Executive Order 14168

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Executive Order 14168
"Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government"
Seal of the President of the United States.svg
Type Executive order
Number14168  OOjs UI icon edit-ltr-progressive.svg
PresidentDonald Trump
SignedJanuary 20, 2025 (2025-01-20)
Federal Register details
Federal Register
document number		2025-02090  OOjs UI icon edit-ltr-progressive.svg
Publication dateJanuary 30, 2025  OOjs UI icon edit-ltr-progressive.svg

Executive Order 14168, titled "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government" is an executive order issued by Donald Trump on January 20, 2025, [1] the day of his second inauguration as president of the United States.

Contents

The order promotes the concept of "sex-based rights" and the rejection of "gender ideology", calling "gender ideology" an effort to "eradicate the biological reality of sex" in language and policy. It requires federal departments to recognize gender as a male-female binary only (determined by biological sex assigned at conception), replace all instances of "gender" with "sex" in materials, cease all funding for gender-affirming care, cease allowing gender self-identification on federal documents such as passports, cease the funding or promotion of "gender ideology", cease the application of Bostock v. Clayton County as to provide Title VII protection based on gender identity in federal activities, and prohibit transgender people from using single-sex federally funded facilities congruent with their gender.

The executive order was described as part of a broader effort to erase protections and recognition for transgender people. [2] [3]

Background

On June 29, 2023, then presidential candidate Donald Trump signed the "Presidential Promise to American Women" authored by the Concerned Women for America (CWA) Legislative Action Committee. [4] [5] According to Penny Young Nance, president of CWA, this was a "pledge to American women stating unequivocally there are only two genders, only women can be mothers and bear children, and as president, he will protect our safe spaces, our locker rooms, bathrooms, prisons, domestic violence shelters, health care, education, and, yes, ban biological men from competing in women’s sports.” [6]

Trump signed the order on his first day as president, as well as more than 25 other executive orders. [7] A Trump administration official said "this is step one" and that more restrictions on transgender people will follow. [8] CWA considers Trump's Executive Order a fulfillment of his Presidential Promise. [5]

Summary

The order attacks what it calls "gender ideology". It defined "gender ideology" as replacing "the biological category of sex with an ever-shifting concept of self-assessed gender identity, permitting the false claim that males can identify as and thus become women and vice versa, and requiring all institutions of society to regard this false claim as true". [9] The order stated that it would "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." [10]

The order additionally defines "female" and "male" as "a person belonging, at conception to the sex that produces the large reproductive cell" and a "person belonging, at conception, to the sex that produces the small reproductive cell" respectively. [1]

The executive order mandated that: [1] [10] [11]

Analysis

Intersex people

The order defines a female as "a person belonging, at conception to the sex that produces the large reproductive cell," while a male is a "person belonging, at conception, to the sex that produces the small reproductive cell." It is not possible to determine at conception which reproductive cells an embryo will eventually create as it takes eight to 10 weeks for genetic signals to stimulate the development of non-neutral gonads (i.e. testes or ovaries). [15] For example, a malfunction in the SRY gene can result in androgen insensitivity where an individual has an XY karyotype but is physiologically female. [15] Intersex people were not included in the executive order. [16] [17] Intersex people are individuals born with any of several sex characteristics, including chromosome patterns, gonads, or genitals that, according to the Office of the United Nations High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies". [18] According to intersex advocate Alicia Roth Weigel, this order "attempts to negate our very existence". [19]

Sex of embryos

Some (including Sarah McBride, the first transgender member of Congress) have speculated that the order may be interpreted as defining everyone as female since male genes are not expressed until 6-8 weeks after conception. [20] [21] [22] This was called "false" by Snopes, referring to recent research that shows that it is incorrect to say that all embryos start as female. Instead, the Snopes analysis points out that since the executive order does not define what "belonging...to" means in terms of determining a person's sex, the order could be interpreted as either all persons belong to no sex, or alternatively, all persons belong to both sexes. In early development, human embryos develop both early-stage female reproductive tracts (i.e., Müllerian ducts) and early-stage male reproductive tracts (i.e., Wolffian ducts). It is only later in development that the expression of male or female genes normally causes one or the other of these tracts to further develop into male or female reproductive tracts, and the other to be absorbed. [23]

