without question or critical examination. In many cases, innocent children are compelled to adopt identities as either victims or oppressors solely based on their skin color and other immutable characteristics. In other instances, young men and women are made to question whether they were born in the wrong body and whether to view their parents and their reality as enemies to be blamed. These practices not only erode critical thinking but also sow division, confusion, and distrust, which undermine the very foundations of personal identity and family unity.
Imprinting anti-American, subversive, harmful, and false ideologies on our Nation's children not only violates longstanding anti-discrimination civil rights law in many cases, but usurps basic parental authority. For example, steering students toward surgical and chemical mutilation without parental consent or involvement or allowing males access to private spaces designated for females may contravene Federal laws that protect parental rights, including the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA), and sex-based equality and opportunity, including Title IX of the Education Amendments of 1972 (Title IX). Similarly, demanding acquiescence to “White Privilege” or “unconscious bias,” actually promotes racial discrimination and undermines national unity.
My Administration will enforce the law to ensure that recipients of Federal funds providing K-12 education comply with all applicable laws prohibiting discrimination in various contexts and protecting parental rights, including Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq.; Title IX, 20 U.S.C. 1681 et seq.; FERPA, 20 U.S.C. 1232g; and the PPRA, 20 U.S.C. 1232h.
Sec. 2 . Definitions. As used herein:
(a) The definitions in the Executive Order “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” (January 20, 2025) shall apply to this order.
(b) “Discriminatory equity ideology” means an ideology that treats individuals as members of preferred or disfavored groups, rather than as individuals, and minimizes agency, merit, and capability in favor of immoral generalizations, including that:
(i) Members of one race, color, sex, or national origin are morally or inherently superior to members of another race, color, sex, or national origin;
(ii) An individual, by virtue of the individual's race, color, sex, or national origin, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;
(iii) An individual's moral character or status as privileged, oppressing, or oppressed is primarily determined by the individual's race, color, sex, or national origin;
(iv) Members of one race, color, sex, or national origin cannot and should not attempt to treat others without respect to their race, color, sex, or national origin;
(v) An individual, by virtue of the individual's race, color, sex, or national origin, bears responsibility for, should feel guilt, anguish, or other forms of psychological distress because of, should be discriminated against, blamed, or stereotyped for, or should receive adverse treatment because of actions committed in the past by other members of the same race, color, sex, or national origin, in which the individual played no part;
(vi) An individual, by virtue of the individual's race, color, sex, or national origin, should be discriminated against or receive adverse treatment to achieve diversity, equity, or inclusion;
(vii) Virtues such as merit, excellence, hard work, fairness, neutrality, objectivity, and racial colorblindness are racist or sexist or were created by members of a particular race, color, sex, or national origin to oppress members of another race, color, sex, or national origin; or
(viii) the United States is fundamentally racist, sexist, or otherwise discriminatory.
(c) “Educational service agency” (ESA) has the meaning given in 20 U.S.C. 1401(5), and the terms “elementary school,” “local educational agency” (LEA), “secondary school,” and “state educational agency” (SEA) have the meanings given in 34 CFR 77.1(c).
(d) “Patriotic education” means a presentation of the history of America grounded in:
(i) an accurate, honest, unifying, inspiring, and ennobling characterization of America's founding and foundational principles;
(ii) a clear examination of how the United States has admirably grown closer to its noble principles throughout its history;
(iii) the concept that commitment to America's aspirations is beneficial and justified; and
(iv) the concept that celebration of America's greatness and history is proper.
(e) “Social transition” means the process of adopting a “gender identity” or “gender marker” that differs from a person's sex. This process can include psychological or psychiatric counseling or treatment by a school counselor or other provider; modifying a person's name (e.g., “Jane” to “James”) or pronouns (e.g., “him” to “her”); calling a child “nonbinary”; use of intimate facilities and accommodations such as bathrooms or locker rooms specifically designated for persons of the opposite sex; and participating in school athletic competitions or other extracurricular activities specifically designated for persons of the opposite sex. “Social transition” does not include chemical or surgical mutilation.
Sec. 3 . Ending Indoctrination Strategy. (a) Within 90 days of the date of this order, to advise the President in formulating future policy, the Secretary of Education, the Secretary of Defense, and the Secretary of Health and Human Services, in consultation with the Attorney General, shall provide an Ending Indoctrination Strategy to the President, through the Assistant to the President for Domestic Policy, containing recommendations and a plan for:
(i) eliminating Federal funding or support for illegal and discriminatory treatment and indoctrination in K-12 schools, including based on gender ideology and discriminatory equity ideology; and
(ii) protecting parental rights, pursuant to FERPA, 20 U.S.C. 1232g, and the PPRA, 20 U.S.C. 1232h, with respect to any K-12 policies or conduct implicated by the purpose and policy of this order.
(b) The Ending Indoctrination Strategy submitted under subsection (a) of this section shall contain a summary and analysis of the following:
(i) All Federal funding sources and streams, including grants or contracts, that directly or indirectly support or subsidize the instruction, advancement, or promotion of gender ideology or discriminatory equity ideology:
(A) in K-12 curriculum, instruction, programs, or activities; or
(B) in K-12 teacher education, certification, licensing, employment, or training;
(ii) Each agency's process to prevent or rescind Federal funds, to the maximum extent consistent with applicable law, from being used by an ESA, SEA, LEA, elementary school, or secondary school to directly or indirectly support or subsidize the instruction, advancement, or promotion of gender ideology or discriminatory equity ideology in:
(A) K-12 curriculum, instruction, programs, or activities; or
(B) K-12 teacher certification, licensing, employment, or training;
(iii) Each agency's process to prevent or rescind Federal funds, to the maximum extent consistent with applicable law, from being used by an ESA, SEA, LEA, elementary school, or secondary school to directly or indirectly support or subsidize the social transition of a minor student, including through school staff or teachers or through deliberately concealing the minor's social transition from the minor's parents.
