One of President Trump’s Day one executive order represents a significant shift in federal policy regarding Title IX and gender ideology. The order redefines sex as male or female based on biological reality, reversing guidance from previous administrations that emphasized gender identity. On the campaign trial in 2019, Biden, when asked how many genders there are he answered, “at least three.” Trump order, signed on day one of his administration, directs federal agencies to implement this definition across policies, documents, and programs, prohibiting the promotion of gender ideology in federally funded entities.

The executive order’s provisions are particularly relevant to local incidents like the one at Sun Prairie East High School in Wisconsin. In this case, a female student and her family, represented by the Wisconsin Institute for Law and Liberty (WILL), filed a complaint after the student was forced to share a shower space with a fully undressed adult male who identified as transgender. The case underscores the order’s mandate for agencies to ensure intimate spaces such as locker rooms and showers are designated based on biological sex, aiming to protect privacy and safety for women and girls.

The order contains seven key sections:

1. Purpose: This section highlights the need to recognize biological sex as foundational to policy and law, arguing that gender ideology undermines women’s rights, public safety, and trust in government. It criticizes the erosion of sex-based distinctions and emphasizes the importance of scientific and biological truths in federal governance.
2. Policy and Definitions: The order establishes that federal policies must recognize only two sexes—male and female—and outlines definitions for terms such as “sex,” “gender ideology,” and “gender identity.” It also explicitly rejects the idea that gender identity can replace sex in legal and policy contexts.
3. Recognizing Women Are Biologically Distinct From Men: This section directs agencies to enforce sex-based laws and update government-issued documents, such as passports, to reflect biological sex. It also mandates the removal of policies and forms that promote gender ideology.
4. Privacy in Intimate Spaces: Federal agencies must ensure single-sex spaces, such as prisons and shelters, are segregated by biological sex. It also prohibits federal funds from being used for gender transition-related medical procedures for inmates and rescinds previous rules allowing access to single-sex spaces based on gender identity.
5. Protecting Rights: The order emphasizes the right to single-sex spaces and mandates enforcement of these rights under the Civil Rights Act of 1964. It prioritizes investigations and litigation to uphold sex-based distinctions in federally funded institutions and workplaces.
6. Bill Text: Within 30 days, a proposed bill codifying these definitions will be presented to Congress, aiming to solidify the policies in law.
7. Agency Implementation and Reporting: Agencies are required to submit updates within 120 days on their progress in implementing the order, ensuring accountability and adherence to the new definitions and policies.

This executive order has caused both praise and criticism. Supporters view it as a necessary step to protect privacy and uphold biological realities, while opponents argue it marginalizes transgender individuals. The next step is Congress codifying these changes into law, with tight majorities, it remains to be seen if Republicans can pull that off.