Trump Redefines Sex in Federal Policies

Jan. 27, 2025, 6:10 pm ET

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  • President Trump has signed new executive orders that ban federal agencies from recognizing transgender identities, mandating a strict biological definition of sex.
  • The orders impact various areas, including passport gender markers, prison policies, and access to gender-affirming healthcare.
  • These changes are met with strong opposition from LGBTQ+ rights organizations and advocates.

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Essential Context

On his first day back in office, President Trump issued executive orders that redefine sex as strictly male or female, based on biological characteristics at conception. This move overturns previous policies that allowed for the recognition of transgender and nonbinary identities.

Core Players

  • President Donald Trump – Signed the executive orders redefining sex.
  • American Civil Liberties Union (ACLU) – Strongly opposing the orders.
  • LGBTQ+ Rights Organizations – Advocating against the changes.
  • Federal Agencies – Affected by the new policies, including the Department of State and the Federal Bureau of Prisons.

Key Numbers

  • $215 million – Spent by anti-transgender politicians on ads promoting a Project 2025 agenda.
  • 2,000+ – Transgender people currently held in federal custody, directly impacted by the orders.
  • 10 years – Interval for passport renewals, which could revert to birth-assigned sex markers.
  • 33% – Increase in volume for the Trevor Project’s crisis line on Inauguration Day.

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The Catalyst

President Trump’s executive orders were signed on his first day back in office, following a campaign marked by attacks against women and transgender people. These orders are part of a broader “America First” agenda that seeks to redefine various aspects of U.S. policy.

“It is the policy of the United States to recognize two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality,” the order states.

Inside Forces

The orders reflect a significant shift in federal policy, reversing previous administrative directions that supported the recognition of transgender identities. Under the Biden administration, citizens could update their gender markers on federal documents through a process of self-attestation.

Trump’s move rescinds these policies, directing federal agencies to enforce laws based on a strict biological definition of sex.

Power Dynamics

The Trump administration holds significant power in implementing these changes, but faces strong opposition from LGBTQ+ rights organizations and advocates. The ACLU has vowed to fight these orders, arguing they threaten the freedom and safety of transgender people.

“This is clearly a plan from the Trump Administration to erase transgender people’s existence under the law,” said Harper Seldin, a senior staff attorney at the ACLU’s LGBTQ and HIV Project.

Outside Impact

The orders have far-reaching implications, affecting areas such as passport issuance, prison policies, and access to healthcare. Transgender individuals will no longer be able to update their gender markers on new passports, visas, or trusted traveler documents.

The Federal Bureau of Prisons and the Department of Homeland Security are directed to ignore guidelines of the Prison Rape Elimination Act, forcing transgender women into men’s prisons and detention centers, which significantly increases their risk of sexual assault and abuse.

Future Forces

The implementation of these orders is expected to be challenging and may face legal challenges. The ACLU and other rights organizations are preparing to litigate against these changes.

Long-term, these policies could impact various areas, including education, workplace protections, and federally-funded programs providing gender-affirming healthcare.

Data Points

  • Jan. 20, 2025: Trump signed the executive orders on his first day back in office.
  • 2020: The Supreme Court ruled in *Bostock v. Clayton County* that discrimination against LGBTQ individuals is sex discrimination under Title VII of the Civil Rights Act.
  • 2022: The Biden Administration introduced an “X” gender marker for nonbinary, intersex, or gender nonconforming people.
  • May 7, 2025: Deadline for residents to obtain REAL ID-compliant identification for domestic travel and access to federal facilities.

These executive orders mark a significant turning point in the ongoing debate over gender identity and its recognition under U.S. law. The measures are likely to face intense legal and social challenges as they begin to take effect.

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