Implementation

Federal LGBTQ+ resources

Hours after the order was signed, the Trump administration deleted mentions of LGBTQ+ resources across federal government websites, [24] including the National Institute of Allergy and Infectious Diseases's HIV Language Guide, [25] [26] described in its background introduction as being "designed to help NIAID staff communicate with empowering rather than stigmatizing language". [27]

All references to transgender people and gender identity were removed from the Center for Disease Control's website, including survey results lessons on building supportive environments for trans and nonbinary students. [28] [29] The CDC and other federal agencies also directed their employees to remove pronouns from their email signatures. [30] The Equal Employment Opportunity Commission's acting chair said that it would no longer allow "X" gender markers for those filing discrimination charges. [29]

US Passport Office and Social Security Administration

On January 22, 2025, Secretary of State Marco Rubio directed the Department of State to suspend all applications seeking a sex marker change or a nonbinary "X" sex marker. [31] By January 23, 2025, a state department webpage describing how to amend the gender marker on passports was taken offline. According to a White House spokesperson, passports that have not expired will remain valid, regardless of how gender is depicted, but new applications will have to comply with the order and designate sex according to that assigned at birth. [32] The ACLU said it was considering a lawsuit. [29]

The Social Security Administration removed its pages on gender identity and changing sex identification. It has not responded to requests for comment on its current policy. [33]

Transgender federal inmates

The Human Rights Campaign and ACLU said they had received reports that transgender women were being transferred to men's prisons, told they would be, or moved to solitary confinement. [29] [32] The legal director of the HRC said the court orders granting inmates access to gender affirming care remain in effect despite federal policy changes. [32] Data suggests that over 2,000 trans people in federal custody could be effected. [34] The Bureau of Prisons stopped reporting the number of imprisoned transgender people as a result of the order. [29]

Advocates say the order violated the Prison Rape Elimination Act, a 2003 law requiring trans inmates be housed on a case-by-case basis and federal, state, and local prisons to enforce a zero-tolerance sexual assault policy. They also argued it violated the Americans with Disabilities Act (since the ADA recognizes gender dysphoria as a disability) [35] It was also argued to violate the U.S. Constitution's Fifth Amendment’s due process clause and Eighth Amendment’s prohibition against cruel and unusual punishment. [36]

The non-profits the National Center for Lesbian Rights (NCLR) and GLBTQ Legal Advocates & Defenders (GLAD) filed a lawsuit Sunday on behalf of a trans woman, Maria Moe, who had medically transitioned as a teenager and never been in a men's prisons, who had her identification changed from female to male, was placed in segregating housing, and was told she would be transferred to a men's prison. [34] U.S. District Judge George O'Toole issued a preliminary injunction against the move, requiring prison officials to keep her in the women's prisons and continue to provide her gender-affirming care access. [37] The non-profits and other law-firms filed another complaint on behalf of 3 incarcerated trans women, two of whom had previously been sexually assaulted in men's facilities. [34]

Censorship

On February 1st, 2025, the Centers for Disease Control and Prevention ordered its scientists to retract any not yet published research they had produced which included any of the following banned terms: "Gender, transgender, pregnant person, pregnant people, LGBT, transsexual, non-binary, nonbinary, assigned male at birth, assigned female at birth, biologically male, biologically female”. [38]

Reactions

The executive order was widely condemned as "extremist" by feminist, LGBT, and civil rights organizations. According to The New Republic , the executive order is "packed with the kinds of conspiratorial thinking about gender and sexuality that have become commonplace on the right." [39]

Organizations

Against

The American Civil Liberties Union's Chase Strangio described the executive order as aimed at eradicating trans people from civic and public life. [40] The ACLU vowed to take the Trump administration to court "wherever we can" to defend LGBTQ rights. [41]

Human Rights Campaign President Kelley Robinson said "today's expected executive actions targeting the LGBTQ+ community serve no other purpose than to hurt our families and our communities" and that "we will fight back against these harmful provisions with everything we've got." [41] Advocates for Trans Equality stated that it would continue to protect national transgender rights. [42] Asian Americans Advancing Justice also expressed its intention to "confront hate and discrimination in all its forms" regarding the order. [43] Lambda Legal chief legal officer Jennifer Pizer stated that she expects her organization and others to sue the administration. [44]

The National Organization for Women condemned Trump's "extremist executive orders spree" and "scorecard of shame" that NOW said is "defined by cruelty, not common sense, and puts people in real danger." [45] [ non-primary source needed ]

