Trump redefines gender, makes biological sex a person’s identity: 8 key takeaways from his executive order

Trump redefines gender, makes biological sex a person’s identity: 8 key takeaways from his executive order

FP Staff January 21, 2025, 10:59:16 IST

Trump’s executive order clearly defines biological sex as unchangeable and impacts various government policies, possibly changing how sex and gender are handled in law and healthcare across the US

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In a controversial move, US President Donald Trump signed an executive order on Monday on his first day in office of his second term to affirm biological sex as a fixed characteristic, rejecting gender identity as a basis for federal policy and governance.

The order emphasises the Trump administration’s commitment to maintaining sex-based distinctions in law, public spaces and federally funded programmes. It also covers privacy, legal rights and the use of federal resources positioning the directive as a response to what it calls the erosion of biological and scientific terms.

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Here are 8 key takeaways from the executive order—Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government:

1. Why a new gender executive order

The order begins by emphasising the need to acknowledge and defend the biological reality of sex. It argues that ideologies challenging these principles undermine women’s rights, dignity and safety. The administration’s rationale links the erasure of sex-based distinctions to broader issues of societal trust, scientific integrity and public safety.

2. Limiting gender as identity

To ensure clarity in interpretation and application, the executive order establishes explicit definitions of terms such as “sex,” “male,” “female,” “gender ideology,” and “gender identity.” It reinforces that “sex” refers exclusively to immutable biological classifications, while gender identity is characterised as a subjective concept disconnected from biological realities.

3. How new gender order will be enforced

Federal agencies are directed to adopt these definitions across all policies, regulations and official documents. This includes mandating that sex-based distinctions be recognised in government-issued identification documents and personnel records. Agencies are instructed to eliminate references to gender identity and remove materials promoting gender ideology from their resources.

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4. Privacy in intimate spaces

The executive order focusses on the protection of privacy in sex-segregated spaces, such as women’s shelters, prisons and detention centres. Federal agencies are tasked with revising policies to ensure that males are not housed in spaces designated for women. Additionally, funding for medical procedures intended to conform an inmate’s appearance to the opposite sex is prohibited.

5. Moving away from Scotus

A critical aspect of the order is its rejection of previous interpretations of the Supreme Court’s Bostock v. Clayton County (2020) decision. The administration contends that misapplications of this ruling have led to gender identity-based access to single-sex spaces, harming women’s rights. The attorney general is instructed to issue corrective guidance and prioritise the enforcement of sex-based rights.

6. Burying previous policies of inclusion

The order supersedes several executive orders and memoranda from prior administrations that supported gender-inclusive policies. It also dissolves the White House Gender Policy Council and directs agencies to rescind guidance documents promoting gender ideology, including resources on Title IX and LGBTQ+ inclusion in education.

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7. No fund for gender ideology

To align with the new policy, federal funds can no longer be used to support gender ideology. Agencies must review grant conditions to ensure that federally funded entities do not promote such ideologies.

8. A deadline for new gender code

Within 30 days, the administration aims to codify the definitions outlined in the order into law. Agencies are required to submit implementation updates within 120 days, detailing changes made to comply with the order. These updates must also address requirements imposed on federally funded entities to achieve the stated objectives.

This executive order introduces a major change in federal policy by emphasising the recognition of biological sex over gender identity in legal and administrative matters. The administration aims to redefine rights and protections based on biological sex, seeking to ensure clarity and uphold principles it considers fundamental to American governance and society.

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