Two Sexes, One Controversy: The Fallout from Trump's Latest Executive Order
- Saakshi
- Feb 20
- 2 min read
Donald Trump's recent executive order, signed on January 20, 2025, declares that the U.S. government will officially recognise only two sexes: male and female. This order reverses previous policies that allowed for broader recognition of gender identities, including a third option for gender markers on federal documents like passports.
The order asserts that a person's sex is determined “at conception” based solely on reproductive cells, which many medical and legal experts argue misrepresents the complexities of human biology. Experts highlight that sex differentiation does not occur immediately at conception. Instead, it typically begins around six weeks after fertilization when the sex organs start to develop. Before this stage, embryos possess a mix of both X and Y chromosomes, making it inaccurate to classify them strictly as male or female at that point. The definitions provided in the directive ignore the existence of intersex individuals and the variations of sex characteristics. It can be argued that defining sex strictly as either male or female fails to account for the spectrum of biological traits that exist beyond a binary classification. For instance, individuals with conditions like Androgen Insensitivity Syndrome may have XY chromosomes but present as female, challenging the simplistic definitions used in the order.
It dismisses gender identity as ‘disconnected from biological reality’, which many experts argue undermines the lived experiences of transgender and nonbinary individuals. This stance has been described as an attempt to erase these identities under federal law, potentially leading to increased discrimination and mental health challenges for affected populations.
According to the Trump administration, ‘gender ideology’ replaces biological sex classification with an evolving notion of self-assessed gender identity, asserting that individuals can incorrectly claim and become the opposite sex. It also posits a broad spectrum of genders not linked to biological sex and undermines sex as a recognizable category while maintaining individuals can be born in the wrong sexed body. The directive ignores intersex individuals, who possess variations in sex characteristics, including chromosomes, gonads, and genitalia, that do not fit typical definitions of male or female. The U.S. Department of Health and Human Services estimates that as many as 5 million people in the U.S. may be intersex.
Individuals undergoing hormonal therapy to align their physical characteristics with their gender identity may face challenges under the new policy. For example, transgender women (assigned male at birth) often take estrogen and anti-androgens, while transgender men (assigned female at birth) take testosterone. The EO's insistence on immutable biological sex could lead to denial of care or invalidate their gender identity on federal documents. It also aims to reverse protections allowing transgender individuals access to government-funded facilities aligning with their gender identity, such as prisons and domestic violence shelters. This could force individuals to use facilities inconsistent with their gender identity, potentially leading to safety concerns and discrimination.
This executive order directs agencies to rescind previous policies that conflict with this stance, impacting federal workplace policies, education, and healthcare. It has significant implications, particularly for transgender and nonbinary individuals, and could restrict access to gender-affirming healthcare and limit recognition of diverse gender identities in federal documentation. Its effects on marginalized communities and the broader understanding of sex and gender within federal policy remain critical points of concern and debate.
