Trump signs executive order directing government to only recognize two biological sexes

WASHINGTON (OSV News) — President Donald Trump signed executive orders Jan. 20 that direct the U.S. government to only recognize two sexes, male and female, and another ending diversity, equity and inclusion programs within federal agencies.

In an order titled “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government,” Trump directed, “It is the policy of the United States to recognize two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality.”

The order also directed that government-issued identification documents, “including passports, visas, and Global Entry cards, accurately reflect the holder’s sex.”

The issue of policy concerning people who identify as transgender was a hot-button topic during the 2024 election, with Trump running ads saying the agenda of his rival, then-Vice President Kamala Harris, was for “they/them, not you.”

A still-pending ruling by the U.S. Supreme Court on a Tennessee state law banning certain types of medical or surgical gender reassignment procedures for minors who identify as transgender may bring the issue back to the forefront during Trump’s second term.

Kristen Waggoner, CEO, president and general counsel for Alliance Defending Freedom, called the order “momentous.”

“It’s a 180-degree turn back toward reality and common sense,” Waggoner said in a statement. “Men and women have real biological differences. When the law denies this, people suffer. ADF has represented female athletes deprived of fairness, privacy, and safety; students deprived of free speech; parents deprived of decision-making authority for their children; teachers deprived of conscience rights; and schools deprived of funding. This executive order is a victory for them.”

Kevin Jennings, CEO of Lambda Legal, an LGBTQ+ policy group, issued a statement vowing to push back on “Trump’s first actions in office targeting LGBTQ+ people.”

“The Trump administration is targeting, among others: transgender and intersex people, especially youth, denying them access to essential public facilities, school programs, and the same medically recommended health care that is readily available to their cisgender peers; anti-bias programming and protections in the workplace; and transgender, intersex, and nonbinary people who only seek to have accurate identity documents,” Jennings said, adding the group was exploring “every legal avenue” to challenge the orders.

In guidance on health care policy and practices released in March 2023, the U.S. Conference of Catholic Bishops’ Committee on Doctrine outlined the church’s teaching that “just as bodiliness is a fundamental aspect of human existence, so is either ‘being a man’ or ‘being a woman’ a fundamental aspect of existence as a human being, expressing a person’s unitive and procreative finality.”

A 2022 study by the UCLA Williams Institute found that there are approximately 1.6 million people — adults and youth over age 13 — in the U.S. who identify as transgender.

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