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EXCLUSIVE: Trump’s Day One Executive Order on ‘Male and Female’
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EXCLUSIVE: Trump’s Day One Executive Order on ‘Male and Female’
Donald Trump speaks at a MAGA victory rally in Washington, D.C., on January 19, 2025. (Jim Watson via Getty Images)
The White House strikes out at gender ideology and pronouns. Also: ends housing of biological men in women’s prisons; self-ID on passports; and more.
By Emily Yoffe
01.20.25 — Inauguration and Politics
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EXCLUSIVE: Trump’s Day One Executive Order on ‘Male and Female’
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Toward the end of the 2024 presidential campaign, Donald Trump’s campaign released an unexpected ad, and one that was extremely politically effective. The tagline—“Kamala is for they/them. President Trump is for you.”—could go down in history as one of the most effective campaign slogans ever devised.

The ad reinforced a promise Trump repeated at rally after rally as he toured the swing states: If returned to office, he would immediately take on the gender ideology the Biden administration had embraced. Namely, he would end policies such as allowing males on women’s sports teams and in women’s locker rooms, and the housing of male prisoners who identify as transwomen in federal prisons for female offenders.

President Trump has addressed all this and more in an expansive executive order he will sign tomorrow afternoon called “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”

Here is what the order sets out:

  • The Executive Order establishes Government-wide the biological reality of two sexes and clearly defines male and female.

    • All radical gender ideology guidance, communication, policies, and forms are removed.

    • Agencies will cease pretending that men can be women and women can be men when enforcing laws that protect against sex discrimination.

    • “Woman” means an “adult human female.”

    • The Executive Order directs that Government identification like passports and personnel records will reflect biological reality and not self-assessed gender identity.

  • The Executive Order ends the practice of housing men in women’s prisons and taxpayer funded “transition” for male prisoners.

  • The Executive Order ends the forced recitation of “preferred pronouns” and protects Americans’ First Amendment and statutory rights to recognize the biological and binary nature of sex.

    • This includes protection in the workplace and in federal funded entities like schools.

Asked why Trump is making sex-based policy a day one priority of his administration, an incoming senior administration official said, “This really was a defining issue of the campaign. The president is going to be fulfilling the promises he made on the trail.” The executive order puts it more bluntly: “Radical gender ideology has devastated biological truth and women’s safety and opportunity.”

It is becoming something of a presidential tradition to begin a term with sweeping directives regarding “gender identity.” President Biden, on his first day in office, demanded the federal government “review all existing orders, regulations, guidance documents, policies, programs, or other agency actions” that could impinge on transgender rights. Language and rules about transgender identities became embedded in the vast federal bureaucracy.

Now, Trump has ordered a reversal of all this. In an exclusive briefing with The Free Press, two senior officials provided a summary of the executive order. “Women deserve protections, they deserve dignity, they deserve fairness, they deserve safety,” said a senior policy adviser explaining why the order explicitly embraces the necessity of special treatment for women. “And so this is going to help establish that in federal policy and in federal laws.”

In reading the order, it’s clear that lawsuits challenging the new directives will start stacking up quickly. The order, for example, asserts that “All radical gender ideology guidance, communication, policies, and forms are removed.” This is far from mere symbolism. United States passports—which since 2022 have allowed citizens to choose “X” as their gender—will revert to offering exclusively male and female options, with the proviso that what people select must “reflect biological reality and not self-assessed gender identity.”

The executive order also “ends the forced recitation of ‘preferred pronouns’ and protects Americans’ First Amendment and statutory rights to recognize the biological and binary nature of sex.” When asked about how this would affect public universities, which are bound by the First Amendment’s free speech protections, the senior policy adviser said the U.S. attorney general will enforce these rights. The adviser cited a 2022 federal court ruling to the effect that a Shawnee State University philosophy professor was deprived of his First Amendment rights by being forced to address a transgender student using that student’s chosen pronouns.

The task of the Trump administration now will be to promulgate rules implementing the order, which will affect people’s daily lives. It is inevitable that activist organizations will take these matters to court. The policy adviser said the administration is ready for litigation, predicting Trump will be “100 percent successful.”

It’s a fight the new administration seems to relish. Both officials said the executive order has the potential to broaden the president’s support. “Just take a look at the polling,” the senior official said. “The public is broadly in favor of the president’s and of the Republican Party’s stance on gender. That there are two biological sexes is something that the public is supportive of.”

The executive order does not address one of the most contentious areas of transgender activism: “gender-affirming care” for minors, meaning putting gender-distressed young people on a swift course to transition and lifetime medication. The Biden administration ardently supported such treatments, even as other Western nations began to restrict them, and dozens of U.S. states began to ban them.

The Biden administration sued Tennessee over its ban. That case resulted in a contentious oral argument at the Supreme Court in December, after which most observers felt the court would probably uphold Tennessee’s law.

Asked about why the new executive order does not deal with this, the senior official said, “This executive order is the first of many. I would expect that anything the president said he would do on the trail regarding these issues, he’s going to be fulfilling those promises.”

The order ends with a sweeping statement about the fundamental issue the White House believes is at stake in this order: ”Men and women are equal but have obvious sexual differences,” it reads. “If federal policies promote such an obvious falsehood that men can become women, the government will forfeit all credibility. The government must maintain a commitment to recognizing biological reality to maintain the trust of the American people.”

This order is one of nearly 200 executive actions the White House is rolling out today. Among them: orders to declare a national emergency at the border; end all DEI programs across the federal government; withdrawal from the Paris climate accord; and a return-to-office directive for federal workers.

Sometimes the news moves so fast, you have to look closely to recognize if you’ve seen it before. Check out Eli Lake’s new podcast, “Breaking History,” where he breaks down the news by breaking down history. Premiering January 22 on all podcasting platforms.

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Emily Yoffe
Senior editor Emily Yoffe is a veteran journalist who has published widely on numerous topics. She was a contributing writer to The Atlantic where she wrote about campus sexual assault and MeToo and the need for due process for the accused. She was a longtime contributor to Slate, where she was their "Dear Prudence" columnist for 10 years.
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