#IntersexAwareness

[executive-orders]

Government Agencies and Employees: Defending Women From Gender Ideology Extremism and Restoring Biological Truth (EO 14168)

Source: https://www.federalregister.gov/d/2025-02090

Analysis of Executive Order 14168

Title and Purpose:

The executive order titled "Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government" aims to reassert biological sex distinctions in federal policy, explicitly opposing what it terms as "gender ideology."

Key Components: (1) Biological Definitions:

The order mandates a strict binary understanding of sex, defining "sex" as an immutable biological classification. It differentiates terms like "male," "female," "man," "woman," "boy," and "girl" based solely on biological criteria at conception.

(2) Policy and Implementation:

Agencies are directed to enforce laws using these biological definitions. This includes revising policies, forms, and communications to exclude gender identity in favor of biological sex.

It rescinds previous executive orders that supported gender identity policies, including those that allowed for transgender inclusivity in federal documents and services.

(3) Public and Private Spaces:

The order seeks to ensure that spaces like prisons, shelters, and bathrooms are segregated strictly by biological sex, not gender identity. This includes reversing policies that allowed transgender individuals in facilities corresponding to their gender identity.

(4) Legal and Funding Implications:

It instructs the Attorney General to reinterpret the Supreme Court's Bostock v. Clayton County decision, suggesting that it does not extend to sex-based distinctions in federal policy outside employment discrimination.

Federal funding should not support initiatives promoting gender ideology, which includes educational and health policies.

(5) Guidance and Reporting:

Agencies must submit updates on how they implement these changes, including changes to documents and ensuring federally funded entities adhere to this policy.

Potential Impacts:

Social and Legal: This order could lead to significant legal challenges, as it might be seen as conflicting with recent interpretations of civil rights laws concerning discrimination based on gender identity. It could also affect transgender individuals' access to services and rights in federal contexts.

Cultural and Political: The order represents a significant cultural and political statement, potentially deepening divides on gender issues. It might energize cultural debates over gender identity versus biological sex.

Administrative: Implementing this order would require substantial policy revisions across numerous federal agencies, potentially leading to confusion, legal battles, or delays in service provision.

Critique:

Human Rights Concerns: Critics might argue that this order infringes on human rights, particularly the rights of transgender individuals to live according to their gender identity, which is recognized by many international human rights organizations.

Scientific and Medical Perspectives: The simplification of sex to a binary model disregards a growing body of scientific research on sex, gender, and intersex conditions, potentially ignoring the complexity of human biology and identity.

Legal Precedent: Reinterpreting Bostock in this manner could face judicial scrutiny, as the original ruling was quite clear on protections under Title VII extending to gender identity.

This executive order reflects a significant policy shift, one that would require careful legal and ethical scrutiny for its implementation and effects.

Evaluation in Relation to the Law of the United States

Constitutional and Legal Implications: (1) First Amendment - Freedom of Speech and Religion:

Speech: The order could be seen as restricting speech by mandating specific definitions for "sex" and "gender," potentially infringing on the freedom of expression for individuals and organizations that recognize or advocate for gender identities beyond binary classifications. Legal challenges might arise concerning compelled speech or censorship.

Religion: By defining "sex" strictly in biological terms, the order might conflict with religious freedoms if certain religious organizations or individuals hold beliefs about gender that differ from these definitions.

(2) Equal Protection Clause of the Fourteenth Amendment:

This clause mandates that no state shall deny to any person within its jurisdiction the equal protection of the laws. The order's definitions and mandates could be challenged if they are seen to discriminate against transgender or non-binary individuals by denying them equal treatment under the law.

(3) Title VII of the Civil Rights Act of 1964 and Bostock v. Clayton County (2020):

The Bostock decision interpreted sex discrimination to include discrimination based on sexual orientation and gender identity. Executive Order 14168 explicitly seeks to undo or reinterpret this legal precedent, which could lead to significant legal disputes. The Attorney General is directed to issue guidance correcting this interpretation, but this might not hold up in court without new legislative action or a reversal by the Supreme Court.

