Trump Administration Issues Order Defining Sex as Immutable Biological Male/Female, Overhauls Gender Identity and Equity Policies

WASHINGTON – On Monday, January 20, 2025, United States President Donald Trump issued a sweeping executive order fundamentally altering the federal government’s approach to sex and gender, declaring that the U.S. will officially recognize only two sexes, male and female, which are to be considered unchangeable.

Key Provisions of the Executive Order

The order mandates that the U.S. government must henceforth use the term “sex” instead of “gender” in official contexts. It further requires that all government-issued identification documents, including critical documents such as passports and visas, be based strictly on an individual’s “immutable biological classification as either male or female.” This directive establishes a uniform federal standard asserting a definition of sex rooted solely in biological characteristics present at birth.

Rescission of Previous Administration’s Directives

Notably, this action included the immediate rescission of 78 executive orders enacted by the previous administration. These repealed orders encompassed a broad range of measures, including initiatives specifically aimed at promoting racial equity across federal agencies and those designed to protect the rights of 2SLGBTQ+ people.

Among the rescinded orders were two executive orders signed by President Biden on January 20, 2021. These included Executive Order 13988, which focused on advancing racial equity and support for underserved communities through the federal government, and specific parts of other orders (whose provisions were also included in subsequent orders like 14004, 14020, 14021, and 14075, which were also listed for rescission) aimed at combating discrimination based on gender identity or sexual orientation.

The order also eliminated other directives designed to provide assistance and support to specific minority groups, including measures aimed at assisting Black, Hispanic, Native American, and Asian Americans and Pacific Islanders.

President Trump’s Rationale and Vision

Speaking during his inaugural address, President Trump articulated the rationale behind the new policy. He stated that the order signifies an end to governmental efforts to “socially engineer race and gender.” The President asserted that the policy aims to create a “colour-blind and merit-based” society, positioning the executive order as a critical step towards achieving this goal. He further declared that the official U.S. government policy going forward is that there are only two genders: male and female.

Defining “Sex” and Superseding Previous Policies

The executive order provides an explicit and narrow definition for the term “Sex.” It defines “Sex” as an “immutable biological classification as either male or female.” Crucially, the order states that this definition is not synonymous with “gender identity.” This distinction is central to the policy shift, aiming to differentiate between biological sex and an individual’s internal sense of gender.

The order explicitly states that its provisions supersede any conflicting clauses found within previous Executive Orders, specifically citing numbers 13988, 14004, 14020, 14021, and 14075. Furthermore, the executive order includes the dissolution of the White House Gender Policy Council, a body established under the previous administration to advise on issues related to gender equity.