On his first day in office, President Trump issued an executive order declaring that the federal government would recognize only two sexes: male and female. The order further states that one’s sex is unchangeable, and that sex begins at conception.
The order is inaccurate and dangerous. It represents an attack on the LGBTQ+ community and a threat to the dignity and safety of transgender individuals and their families. It also ignores the existence of intersex individuals.
This Executive Order aims to remove protections for transgender and non-binary people, such as being able to choose “X” as the gender on their passports or use the bathroom for the gender they identify with. It also has implications for federal prisons, migrant shelters, and rape/domestic violence shelters by requiring them to be segregated by sex as defined by the order.
Finally, the order says that the federal government will re-examine, Bostock v. Clayton County (2020), a Supreme Court case that ruled employment discrimination based on sexual orientation and gender identity is unconstitutional.
It’s important to remember there is a difference between sex and gender. Most of us are assigned a sex birth that is largely based on whether we have a penis or a vagina/vulva. Of course, even biological sex is more complicated than that. It includes factors such as chromosomes, hormones, and internal and external anatomy.
The order purposely ignores the difference between biological sex and gender identity. It also ignores the complexity of biological sex by offering this definition:
This is inaccurate and wildly out of touch with science. No medical institution would define sex in this way. Biological sex is based on chromosomes, hormones, and internal and external anatomy.
Typically, but not always, an embryo with XX chromosomes will become female and one with XY chromosomes will become male. But many things can happen during fetal development to change this. This definition ignores anyone who is born with genitals, reproductive organs, and hormones that can differ from typical male/female bodies, often called intersex people.
The language used in the executive order suggests that personhood begins at conception. Conception is not a medical or scientific term. Some people use the term conception to refer to fertilization. This type of language has been used by anti-abortion advocates to argue that fetuses have rights equal to—if not more important than—the rights of the person who is carrying them. The negative effects of putting personhood language into law cannot be understated. This could impact IVF, abortion, and birth control access.
We know that anti-trans laws directly harm trans, nonbinary, and intersex people. Orders like this undermine their existence and increase threats to their safety and mental health.
There has been rise in anti-trans violence and hate crimes in recent years. GLAAD has recorded over 2,000 incidents of anti-LGBTQ+ violence since the start of 2022. Transgender people are over four times more likely than cisgender people to be victims of violent crimes
We also know that transgender young people face more mental health challenges and an increased risk of suicide. A 2024 peer-reviewed study published in Nature Human Behavior found that anti-transgender state laws directly caused an increase in suicide attempts among transgender youth by up to 72%.
ASHA denounces this executive order which is scientifically inaccurate, politically motivated, and will harm some of the most vulnerable people in our society.
It is important to note that the executive order does not immediately go into effect and will undoubtedly be challenged in court. ASHA will follow this issue closely.
ASHA believes that all people have the right to the information and services that will help them to have optimum sexual health. We envision a time when stigma is no longer associated with sexual health and our nation is united in its belief that sexuality is a normal, healthy, and positive aspect of human life.
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