One of the first executive orders Donald Trump signed in the Oval Office on his first day as president stipulates that there are only two genders, male and female. Trump’s executive order, provocatively titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” does away with gender as either a descriptive or a determinant and insists on the use of the term “sex” only. Trump’s executive order also defines sex very specifically: “‘Sex’ shall refer to an individual’s immutable biological classification as either male or female. ‘Sex’ is not a synonym for and does not include the concept of ‘gender identity.’”
At no point in the order are trans people mentioned. In denying the existence of trans women and men as well as intersex people, the erasure of a few million Americans is accomplished.
“‘Women’” or ‘woman’ and ‘girls’ or ‘girl’ shall mean adult and juvenile human females, respectively. ‘Men’ or ‘man’ and ‘boys’ or ‘boy’ shall mean adult and juvenile human males, respectively.”
“‘Female’ means a person belonging, at conception, to the sex that produces the large reproductive cell. ‘Male’ means a person belonging, at conception, to the sex that produces the small reproductive cell.”
This executive order, like many of the nearly 200 Trump signed on Inauguration Day, fulfills a campaign promise Trump made. He focused repeatedly on gender-affirming care, trans women in sports and claims that his Democratic opponent, Vice President Kamala Harris was “for they/them. President Trump is for you.”
Polls indicated that Trump’s messaging was particularly effective with Black and Latino men, with a significant percentage skewing to Trump over Harris in swing states like Pennsylvania.
“As of today, it will henceforth be the official policy of the United States government that there are only two genders: male and female,” Trump said Monday in his inaugural address.
Two sexes only
The executive order is sweeping and impacts not only trans and intersex people but also other LGBTQ+ people as it ends a series of pro-LGBTQ+ policies put in place by Joe Biden’s administration. There is no actual mention of trans, nonbinary, LGBTQ+ or intersex people in the order.
It states “Within 30 days of the date of this order, the Secretary of Health and Human Services shall provide to the U.S. Government, external partners, and the public clear guidance expanding on the sex-based definitions set forth in this order.”
It also says, “Each agency and all Federal employees shall enforce laws governing sex-based rights, protections, opportunities, and accommodations to protect men and women as biologically distinct sexes. Each agency should therefore give the terms ‘sex,’ ‘male,’ ‘female,’ ‘men,’ ‘women,’ ‘boys’ and ‘girls’ the meanings set forth in section 2 of this order when interpreting or applying statutes, regulations, or guidance and in all other official agency business, documents, and communications.”
The order erases all concept of trans or other identities saying “‘Gender identity’ reflects a fully internal and subjective sense of self, disconnected from biological reality and sex and existing on an infinite continuum, that does not provide a meaningful basis for identification and cannot be recognized as a replacement for sex.”
History repeating
The law does not go into full effect for 30 days but the import will be felt immediately. The devastating EO10450 authored by President Dwight D. Eisenhower in 1953 was a precursor to this, declaring all gay men and lesbians who worked for the federal government dangerous. The so-called Lavender Scare caused thousands of gay men and lesbians to lose their jobs. Outing them made it nearly impossible to obtain other employment and also divided families. Some people were driven to suicide.
This latest executive order is even more expansive and has the potential to cause a myriad of harms. It directs the State Department and the Department of Homeland Security to “require that government-issued identification documents, including passports, visas, and Global Entry cards, accurately reflect the holder’s sex.”
In 2022, the Biden administration allowed U.S. citizens to select the gender-neutral “X” as a marker on their passports. On Jan. 21, a page on the State Department website that had included instructions on updating passport gender markers had been removed, redirecting people to a U.S. passports page.
Also embedded in the executive order are details that would be consequential with regard to everything from legal forms to law enforcement to housing.
Key points
The order asserts “Efforts to eradicate the biological reality of sex fundamentally attack women by depriving them of their dignity, safety, and well-being.”
And says, “The erasure of sex in language and policy has a corrosive impact not just on women but on the validity of the entire American system,” it continues. “Basing Federal policy on truth is critical to scientific inquiry, public safety, morale, and trust in government itself.”
