In a new executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the General Government,” US president Donald Trump has set forth policies aimed at clarifying and reinforcing the recognition of biological sex in government law and policy.
The order marks a significant stance in the ongoing debate about sex and gender, setting a clear framework for biological sex as the basis for legal and social distinctions in the United States.
Trump’s move seeks to challenge what is perceived as the “erasure of sex in language and policy,” replacing it with “fluid, subjective concepts of self unmoored from biological facts”.
The order emphasises the biological reality of sex – male and female – as fundamental and immutable. It asserts that efforts to redefine these categories through subjective feelings or ideologies undermine women’s rights, safety, and equality.
According to Trump, removing the biological definition of “woman” changes laws and policies meant to protect sex-based rights into ones that weaken them. This shift replaces established legal rights and values with a fluid, identity-based concept without clear meaning.
“Accordingly, my administration will defend women’s rights and protect freedom of conscience by using clear and accurate language and policies that recognize women are biologically female, and men are biologically male,” the order reads. It is the policy of the United States to recognise two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality.”
The order outlines that male or female would be used according to the reproductive cells at birth.
Trump ordered the secretary of health and human services to provide the government, external partners, and the public with clear guidance that expands on the sex-based definitions outlined in the order within 30 days.
“Each government agency and all government employees shall enforce laws governing sex-based rights, protections, opportunities, and accommodations to protect men and women as biologically distinct sexes.”
Further, all government employees acting in an official capacity on behalf of their agency are ordered to use the term “sex” and not “gender”. This is applicable to all government policies and documents.
Agencies must also remove all statements, policies, regulations, forms, communications, or other internal and external messages that promote gender ideology. Agency forms will henceforth require an individual’s sex to be listed as male or female, and not request gender identity.
Trump also ordered that no government funds may be used to promote gender ideology.
Men will no longer be detained in women’s prisons or housed in women’s detention centres.
The order has prompted discussions about the balance between protecting women’s rights and recognising the rights of transgender individuals. Critics warned that it could have wide-ranging implications, with the World Health Organisation (WHO) stating that “rigid gender norms negatively affect people with diverse gender identities, who often face violence, stigma and discrimination as a result, including in healthcare settings”.
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