(4) Title IX of the Education Amendments of 1972:

The order mandates a strict biological interpretation of sex, which could conflict with current educational policies and guidance on transgender student rights under Title IX. Reversing recent interpretations might require Congressional action or new court decisions that align with the order's directives.

(5) Administrative Procedures Act (APA):

The order's directive for agencies to rescind guidance and change regulations might not align with the APA's requirements for notice-and-comment rulemaking. Agencies must typically provide public notice and allow for comments before changing significant regulations, which could delay or challenge the implementation of the order.

(6) Federal Funding and Grants:

By directing agencies to ensure federal funding does not support "gender ideology," this could lead to legal challenges regarding the criteria for funding, especially if seen as discriminatory or unconstitutional under existing civil rights protections.

Potential Legal Challenges:

Civil Rights Lawsuits: Transgender and non-binary individuals or advocacy groups might sue based on violations of civil rights laws, arguing discrimination based on sex and gender identity.

Federal Court Challenges: Courts might need to adjudicate conflicts between this executive order and existing legal interpretations, particularly those from Bostock and subsequent administrative guidance.

Legislative Pushback: Congress could attempt to pass legislation either supporting or countering this executive order, leading to potential vetoes or further legal battles.

Conclusion: The executive order, while within the President's authority to issue, would likely face numerous legal challenges based on current interpretations of the Constitution, civil rights statutes, and judicial precedents. Its implementation would hinge on judicial review, potentially leading to a patchwork of enforcement depending on court decisions. This could result in a significant legal and cultural debate over definitions of sex and gender in U.S. law and policy.

The executive order raises several ethical considerations that can be analyzed through various lenses:

Ethical Principles and Considerations: (1) Human Dignity and Respect:

Positive: The order aims to protect the dignity of women by ensuring spaces designated for them remain exclusive to biological females, potentially safeguarding privacy and safety in intimate environments like shelters or prisons.

Negative: It might undermine the dignity of transgender individuals by invalidating their gender identity and potentially exposing them to harassment or discrimination by denying recognition of their lived gender.

(2) Equality and Non-Discrimination:

Negative: By strictly defining sex based on biology and rejecting gender identity, the order could be seen as discriminatory against transgender, non-binary, and intersex individuals, potentially violating principles of equality under the law.

(3) Freedom of Expression and Identity:

Negative: The order curtails the freedom of individuals to express and live according to their gender identity, which could be seen as an infringement on personal autonomy and freedom of expression.

(4) Public Policy and Governance:

Positive: It might be argued that this order seeks to clarify policy for more straightforward application in areas like sports, privacy, and security where sex distinctions are seen as necessary.

Negative: It dismisses the complexities of gender identity, potentially leading to policies that do not reflect the diversity of human experience and could result in marginalization or harm to minorities.

(5) Legal and Scientific Accuracy:

Debatable: The order's definitions of "sex" and "gender identity" reflect one perspective in an ongoing scientific and legal debate. While some might argue it aligns with a traditional view of biology, others see gender as a more fluid and socially constructed aspect of identity, backed by emerging scientific research.

(6) Impact on Mental Health and Social Cohesion:

Negative: Policies like these could increase mental health issues among transgender individuals, including higher rates of depression, anxiety, and suicide, due to lack of recognition and societal acceptance.

(7) Legal Repercussions and Precedents:

The order positions itself against interpretations of previous legal decisions like Bostock v. Clayton County, potentially leading to legal challenges or a reevaluation of rights under existing civil rights legislation.

Ethical Evaluation Conclusion:

While the executive order might be well-intentioned in protecting what it perceives as women's rights and safety, it does so at the potential cost of the rights, dignity, and well-being of transgender, non-binary, and intersex individuals. Ethical governance ideally balances the protection of one group without unduly harming another, promoting inclusivity and respect for all identities. This order might be seen as overly restrictive, potentially fostering an environment of exclusion rather than one of inclusion and understanding.

A more ethical approach might involve:

Creating policies that ensure safety and privacy for all while acknowledging and respecting diverse gender identities.

Consulting with a wide range of stakeholders, including transgender advocates, to craft inclusive policies.

Investing in education and awareness to bridge understanding between different groups, rather than entrenching divisions through policy.