(iv) Each agency's process to prevent or rescind Federal funds, to the maximum extent consistent with applicable law, from being used by an ESA, SEA, LEA, elementary school, or secondary school to directly or indirectly support or subsidize:
(A) interference with a parent's Federal statutory right to information regarding school curriculum, records, physical examinations, surveys, and other matters under the PPRA or FERPA; or
(B) a violation of Title VI or Title IX; and
(v) A summary and analysis of all relevant agency enforcement tools to advance the policies of this order.
(c) The Attorney General shall coordinate with State attorneys general and local district attorneys in their efforts to enforce the law and file appropriate actions against K-12 teachers and school officials who violate the law by:
(i) sexually exploiting minors;
(ii) unlawfully practicing medicine by offering diagnoses and treatment without the requisite license; or
(iii) otherwise unlawfully facilitating the social transition of a minor student.
(d) The Assistant to the President for Domestic Policy shall regularly convene the heads of the agencies tasked with submitting the Ending Indoctrination Strategy under subsection (a) of this section to confer regarding their findings, areas for additional investigation, the modification or implementation of their respective recommendations, and such other policy initiatives or matters as the President may direct.
Sec. 4 . Reestablishing the President's Advisory 1776 Commission and Promoting Patriotic Education. (a) The President's Advisory 1776 Commission (“1776 Commission”), which was created by Executive Order 13958 of November 2, 2020, to promote patriotic education, but was terminated by President Biden in Executive Order 13985 of January 20, 2021, is hereby reestablished. The purpose of the 1776 Commission is to promote patriotic education and advance the purposes stated in section 1 of Executive Order 13958, as well as to advise and promote the work of the White House Task Force on Celebrating America's 250th Birthday (“Task Force 250”) and the United States Semiquincentennial Commission in their efforts to provide a grand celebration worthy of the momentous occasion of the 250th anniversary of American Independence on July 4, 2026.
(b) Within 120 days of the date of this order, the Secretary of Education shall establish the 1776 Commission in the Department of Education.
(c) The 1776 Commission shall be composed of not more than 20 members, who shall be appointed by the President for a term of 2 years. The 1776 Commission shall be made up of individuals from outside the Federal Government with relevant experience or subject-matter expertise.
(d) The 1776 Commission shall have a Chair or Co-Chairs, at the President's discretion, and a Vice Chair, who shall be designated by the President from among the Commission's members. An Executive Director, designated by the Secretary of Education in consultation with the Assistant to the President for Domestic Policy, shall coordinate the work of the 1776 Commission. The Chair (or Co-Chairs) and Vice Chair shall work with the Executive Director to convene regular meetings of the 1776 Commission, determine its agenda, and direct its work, consistent with this order.
(e) The 1776 Commission shall:
(i) facilitate the development and implementation of a “Presidential 1776 Award” to recognize student knowledge of the American founding, including knowledge about the Founders, the Declaration of Independence, the Constitutional Convention, and the great soldiers and battles of the American Revolutionary War;
(ii) in coordination with the White House Office of Public Liaison, coordinate bi-weekly lectures regarding the 250th anniversary of American Independence that are grounded in patriotic education principles, which shall be broadcast to the Nation throughout calendar year 2026;
(iii) upon request, advise executive departments and agencies regarding their efforts to ensure patriotic education is appropriately provided to the public at national parks, battlefields, monuments, museums, installations, landmarks, cemeteries, and other places important to the American founding and American history, as appropriate and consistent with applicable law;
(iv) upon request, offer advice and recommendations to, and support the work of Task Force 250 and the United States Semiquincentennial Commission regarding their plans to celebrate the 250th anniversary of American Independence; and
(v) facilitate, advise upon, and promote private and civic activities nationwide to increase public knowledge of and support patriotic education surrounding the 250th anniversary of American Independence, as appropriate and consistent with applicable law.
(f) The Department of Education shall provide funding and administrative support for the 1776 Commission, to the extent permitted by law and subject to the availability of appropriations.
(g) Members of the 1776 Commission shall serve without compensation but, as approved by the Department of Education, shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service (5 U.S.C. 5701-5707).
(h) Insofar as chapter 10 of title 5, United States Code (commonly known as the Federal Advisory Committee Act), may apply to the 1776 Commission, any functions of the President under that Act, except that of reporting to the Congress, shall be performed by the Secretary of Education, in accordance with the guidelines issued by the Administrator of General Services.
(i) The 1776 Commission shall terminate 2 years from the date of this order, unless extended by the President.
Sec. 5 . Additional Patriotic Education Measures. (a) All relevant agencies shall monitor compliance with section 111(b) of title I of Division J of Public Law 108-447, which provides that “[e]ach educational institution that receives Federal funds for a fiscal year shall hold an educational program on the United States Constitution on September 17 of such year for the students served by the educational institution,” including by verifying compliance with each educational institution that receives Federal funds. All relevant agencies shall take action, as appropriate, to enhance compliance with that law.
(b) All relevant agencies shall prioritize Federal resources, consistent with applicable law, to promote patriotic education, including through the following programs:
(i) the Department of Education's American History and Civics Academies and American History and Civics Education-National Activities programs;
(ii) the Department of Defense's National Defense Education Program and Pilot Program on Enhanced Civics Education; and
(iii) the Department of State's Bureau of Educational and Cultural Affairs and Fulbright, U.S. Speaker, and International Visitor Leadership programs, as well as the American Spaces network.
Sec. 6 . General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
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