In a flurry of activity since his return to the White House earlier this week, President Donald Trump has signed an unprecedented number of executive orders—over 200—aimed at reshaping federal policies across a broad spectrum of issues. Among these, one of the most controversial and impactful is an order titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive has profound implications for non-binary individuals, particularly those who previously benefited from the ability to select an “X” gender marker on their passports, a policy introduced during the Biden administration. The executive order has ignited widespread concern among LGBTQ+ advocates, civil rights organizations, and legal experts, sparking a heated national debate about identity, inclusion, and the role of government in personal recognition.
The Executive Order: Redefining Gender in Federal Documentation
President Trump’s executive order fundamentally alters the federal government’s approach to gender identification. The directive enforces a strict binary definition of gender, recognizing only “male” and “female” as valid categories based on biological sex assigned at birth. This definition extends to all federal documentation, including passports, birth certificates, and other forms of identification. The order explicitly revokes the ability for individuals to select an “X” gender marker—a neutral option that accommodates non-binary, genderqueer, and other gender-diverse identities.
Key Provisions of the Executive Order:
Reversal of Previous Initiatives: This executive order stands in stark contrast to the Biden administration’s efforts to promote inclusivity and recognition of gender diversity. In October 2021, the U.S. issued its first passport with an “X” gender marker, a milestone celebrated by LGBTQ+ communities as a step toward greater acceptance and acknowledgment of diverse gender identities.
Suspension of Non-Binary Gender Markers: Effective immediately, any passport application seeking to include an “X” gender marker or requesting a change in the sex marker is to be suspended indefinitely. This suspension applies to both current and future applications, although passports already issued with an “X” marker remain valid for the time being. Renewals or updates of these passports under the new policy will be subject to stringent scrutiny and potential refusal.
Policy Scope and Enforcement: The order mandates that all federal agencies adhere to the binary gender classification, overriding previous policies that recognized a spectrum of gender identities. Department of State officials, including Secretary of State Marco Rubio, have been directed to ensure that “sex, and not gender, shall be used” on official documents. Rubio, in an email obtained by The Guardian, emphasized that the policy change is rooted in preserving biological reality within government documentation systems.