Trump Defines Sex as Binary in Executive Order

Jan. 23, 2025, 3:52 pm ET

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30-Second Take

  • President Trump has issued an executive order defining sex strictly as male or female based on reproductive cells at conception.
  • The order directs federal agencies to enforce laws and policies using these definitions, impacting transgender and intersex individuals significantly.
  • Critics argue the order is scientifically flawed and ignores the complexities of human sex and gender.

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Quick Brief

2-Minute Digest

Essential Context

On January 20, 2025, President Trump signed an executive order titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This order mandates that the U.S. government recognize only two sexes: male and female, defined by the type of reproductive cell an individual produces at conception.

Core Players

  • Donald Trump – President of the United States
  • Lambda Legal – LGBTQ civil rights group preparing for legal action against the executive order
  • Federal agencies – Including the Department of Health and Human Services, Department of Education, and Department of Veterans Affairs

Key Numbers

  • January 20, 2025 – Date the executive order was signed
  • 70+ – Number of executive orders issued by Trump on his first day in office
  • 6 weeks – Timeframe after conception when sexual differentiation begins
  • Millions – Amount spent by Republican groups on anti-trans television ads leading up to the 2024 election

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The Catalyst

The executive order is a significant move in Trump’s broader campaign against what he terms “gender ideology,” which was a central theme in his 2024 presidential campaign.

Anti-transgender themes were prevalent, with millions spent on television ads and promises to restrict access to gender-affirming care and transgender participation in sports.

Inside Forces

The order defines “female” as a person who produces the large reproductive cell and “male” as a person who produces the small reproductive cell, based on their status at conception. This definition ignores the biological complexity of human development and the existence of intersex individuals.

Medical and legal experts criticize the order for its scientific inaccuracies and potential harm to transgender and intersex individuals.

Power Dynamics

The order grants significant power to the Secretary of Health and Human Services to provide guidance on implementing these definitions across federal agencies.

Agencies are directed to use these definitions in all official business, documents, and communications, potentially affecting areas such as education, healthcare, and workplace protections.

Outside Impact

The order has far-reaching implications for transgender and intersex individuals, including potential loss of federal recognition, exclusion from women’s spaces, and denial of gender-affirming care.

Critics argue that the order undermines long-standing legal rights and values by replacing them with an identity-based social concept.

Future Forces

Lambda Legal and other LGBTQ rights groups are preparing for legal action against the executive order, arguing it violates the rights of transgender and intersex individuals.

The implementation of the order will likely face significant legal challenges and societal opposition, delaying its enforcement.

Data Points

  • January 20, 2025: Trump signs the executive order.
  • 2024 Election: Anti-transgender themes were central to Trump’s campaign.
  • Millions: Amount spent on anti-trans TV ads by Republican groups.
  • 6 weeks: Timeframe after conception when sexual differentiation begins.

The executive order marks a significant shift in federal policy, sparking intense debate and legal action. As the order’s implications unfold, it is clear that its impact will be felt across multiple sectors and communities.