Trump Declares ‘Only Two Genders’ Official In US: Protection Or Contradiction?

Upon assuming the presidency on Monday, U.S. President Donald Trump announced that the federal government would only recognise two genders: male and female. “As of today, it will henceforth be the official policy of the United States government that there are only two genders -- male and female,” the newly inaugurated President said.

This was one of the many executive orders signed by President Trump in his first hours in office. He repealed 78 executive orders signed by his predecessor, Joe Biden. These included several measures supporting racial equity and combating discrimination against gay and transgender individuals.

The order is in line with Trump's campaign promise to rid the nation of what he calls “transgender insanity.”

What Does The Order Say?

The executive order, titled “DEFENDING WOMEN FROM GENDER IDEOLOGY EXTREMISM AND RESTORING BIOLOGICAL TRUTH TO THE FEDERAL GOVERNMENT,” states that sexes are “not changeable” and are based on “fundamental and incontrovertible reality.” It criticises legal and coercive actions permitting men to self-identify as women, granting them access to spaces designed exclusively for women, such as domestic abuse shelters and workplace showers.

As part of the order, the federal government is required to use the term “sex” instead of “gender.” It directs the State Department and the Department of Homeland Security to ensure official government documents, including passports and visas, reflect sex accurately, limiting the options to male and female. The order also seeks to end federal funding for gender-affirming medical treatments like hormone therapy, which primarily affects transgender adults. 

The order would also restrict the use of gender-specific pronouns to refer to transgender people in government buildings and workplaces. 

Under Joe Biden’s administration, policies were introduced to accommodate gender diversity. In 2022, the State Department began allowing U.S. citizens to select a third gender, marked as “X,” on passports. This option, which did not require medical documentation, was designed for individuals who do not identify as male or female, including those who are nonbinary or intersex.

The Trans Debate In US

The announcement of the order on Monday reflects one of Trump’s campaign promises to counter “gender ideology.” Anti-trans rhetoric was a mainstay of Trump's campaign rallies. One of Trump's most notable political advertisements said that his opponent, Kamala Harris, was "for they/them" while "President Trump is for you."

Transgender rights have become a contentious political topic between Republicans and democrats in recent years in the US. Right-wing and religious conservative groups have turned this issue into a divisive topic since transgender persons became more visible in the media and in the public eye in the 2010s, particularly after the Supreme Court recognised the right to same-sex marriage in 2015. 

During the November election season, several Republicans campaigned on repealing transgender legislation, with a particular focus on transgender women participating in sports. These groups concur that the traditional family is under attack, that children in the classroom are being indoctrinated to become homosexuals, and that "gender" is a “destructive philosophy” that threatens to destroy families.

Contradictions In Policy

The order's purported goal of “defending women” is at odds with the Republican Party's stance on abortion rights. Though Trump has flip-flopped on where exactly he stands on the issue of abortion over the years, his administration will be a contrast to Joe Biden, who has long favoured abortion rights. Many reproductive rights organisations, medical practitioners, and legislators anticipate that Trump will seek a federal abortion ban.

After the United States Supreme Court abolished the constitutional right to abortion in June 2022, the US became an international outlier amidst widespread abortion law liberalisation around the world. As of August 2024, 17 states in the US have outlawed almost all abortions, banning the procedure at six weeks of pregnancy or earlier. Some make narrow exceptions for cases of rape, incest, or the mother's health.

In Outlook’s 11 November 2024 issue Whitewash, which is about the US elections and its impact on the world, author Ruchira Gupta writes on how abortion rights are shaping the US political landscape. She writes that by restricting reproductive rights, political forces aim to reassert traditional family structures, making male authority seem “natural” at home and extending this logic to the broader state. To read more stories from the issue, click here.

Despite its professed commitment to progressivism, many policies in the United States are “regressive,” particularly in areas targeting LGBTQ+ individuals and women's reproductive rights. As the US continues to promote liberal values abroad, its own citizens are fighting to preserve basic rights at home.