In a significant shift in federal policy, Donald Trump plans to issue an executive order immediately after his inauguration that will limit federal recognition to just two sexes—male and female—effectively dismantling protections for transgender and nonbinary individuals implemented during the Biden administration.
The policy shift and its implications
The sweeping directive will impact multiple federal agencies, particularly affecting documentation like passports and visas. This marks a stark departure from current policies that allow individuals to select “X” as a gender marker on federal documents, an option the State Department has offered since 2022 without requiring medical documentation.
“Then no longer will government be promoting gender ideology,” said a senior incoming White House official during a pre-inauguration briefing. “These are sexes that are not tangible, and they are bounded in fundamental and incontrovertible reality.”
Implementation across federal agencies
The State Department and Department of Homeland Security will be at the forefront of implementing these changes. The directive specifically instructs federal agencies to use the term “sex” rather than “gender” in all official business.
“Agencies should give effect to these terms when applying their statutes, regulations, guidance, and all other agency business,” the incoming White House official explained.
“Restoring sanity: “The administration’s reasoning
The incoming administration frames this policy change as a move toward what they term “restoring sanity.” According to the White House official, the change addresses what they perceive as a crisis of public trust.
“When the government fails to recognize the truth and treats self-identification as more important than biological sex, people can no longer trust their government,” the official stated. “They can no longer understand the words that their government is using.”
Impact on existing policies
This executive order will effectively reverse policies implemented under President Biden that expanded gender identity protections in federal documentation. The change particularly affects the passport system’s current three-gender option, which has been in place for nearly three years.
The timing of this policy shift is notable, as it comes as one of Trump’s first acts upon returning to the White House, signaling the high priority his administration places on this issue. The president-elect is expected to sign this order among a series of executive actions immediately following his noon inauguration on Monday.