The National Council of Jewish Women and Keshet issued a joint statement condemning Trump's actions targeting the LGBTQ+ community for "seeking to erase federal recognition of trans people" and said that these actions are "designed to instigate fear and hatred. Executive orders are not law — they will be challenged. The Jewish community overwhelmingly supports LGBTQ+ equality and is committed to protecting, supporting, and welcoming the LGBTQ+ community. We will fight this harmful discrimination in the courts, in Congress, and through the regulatory process, with our many coalition partners to ensure equality and justice". [46] [ non-primary source needed ]

The assertions of the executive order were described as being at odds with determinations of expert groups including the American Medical Association, which holds that gender identity is a spectrum, not an "immutable male–female binary". [2]

For

Jim Daly, president of Focus on the Family, issued a statement in support of the executive order stating in part "We are long overdue in this effort to re-establish the exclusivity of two genders...". [47] The American Family Association has praised the change as one that "acknowledges the truth". [48] The Alliance Defending Freedom stated that the order is a "180-degree turn back toward reality and common sense." [49]

Politicians and elected offices

Maryland's Attorney General Anthony Brown released a statement denouncing the order, stating that it would threaten peoples' lives, and that he aimed to "protect all Marylanders – especially members of marginalized communities – and wants transgender residents of our State to know that they belong, they matter, and our Office will fight for their rights and safety." [50]

International

According to Voice of America , the order received mixed reactions across Africa, with conservatives welcoming it and gay rights activists condemning it. [51]

On January 26, 2025, a trans inmate represented by GLAD filed a lawsuit in the United States District Court for the District of Massachusetts, alleging that forced transfers and detransition of trans inmates violates the Due Process Clause, Eighth Amendment protections against cruel and unusual punishments, and the Rehabilitation Act of 1973. [52] [53] On January 30, 2025, District Judge George A. O'Toole Jr. unsealed the case and revealed that he had issued a temporary restraining order. [54]

