Alicia goes on to question Trump’s executive order by asking what should her sex be “‘Female’ means a person belonging, at conception, to the sex that produces the large reproductive cell,” reads Trump's executive order. I was born with internal testicles and an external vagina. I have XY chromosomes and my birth certificate has always said, Female. I never produced the "large reproductive cell" and only made the "small reproductive cell" until I was sterilized without my consent as an infant, to fit my body into this scientifically unsound sex binary the executive order seeks to falsify into law.”
Donald Trump was elected as the President of The United States of America for the second time. He was sworn in on Monday on the 20th of January following which he made a speech declaring that America is on the brink of transformation and proceeded to sign more than 20 executive orders on Jan 20th itself to undo the chaos of the past and restore it with swift and decisive actions. One of those in the long list of orders was Trump’s proclamation that the U.S.A. will only recognize “Two Sexes, male and female” by his executive order on “Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,”. “As of today, it will henceforth be the official policy of the United States government that there are only two genders, male and female” is what he said, and ever since then the people belonging to the LGBTQIA+ community who identify as non-binary feel robbed of their identity.
What we need to focus on here is that Trump’s order criticizes certain groups for ignoring the biological differences between men and women. It rejects the idea of gender identity, stating that it is not based on biological facts. The order also states that all federal agencies and employees must use the term "sex" instead of "gender" in official policies and documents. Additionally, it requires that government-issued IDs must show a person's biological sex accurately. Something that is being overlooked here is the sheer difference between sex and gender. Sex refers to the biological and physiological characteristics that define individuals as male, female, or intersex and it is typically assigned at birth. Whereas, Gender is a social and cultural construct that encompasses roles, behaviours, identities, and expectations associated with being male or female in a society. It is not strictly tied to biological sex and varies across cultures and periods and it has a lot to do with one’s gender identity.
The order reinforces a rigid definition of gender-based strictly on biological classification. On Thursday, Secretary of State Marco Rubio reportedly issued a directive halting all passport applications that use the "X" sex marker, which has been available on federal documents for the past three years for Americans who do not identify strictly as male or female. This has created uncertainty for individuals who already possess passports with an "X" marker, as the administration has not yet clarified whether these documents will remain valid. However, what is clear is that Trump's policies are systematically dismantling the gender-inclusive reforms introduced by former President Joe Biden. Trump’s order denies the legal recognition of transgender and nonbinary people, barring them from updating their genders on federal documents like passports, visas, etc as well.
Under Biden, the State Department had begun issuing "X" markers on passports in 2022 after years of advocacy, particularly by figures such as Dana Zzyym, a non-binary and intersex U.S. Navy veteran who sued the government over the issue in 2015. The policy change was announced on Transgender Day of Visibility, a moment that the Biden administration used to affirm that "transgender rights are human rights." The shift allowed Americans to select an "X" gender marker on their passports without needing to provide medical or legal documentation, a move hailed as a landmark victory for non-binary and gender-nonconforming individuals. However, with Trump back in power, these progressive policies have been reversed. The cancellation of the "X" marker is part of a broader agenda to curtail transgender rights, and it signals a stark departure from the inclusivity of the previous administration.
For the transgender community and LGBTQ+ advocates, this decision represents a huge setback to all the progress made so far in the Department of Equal Rights. As Trump’s administration continues to redefine gender policies, the future remains uncertain for millions of Americans who do not conform to the binary gender system it is also unclear how the government would be able to enforce this rule because what if somebody has already changed their birth certificate of state identification and how would they know If somebody’s a transgender?
Alicia Roth Weigel, in her article ‘Trump’s ‘Biological Truth’ Executive Order is Not Based in Biology or Truth’ for TIME says “As the extensively data-driven HHS report references, more than 5 million intersex Americans were born with differences or variations in their sex characteristics or reproductive anatomy, roughly the same number as those born with naturally red hair.” Which is in a complete contradiction with what Trump believes that sexes are not changeable, rather “grounded in fundamental and incontrovertible reality.”
Further, Alicia goes on to question Trump’s executive order by asking what should her sex be “Female’ means a person belonging, at conception, to the sex that produces the large reproductive cell,” reads Trump's executive order. I was born with internal testicles and an external vagina. I have XY chromosomes and my birth certificate has always said Female. I never produced the "large reproductive cell" and only produced the "small reproductive cell" until I was sterilized without my consent as an infant, to fit my body into this scientifically unsound sex binary the executive order seeks to falsify into law.
A subsequent clause also prescribes a tax-funded effort to update our documentation to force fit this invalid rubric. So my question for the President is this: when you tell me to adopt documentation that "accurately reflects the holder's sex,"what should it say on mine?”
Estimates from 2022 state that 0.6% to 1.6% of America’s population is Trans but Trump is attempting to negate their very existence by pulling up this executive order. Although executive orders do have to go through a lengthy process before swinging into full action, this doesn’t keep us unaware of the fact that under this order, incarcerated trans people could forcibly be de-transitioned which also includes losing access to gender-affirming care. Trans women could be moved to men’s prisons which would place them at a greater risk of sexual assault. Trans people might not be able to renew their passports or get new ones with the correct gender marker and so much more. The Trans people are scared but hopeful right now one of them even said that the trans community has survived the Holocaust in Germany, and some trans and queer communities have survived the AIDS Epidemic but they lost a lot of people. They are hopeful that they might be able to surpass this as well but then again, they might lose a lot of people.
Freya Thakur is a student pursuing English Honours from Jamia Millia Islamia.
Edited by: Sana Faiz
Disclaimer: The opinions expressed in this publication are those of the author. They do not purport to reflect the opinions or views of The Jamia Review or its members.