Evaluation of the following rule in this Executive Order: "Female means a person belonging, at conception, to the sex that produces the large reproductive cell. Male means a person belonging, at conception, to the sex that produces the small reproductive cell."

(1) Biological Accuracy:

Strengths:

The definition aligns with biological sex determination at a cellular level, where females produce ova (large gametes) and males produce sperm (small gametes). This distinction is rooted in biological science and applies across many species, not just humans.

It emphasizes the role of genetics in determining sex from the moment of conception, which is accurate from a biological standpoint.

Limitations:

Intersex Individuals: This definition does not account for intersex conditions where individuals may not fit neatly into binary categories due to variations in sex characteristics. For example, some intersex people might have a combination of male and female biological traits or might not produce typical gametes at all.

Developmental Anomalies: There are rare cases where genetic or developmental anomalies might lead to an individual producing atypical gametes or not producing them at all due to conditions like Turner syndrome (XO) or Klinefelter syndrome (XXY).

(2) Sociocultural Implications:

Binary Focus: The definition strictly adheres to a binary model of sex, which can overlook or marginalize individuals who do not identify with or fit into these binary categories. This can have significant implications for gender identity, legal recognition, and social inclusion.

Legal and Ethical Considerations: In legal contexts, such definitions might be used to determine rights, eligibility for sports, or other gender-specific regulations. However, applying this strictly biological definition could conflict with contemporary understandings of gender identity, potentially leading to issues of discrimination or exclusion.

Medical and Health: From a medical standpoint, this definition can be useful for certain treatments or research focusing on reproductive health. However, it might not provide a complete picture for all health-related issues where sex and gender might intersect differently with health outcomes.

Conclusion: While the rule offers a clear, biologically grounded definition of sex based on gamete production, it has notable limitations, particularly in its application to the spectrum of human biology and identity. It's crucial to complement such biological definitions with an understanding of gender as a social construct and to consider the lived experiences of intersex and transgender individuals when discussing sex and gender in broader societal contexts.

[stingscustom]

🌈 November is a time for reflection and action! 🌈 As we honor **International Transgender Day of Remembrance**, let’s also raise awareness for intersex individuals. Here’s how you can get involved: - **Share your thoughts**: What does equality mean to you? - **Tag a friend**: Encourage them to join the conversation! - **Use the hashtags**: #TransRemembrance #LGBTQAwareness #Equality #MentalHealth **Your voice matters!** As we come together to support each other, remember that every story shared helps someone feel seen and valued. **Question for you:** What steps can we take, as a community, to uplift and advocate for all marginalized voices? Let’s inspire each other through our experiences and ideas. Drop your thoughts below and let’s make a difference together!

[13thgenfilm]

Marc Smolowitz and 13th Gen are excited to announce that two of our documentary films have been selected to screen as part of this year’s Frameline 47 - WHO I AM NOT (Centerpiece Documentary) and COMING AROUND (U.S. Premiere). ❤️🏳️‍🌈🎬 

🎥 Directed by Tünde Skovrán, WHO I AM NOT screens June 21st at 3pm. Details: 👉 https://bit.ly/3pTwstC

🎥 Directed by Sandra Itäinen, COMING AROUND will have its US Premiere on June 22nd at 1pm. Details: 👉 https://bit.ly/41P8jld

Filmmakers will be in attendance at both screenings at the Castro Theatre! Following the in-person festival, both films will be available virtually June 24th - July 2nd.

[intersex-support]

Image description: [ First slide is a logo that combines trans and intersex flags by putting trans colors inside the purple circle. Text says #Trans intersex solidarity. The rest of the slides have text that reads: Gender affirming care for trans teens is under threat - and the same bills force surgeries on intersex babies. 90 of the 120 gender affirming healthcare ban bills in states across the USA have carve outs to permit nonconsensual surgeries on intersex infants. That's 75%! This is why we need #TransIntersexSolidarity!

