President Donald Trump signs an executive order to create the Department of Government Efficiency (DOGE) in the Oval Office of the White House, Monday, Jan. 20, 2025, in Washington, as White House staff secretary Will Scharf watches. (AP Photo/Evan Vucci)
Imagine there's no spectrum. No fluidity. No identity beyond the chromosomes assigned at conception. It’s easy if you try—especially now, under the sweeping directive of President Trump’s latest executive order, Defending Women from
Gender Ideology
Extremism and Restoring Biological Truth to the Federal Government. In one bold stroke, the administration has erased the complexities of
gender identity
from federal policy, replacing it with a black-and-white world of biological binaries. For the federal government, there are just two genders—male and female—and that’s all there will ever be.
On January 20, 2025, the President signed an executive order titled "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government." This sweeping directive aims to reaffirm the recognition of biological distinctions between men and women in federal policies, documents, and practices.
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Purpose
The order asserts that the recognition of biological sex is essential to safeguarding the rights, safety, and dignity of women. It challenges what it describes as "gender ideology," which it claims erodes the distinction between sexes, undermining laws and policies designed to protect women. The administration emphasizes that basing federal policy on "immutable biological reality" is vital to scientific integrity, public trust, and the preservation of sex-based rights.
Key Provisions
The executive order lays out the following policies and definitions:
Recognition of Biological Sex: Federal policies will adhere to definitions of "male" and "female" based on biological reproductive roles determined at conception.
Terminology: Terms such as "women," "men," "girls," and "boys" will refer explicitly to biological categories, rejecting the concept of "gender identity" as a basis for federal policy.
Agency Enforcement: Federal agencies are instructed to apply these definitions in their operations, including in the enforcement of sex-based rights and protections.
President Donald Trump and first lady Melania Trump dance at the Liberty Ball, part of the 60th Presidential Inauguration, Monday, Jan. 20, 2025, in Washington. (AP Photo/Evan Vucci)
Implementation
The executive order mandates the following actions:
Agency Guidance: Within 30 days, federal agencies must provide detailed guidance aligning with the order’s definitions of biological sex.
Policy Adjustments: Agencies will revise all documents, forms, and communications to reflect the biological definitions of sex and remove references to "gender ideology."
Identification Records: The Secretaries of State and Homeland Security will require that federal identification documents reflect biological sex.
Single-Sex Spaces: Measures will be implemented to ensure that intimate spaces, such as prisons, shelters, and detention centers, are segregated by biological sex.
Rescinded Documents and Policies
The order explicitly rescinds and supersedes previous executive orders and guidance inconsistent with its directives. These include:
- Executive Orders 13988, 14004, 14020, and 14075.
- Guidance documents from the Department of Education addressing gender identity.
- Policies promoting gender-inclusive language and practices, such as the White House Toolkit on Transgender Equality and related documents from the Departments of Justice and Education.
- Interpretations of the 2020 Supreme Court ruling in Bostock v. Clayton County that applied gender identity to single-sex spaces.
A critical component of the executive order is the rescission of previous policies and guidance that are deemed inconsistent with the newly defined approach to sex-based distinctions. Agencies are directed to promptly withdraw or revise such documents. Among the rescinded materials are the White House Toolkit on Transgender Equality and numerous guidance documents from the Department of Education, including resources for creating inclusive environments for LGBTQI+ students and Title IX regulations issued in 2024. Additionally, memos and resources from the Departments of Justice and Education, such as those interpreting the Supreme Court’s decision in Bostock v. Clayton County to include gender identity under sex-based protections, are nullified. The order also revokes the Equal Employment Opportunity Commission’s 2024 guidance on workplace harassment, emphasizing a shift back to policies grounded in biological definitions of sex. These actions underscore the administration’s intent to realign federal policy and funding with the executive order’s framework.
The executive order mandates the rescission or revision of numerous documents deemed inconsistent with its provisions. The following specific documents are included in the rescission list:
White House Toolkit on Transgender Equality
Department of Education Guidance Documents:
- 2024 Title IX Regulations: Pointers for Implementation (July 2024)
- U.S. Department of Education Toolkit: Creating Inclusive and Nondiscriminatory School Environments for LGBTQI+ Students
- U.S. Department of Education Supporting LGBTQI+ Youth and Families in School (June 21, 2023)
- Departamento de Educación de EE.UU. Apoyar a los jóvenes y familias LGBTQI+ en la escuela (June 21, 2023)
- Supporting Intersex Students: A Resource for Students, Families, and Educators (October 2021)
- Supporting Transgender Youth in School (June 2021)
- Letter to Educators on Title IX’s 49th Anniversary (June 23, 2021)
- Confronting Anti-LGBTQI+ Harassment in Schools: A Resource for Students and Families (June 2021)
- Enforcement of Title IX of the Education Amendments of 1972 With Respect to Discrimination Based on Sexual Orientation and Gender Identity in Light of Bostock v. Clayton County (June 22, 2021)
- Education in a Pandemic: The Disparate Impacts of COVID-19 on America’s Students (June 9, 2021)
- Back-to-School Message for Transgender Students from the U.S. Departments of Justice, Education, and HHS (August 17, 2021)
Implications for Women
The executive order is positioned as a measure to defend women’s rights and safety. Key aspects include:
Reaffirmation of Single-Sex Spaces
The order mandates that spaces such as prisons, domestic violence shelters, bathrooms, and locker rooms designated for women will be reserved exclusively for individuals identified as biologically female. This is intended to enhance privacy and safety for women in these spaces.
Clarification of Sex-Based Protections
Federal policies and enforcement will prioritize protections based on biological sex, ensuring that women retain access to opportunities and safeguards originally designed for their benefit under laws like Title IX.
Public Identification Documents
Government-issued IDs, such as passports, must reflect biological sex, which the administration argues will maintain clarity in legal and social contexts.
Implications for Transgender Individuals
The order’s explicit rejection of "gender identity" as a basis for federal policy introduces significant changes for transgender individuals:
Exclusion from Single-Sex Spaces
Transgender women (individuals assigned male at birth who identify as female) and transgender men (individuals assigned female at birth who identify as male) will not be permitted access to spaces or programs intended for the biological sex they do not belong to. This may affect access to shelters, prisons, and sports teams.
Changes to Federal Identification
Transgender individuals will no longer be able to update their sex markers on federal identification documents to reflect their gender identity, which could lead to complications in legal and social situations.
Loss of Funding for Gender-Affirming Programs
Federal funding will no longer support programs, educational initiatives, or healthcare services that affirm gender identity or promote gender transition. This includes medical treatments for federally detained individuals.
Reversal of Bostock v. Clayton County Interpretations
The order specifically seeks to undo previous interpretations of the Bostock v. Clayton County ruling, which had extended protections against sex-based discrimination to include gender identity in certain contexts, such as employment and education.
Next Steps
Federal agencies must report on their progress within 120 days. The administration has also directed the drafting of legislation to codify the order’s definitions into law. Agencies will evaluate federal funding mechanisms to ensure that taxpayer dollars do not support programs promoting "gender ideology."
This executive order marks a significant shift in federal policy, centering on the recognition of biological sex and rejecting gender identity as a basis for legal or social distinction. Proponents argue it restores clarity and fairness to sex-based protections, while critics have raised concerns about its impact on LGBTQ+ rights. As implementation progresses, its implications will continue to be closely monitored.