President Donald Trump, on his first day back in office, signed an executive order that redefines how the federal government recognizes gender. Effective immediately, the U.S. government will acknowledge only two genders: male and female. This policy significantly shifts how official documents, prisons, and federal institutions address gender identity, drawing strong praise and sharp criticism.
“This is about returning to the fundamental truth that there are two sexes—male and female—that are grounded in biological reality,”
A White House official stated during a press briefing that the order, issued shortly after President Trump’s swearing-in, outlines sweeping changes affecting government forms, passports, and prison policies.
Since 2010, Americans have been allowed to change the gender listed on their passports with a physician’s approval. Recently, a third “X” option was introduced for nonbinary individuals. Trump’s order eliminates this option and reinstates the requirement for physician approval for any gender changes on official documents.
Key Points of Trump’s Executive Order
Recognition of Genders: The executive order explicitly states that the federal government will no longer acknowledge transgender or nonbinary identities, effectively erasing these identities from federal documentation and policies.
Impact on Federal Policies: The order seeks to revoke policies established during the Biden administration that facilitated updates to gender markers on federal identification documents. This change is expected to complicate legal recognition and travel for transgender individuals.
Housing Policies in Prisons: A significant aspect of the order mandates that transgender women be housed with men in federal prisons, reversing previous guidelines that allowed for housing based on gender identity. This decision raises serious concerns about the safety and well-being of transgender inmates.
Healthcare Access: The executive order also aims to eliminate access to gender-affirming healthcare for incarcerated individuals, which could exacerbate health disparities among this vulnerable population.
Diversity, Equity, and Inclusion Programs: The administration plans to cut funding for DEI initiatives across federal agencies, aligning with Trump’s campaign promises to combat what he terms “woke” culture
The new policy also impacts federal prisons, where transgender inmates’ placements have often been a contentious issue. The order calls for stricter guidelines to ensure inmates are housed based on their birth sex. While the specifics remain unclear, the policy is likely to affect around 1,200 transgender federal inmates.
Key Impacts of the Executive Order
Housing Policies: By requiring transgender women to be placed in male facilities, the order poses significant risks regarding their safety and mental health. This change disregards individual gender identity and could expose them to violence and harassment within the prison system.
Healthcare Access: Terminating provisions for gender-affirming medical care in federal prisons not only jeopardizes inmates’ health but also contradicts established practices that recognize the medical needs of transgender individuals.
Legal Protections: Advocacy groups are preparing legal challenges based on existing laws like the Prison Rape Elimination Act (PREA), which provides protections for transgender individuals in detention settings.
Legal experts suggest that Trump’s orders may face significant hurdles in court due to contradictions with established legal precedents.
The executive order is expected to face immediate challenges in court. Organizations like the ACLU have already voiced strong opposition, calling the policy discriminatory and harmful to transgender individuals. The legal landscape for transgender rights, which has evolved significantly over the past decade, will now likely enter a period of uncertainty.
Outgoing Secretary of State Antony Blinken’s 2021 decision to remove the doctor’s sign-off requirement for gender changes and the 2022 introduction of the “X” marker were celebrated by many as milestones for LGBTQ+ rights. These policies are now rolled back, prompting concern among advocates about the broader implications for civil rights.
This move isn’t without context. Gender identity was a hot-button issue during the 2024 election, with Trump frequently pledging to address what he called “woke policies” regarding gender. Critics of his Democratic opponent, Kamala Harris, highlighted her previous support for taxpayer-funded transition surgeries for undocumented immigrants, a topic that also polarized voters.
For Trump’s supporters, this executive order is a promise kept. For his detractors, it represents a rollback of progress.
This policy raises fundamental questions about the nation’s commitment to diversity and human rights. Legal battles will likely shape the policy’s durability while advocacy groups and affected individuals continue to fight for recognition and equality.