On January 20, 2025, President Donald Trump signed an Executive Order called “Defending Women From Gender Ideology Extremism and Restoring Biological Truth To The Federal Government.” This controversial directive establishes the United States’ official stance on sex, asserting that it recognizes only two sexes: male and female.
The administration describes this classification as binary, biological, and unchangeable.
Executive Branch Responsibilities
Through this Executive Order, President Trump demands that the Executive Branch actively enforce laws that uphold sex-based distinctions.
Federal agencies are tasked with eliminating any statements, policies, or regulations associated with what the Order identifies as “gender ideology.” This term encompasses the belief in a diverse range of genders that are disconnected from biological sex.
Additionally, the directive restricts federal funding for initiatives related to gender ideology, and mandates that all federal communications refer to “sex” rather than “gender.”
Impact on Government Policies
The Order also dictates that government-issued identification, including passports, visas, and Global Entry cards, must accurately depict an individual’s biological sex.
This represents a reversal of the policy enacted by the Biden Administration in 2022, which allowed citizens to select a gender-neutral “X” option on passports.
Moreover, the Executive Order emphasizes the importance of preserving “privacy in intimate spaces,” requiring that facilities like federal prisons and rape shelters designate spaces based on biological sex instead of gender identity.
Legal and Administrative Changes
Another significant aspect of the Executive Order is its attempt to clarify the implications of the Supreme Court’s 2020 ruling in Bostock v. Clay County.
This decision interpreted Title VII of the Civil Rights Act of 1964 to include discrimination based on both sexual orientation and gender identity.
The Order claims the Biden Administration has misinterpreted this ruling, implying it requires gender identity access to single-sex facilities.
In response, it instructs the Attorney General to provide immediate guidance to federal agencies, correcting what it considers the misapplication of Bostock concerning sex-based distinctions.
As part of the Order’s objectives, the Attorney General is charged with safeguarding the expression of the binary nature of sex and supporting the enforcement of single-sex spaces in workplaces and federally funded organizations under the Civil Rights Act of 1964.
The Attorney General, along with the Secretary of Labor, the General Counsel, and the EEOC Chair, is urged to prioritize legal actions that reinforce this binary framework.
Despite concerns that the newly appointed Acting Chair of the EEOC, Andrea R. Lucas, might slow enforcement efforts, a rise in legal scrutiny and investigations targeting non-compliant employers is expected.
The Executive Order also compels federal agencies to promptly revoke any guidance that contradicts its provisions and the forthcoming directives from the Attorney General.
Notably, it calls for the termination of the EEOC’s April 2024 guidance titled “Enforcement Guidance on Harassment in the Workplace.” This prior guideline had offered robust protections for LGBTQ+ employees against harassment linked to sexual orientation or gender identity, and highlighted that sex-based harassment included issues surrounding pregnancy and abortion.
With the reinstatement of the Executive Order, employers are advised to reevaluate their policies and practices accordingly.
This action represents just one of many initiatives undertaken by President Trump shortly after assuming office.
As developments continue to unfold, further updates are anticipated, prompting ongoing observation of changes in federal policy.
Source: Natlawreview