On Monday, President Trump issued an executive order that limits the definition of gender in the U.S. government to only the sex assigned at birth. According to the order, “male” and “female” are defined strictly based on reproductive cells, and the government will no longer recognize gender identity as part of the definition of sex. This could also result in federal funding being withheld from programs that acknowledge transgender people or what is described as “gender ideology.”
Medical and legal experts have expressed concerns, arguing that the order does not reflect the reality of sexual and gender diversity. The order disregards the complexities of sex, such as intersex and nonbinary identities, and ignores the range of biological traits that contribute to an individual’s sex, which can sometimes not align with traditional male or female classifications. Critics point out that this policy fails to recognize the existence of intersex people—those whose sex traits don’t align with typical male or female anatomy.
The order further challenges “gender ideology” and emphasizes that only two sexes—male and female—exist, based on reproductive function. Additionally, it prohibits government forms from asking for gender identity, and reinstates a rule from the previous administration that limits the ability of transgender, intersex, or nonbinary individuals to obtain accurate identification documents, such as passports. The order also revokes a 2022 Biden-era policy that allowed for a gender-neutral “X” marker on U.S. passports.
LGBTQ advocates, including Lambda Legal, have promised legal action, arguing that the order could harm the rights of transgender, nonbinary, and intersex individuals. They are particularly concerned about how it could affect access to gender-affirming care and participation in public programs. The order marks a continuation of Trump’s history of policies that have been unfavorable to the LGBTQ community.
