Trump to Define Sex as ‘Male and Female’ with Executive Order

On his first day back in office, President Donald Trump, 78, plans to issue an executive order that would define sex as strictly “male or female” for all federal government purposes. This move marks one of over 200 executive orders the newly inaugurated president is expected to sign, signaling sweeping policy changes.

The order mandates government agencies, including the State Department and Department of Homeland Security, to use the “immutable” designation of sex on official documents like passports, visas, and federal forms. It will reverse previous policies that allowed gender markers such as “X” and medical documentation for sex changes on identification.

An official from the new administration stated, “This is about recognizing reality. Male and female are biological facts that cannot be changed, and our government should reflect that truth.”

The executive order also targets federal prison policies, aiming to restrict medical transition treatments for incarcerated individuals and reevaluate housing policies for transgender inmates. “We’re prioritizing privacy and safety, especially in women’s facilities, shelters, and intimate spaces,” the official added.

This order is poised to face intense legal challenges. Advocacy groups like the American Civil Liberties Union (ACLU) have already criticized the policies as harmful and regressive.

“This is a direct attack on transgender individuals,” said Chase Strangio, deputy director for Transgender Justice at the ACLU. “Such policies undermine the rights and dignity of countless Americans.”

The policies reflect a sharp departure from steps taken during the Biden administration. In 2021, then-Secretary of State Antony Blinken eliminated the requirement for medical documentation to change gender markers on passports and introduced the “X” designation in 2022.

Advocates celebrated these changes as victories for inclusivity. Now, those gains face reversal.

The ACLU estimates that approximately 1,200 transgender individuals are housed in federal prisons. The new policies would likely exacerbate their vulnerabilities.

Texas inmate Donna Langan, who reportedly became the first federal prisoner to receive transition surgery in December 2022, highlighted the significance of such policies. “It’s not just about medical care; it’s about recognizing who we are as human beings,” Langan said in a statement last year.

A Polarizing Issue in Politics

Transgender rights became a pivotal issue in the 2024 presidential campaign. Trump’s promises to restrict transgender participation in sports and curb taxpayer-funded medical procedures for federal inmates were central to his platform.

Outgoing Vice President Kamala Harris faced scrutiny during the campaign for her 2019 support of federally funded sex-change surgeries for undocumented immigrants. Defending her stance, Harris said, “Providing care aligns with federal law, regardless of who holds office.”

Public Reaction

Protests have already begun outside the Supreme Court and Capitol, with demonstrators voicing opposition to what they call an attack on LGBTQ+ rights. “This is about equality and human dignity,” said activist Marsha Rodriguez at a rally in Washington. “We won’t go back to being invisible.”

Conservative groups, however, praised the move. “This is a necessary step to protect women and uphold biological realities,” said Franklin Graham, president of Samaritan’s Purse.

What Happens Next?

Legal battles will likely define the implementation of Trump’s new order. Court challenges could take months or years to resolve, leaving transgender individuals and their allies in uncertainty.

This executive order underscores the deep divisions in American society over gender identity and the role of government in defining it. While some see it as a return to traditional values, others view it as an erosion of civil rights. Where the nation lands will depend on courts, lawmakers, and public opinion in the months ahead.