Trump’s executive order also addresses prison, housing, “intimate spaces” and gender-affirming care. All federal funding for support of LGBTQ+ gender issues will cease.
While the immediate changes relate to ID for trans, nonbinary and intersex people, broader issues are also addressed, noting “Agencies shall remove all statements, policies, regulations, forms, communications, or other internal and external messages that promote or otherwise inculcate gender ideology, and shall cease issuing such statements, policies, regulations, forms, communications or other messages. Agency forms that require an individual’s sex shall list male or female, and shall not request gender identity. Agencies shall take all necessary steps, as permitted by law, to end the Federal funding of gender ideology.”
All of these points harm trans and intersex people while also eviscerating a host of LGBTQ+ protections put in place by President Biden. The order states, “Federal funds shall not be used to promote gender ideology. Each agency shall assess grant conditions and grantee preferences and ensure grant funds do not promote gender ideology.”
A list of Biden policies to be ended is embedded in the order. These include protections for LGBTQ+ students.
What advocates say
Lambda Legal condemned the anti-LGBTQ+ order, vowing legal action: “We’ll see you in court. Lambda Legal condemns in the strongest terms President Trump’s first actions in office targeting LGBTQ+ people, everyone living with HIV, and communities of color. We are prepared to challenge them in court.”
In a statement, Kevin Jennings, CEO of Lambda Legal, said, “(T)he incoming administration seeks to limit protections against sex discrimination and abuse, denying science while also making life immeasurably harder for intersex, nonbinary, and of course transgender people.”
The nonprofit advocates for the civil rights of LGBTQ+ people.
“Lambda Legal secured the first U.S. passport with an ‘X’ gender marker for our brave client, Dana Zzyym, and we’ll continue to stand with Dana and all intersex, nonbinary, and transgender people to defend their right to identity documents that accurately identify who they are.”
Lambda Legal called on “Congress, state leaders, and all allies of equality to reject these attacks and stand in defense of the rights of LGBTQ+ people.”
Amit Paley, CEO and Executive Director of The Trevor Project released a statement on the order.
“The Trevor Project condemns the recent guidance from the Department of Education as a completely unacceptable attack on the rights of LGBTQ young people,” Paley said. “In its final hours, the Trump Administration is attempting to once more harm LGBTQ students by misapplying the Supreme Court’s landmark decision in Bostock v. Clayton County. This Administration has consistently misconstrued the law as it applies to protecting LGBTQ youth from discrimination, especially those who are transgender or nonbinary, which puts their mental health and wellness at risk.”
Paley continued, “Recent research from The Trevor Project found that LGBTQ youth whose schools are LGBTQ-affirming have significantly reduced rates of attempting suicide. We look forward to working with the Biden-Harris Administration and Secretary Designate Miguel Cardona to rescind this discriminatory guidance and implement inclusive policies that allow all LGBTQ students to thrive.”
More erasure
GLAAD reported as breaking news on Jan. 21, “the Trump administration has eliminated nearly all LGBTQ and HIV focused content and resources from the White House website, as well as eliminated LGBTQ and HIV content from key federal agency webpages.”
GLAAD said, “Mentions of ‘lesbian,’ ‘bisexual,’ ‘gay,’ ‘transgender,’ ‘sexual orientation,’ ‘gender identity,’ and related terms are no longer accessible on WhiteHouse.gov, and the search term ‘LGBTQ’ now brings up zero results on the site. In addition, some LGBTQ-specific pages have been taken down from the Centers for Disease Control, Department of State, and more. GLAAD will continue to monitor federal agency websites in the coming days and weeks to track any LGBTQ-related webpage takedowns.”
GLAAD’s President and CEO Sarah Kate Ellis released the following statement:
“President Trump claims to be a strong proponent of freedom of speech, yet he is clearly committed to censorship of any information containing or related to LGBTQ Americans and issues that we face. This action proves the Trump administration’s goal of making it as difficult as possible for LGBTQ Americans to find federal resources or otherwise see ourselves reflected under his presidency. Sadly for him, our community is more visible than ever; and this pathetic attempt to diminish and remove us will again prove unsuccessful.”