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References

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  2. 1 2 "Trump 'gender ideology' executive orders seek to deny existence of trans people and end DEI". The Independent. Retrieved 21 January 2025.
  3. ↑ "Trump rolls back trans and gender-identity rights and takes aim at DEI". The Guardian. Retrieved 21 January 2025.
  4. ↑ Martin Pengelly (September 13, 2023). "Rightwing women's group slammed for keynote address by 'misogynist' Trump". The Guardian.
  5. 1 2 "Celebrating President Trump's Fight for Women's Dignity". Concerned Women for America. January 21, 2025.
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  8. ↑ "'This Is Step One': Trump Issues Executive Order Declaring There Are 'Only Two Sexes'" . Retrieved 21 January 2025.
  9. ↑ Garcia, Eric (2025-01-22). "Sarah McBride laughs off Trump's anti-trans executive order" . Retrieved 2025-01-22.
  10. 1 2 "Trump signs executive orders proclaiming there are only two biological sexes, halting diversity programs". 2025-01-21. Retrieved 2025-01-22.
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  12. ↑ González, Oriana (2025-01-21). "Trump's Gender Order Won't Affect Existing Passports — Unless They're Renewed". NOTUS. Retrieved 2025-01-26.
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  14. ↑ Demopoulos, Alaina (2025-01-22). "'A twist of the knife': trans Americans respond to Trump's executive order". The Guardian. ISSN   0261-3077 . Retrieved 2025-01-22.
  15. 1 2 Molteni, Megan (2025-01-23). "Trump executive order declaring only 'two sexes' gets the biology wrong, scientists say". STAT. Retrieved 2025-01-24.
  16. ↑ Alfonseca, Kiara (January 23, 2025). "Trump's definition of 'male,' 'female' criticized by medical and legal experts". ABC News. Retrieved 2025-01-23.
  17. ↑ Weigel, Alicia Roth (2025-01-23). "Trump's 'Biological Truth' Executive Order is Not Based in Biology or Truth". TIME. Archived from the original on 2025-01-23. Retrieved 2025-01-23.
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  19. ↑ Alicia Roth Weigle (January 23, 2025). "Trump's 'Biological Truth' Executive Order is Not Based in Biology or Truth". Time.
  20. ↑ Yeo, Amanda (2025-01-22). "Did Trump's executive order just make everyone in the U.S. female?". Mashable. Retrieved 2025-01-23.
  21. ↑ Garcia, Eric (2025-01-22). "Sarah McBride laughs off Trump's anti-trans executive order". The Independent. Retrieved 2025-01-22.
  22. ↑ "Did Donald Trump define all Americans as females in his executive order?". The Jerusalem Post | JPost.com. 2025-01-22. Retrieved 2025-01-23.
  23. ↑ Wazer, Caroline (2025-01-23). "Trump Executive Order Didn't Say All Humans Are Female, But Its Sex Definitions Lack Clarity". Snopes. Retrieved 2025-01-28.
  24. ↑ Wiggins, Christopher (January 21, 2025). "Trump administration erases mentions of LGBTQ+ & HIV resources from government websites". The Advocate . Retrieved 22 January 2025.
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  33. ↑ McCall, Vivian (January 30, 2025). "Trump's Federal Government is Blocking Gender Marker Changes". The Stranger. Retrieved 2025-02-02.
  34. 1 2 3 Levin, Sam (2025-01-30). "Trans people in US federal prisons face brutal crackdown under Trump order". The Guardian. ISSN   0261-3077 . Retrieved 2025-02-01.
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  36. ↑ Schulberg, Jessica (2025-01-31). "Three Transgender Women Sue Trump Administration Over 'Life Or Death' Prison Transfer Plan". HuffPost. Retrieved 2025-02-01.
  37. ↑ Raymond, Nate (January 30, 2025). "US judge blocks Trump administration from transferring transgender inmate". Reuters.
  38. ↑ Faust, Jeremy. "CDC Researchers Ordered to Retract Papers Submitted to All Journals". MedPage Today.
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  40. ↑ "Chase Strangio: Trump's Anti-Trans Executive Orders Threaten LGBTQ+ People While Claiming to Defend Women". democracynow. Retrieved 21 January 2025.
  41. 1 2 "Trump Declares War on Transgender People". motherjones. Retrieved 21 January 2025.
  42. ↑ Saric, Ivana (2025-01-21). "Trump targets transgender protections in new executive order". Axios. Retrieved 2025-01-21.
  43. ↑ Pengelly, Martin (2025-01-21). "Trump rolls back trans and gender-identity rights and takes aim at DEI". The Guardian. ISSN   0261-3077 . Retrieved 2025-01-21.
  44. ↑ Arkin, Daniel; Alcindor, Yamiche; Lavietes, Matt (January 20, 2025). "Trump signs executive orders proclaiming there are only two biological sexes, halting diversity progra". NBC News . Archived from the original on January 21, 2025. Retrieved January 21, 2025.
  45. ↑ "Trump's Executive Orders Are Cruel, Dangerous and Illegal". National Organization for Women . Retrieved 22 January 2025.
  46. ↑ "Keshet and National Council of Jewish Women Condemn Presidential Actions Targeting LGBTQ+ Community and Seeking to Erase Federal Recognition of Trans People". National Council of Jewish Women . Retrieved 22 January 2025.
  47. ↑ Mark Wingfield (January 20, 2025). "Swift responses follow Trump's promised executive orders". Baptist News Global.
  48. ↑ Geoff Mulvihill, Ayanna Alexander, and Kimberlee Kruesi (January 20, 2025). "Trump orders reflect his promises to roll back transgender protections and end DEI programs". Associated Press.{{cite web}}: CS1 maint: multiple names: authors list (link)
  49. ↑ Ingrid Jacques (January 26, 2025). "Liberals want to erase women. Trump is standing up for our most basic rights - Opinion". USA TODAY.
  50. ↑ "Maryland Attorney General: Trump's executive order on transgender rights 'threatens people's lives'". dcnewsnow. Retrieved 22 January 2025.
  51. ↑ "Trump's executive orders on gender draw mixed reaction across Africa". www.voanews.com. Retrieved 2025-01-22.
  52. ↑ Harmon, Amy (2025-01-27). "Inmate Sues the Trump Administration Over Transgender Executive Order". The New York Times. ISSN   0362-4331 . Retrieved 2025-01-30.
  53. ↑ "Transgender inmate sues over Trump's order curtailing LGBT rights". Reuters. 2025-01-27. Retrieved 2025-01-30.
  54. ↑ "US judge blocks Trump administration from transferring transgender inmate". Reuters. 2025-01-30. Retrieved 2025-01-30.
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