Eradicating our sex traits, our genders, our bodies, is eradicating us.States are segregating trans, nonbinary, and intersex people into false sex and gender binaries by simultaneously forcing trans+ youth to detransition AND authorizing non-consensual interventions on intersex infants and children. We can’t let them. The accelerating gender and sex apartheid must be stopped. #TransIntersexSolidarity

Legislators: So you want to save the children? Here's how. Protect youth by preserving their rights to bodily autonomy and self-determination. Protect youth by letting them be their authentic selves. Let trans, nonbinary & intersex youth make their own choices about their own bodies, when they are informed and ready. #TransIntersexSolidarity

Solidarity from intersex communities with trans+ youth in the United States and across the globe! [body] Some people are trans and/or nonbinary. Some people are intersex. Some people are both trans+ and intersex. We are all united in our shared birthrights to be both free from interventions we do not want and to have access to the gender affirming care we do want. #TransIntersexSolidarity]

Sharing these graphics from @intersexawareness on Instagram. Trans and intersex communities have always been tied together, and right now both of us are under attack. Solidarity is more important than ever!

[interactyouth]

Intersex Awareness Day Posters

Today is the last day to order posters from Intersex Awareness, a grassroots activism organization, for United States domestic Local Organizers! Sign up to receive posters and zines in the mail (domestically), for free, by end of day Wednesday, October 16th. For International Organizers: Fill out the sign-up form, including translation needs if necessary. Print in your community at a local printing shop and keep your receipts for reimbursement.

Reimbursement for posting materials (tape, staples, wheatpaste, brushes) and travel will be available for domestic and international organizers. Keep your receipts and submit for reimbursement here.

Intersex Awareness encourages domestic Local Organizers, allies, and accomplices to donate to the campaign if they are able. Two suggested donations include $10 flat or $0.50 per poster/zine. Donations are not required to participate.

Intersex Awareness aims to distribute mutual aid to international intersex-led organizations and build its financial stability to sustainability support Local Organizers in direct action. Intersex Awareness is fiscally sponsored by interACT and has received a grant for the printing and reimbursement costs of the 2024 campaign.

[adiharper]

Just random photos. Not the best really. I love that last shot though.

#trans #transgender #transisbeautiful #transwoman #transmodel #transwomanandproud #transvisibility #transqueen #intersex #intersexpride #intersexisbeautiful #intersexawareness #love #loveistheway #loveistheanswer #lgbt #lgbtq #lgbtqia #model #fy #fyp #fypシ #fypシ゚viral #fypシ゚ #fypppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp #fypp #fypppppppppppppppppp #fypp #fyppp

[semtituloh]

Vía Rainbow Human Rights Community

Same Struggle

Different Difference

We are stronger together.

#wearestrongertogether

#blacklivesmatter #feminist #LGBT #LGBTQ #LGBTQIA #LGBTQRightsAreHumanRights #PRIDE #HumanRights #disability #DisabilityRightsAreHumanRights #WomensHealth #WomensHealth #intersexawareness #Intersex #Transgender #translivesmatters #ihaveadream #medical #prochoice #government #civilrights

[mirandamckenni1]

I’m a biological male… born looking female? #intersexawareness #intersex #intersexawarenessday To support my work, you can check out my (and my band - Mystic Tea Party's) merch! https://ift.tt/LZSFXqO --------- You can show support of me and my work by donating here: https://ift.tt/wWkZEi4 Follow me on Instagram: https://ift.tt/Y5gVCKf Stream my band Mystic Tea Party on Spotify: https://ift.tt/Zf2hWJ3 Mystic Tea Party on Instagram: https://ift.tt/DJrOGbo Mystic Tea Party on YouTube: https://www.youtube.com/@mysticteaparty Mystic Tea Party on Apple Music: https://ift.tt/vjswarZ Blumekind Website: https://ift.tt/zrc26X7 Follow me on Twitch: https://ift.tt/E0hzfDl Follow me on Tiktok: https://ift.tt/jrtaHpi Follow me on X: https://ift.tt/s7YfJ3I Mystic Tea Party on X: https://ift.tt/4OrIpls via YouTube https://www.youtube.com/watch?v=A68-MCGq0EU

[ianmelchizadek]

I’m a biological male… born looking female? #intersexawareness #intersex...

Intersex awareness is so important - especially with all the misinformation being spouted by conservatives lately - the biology of sex is very much *not* a simple neatly divided dichotomy.

[rebeleden]

Watch "Born with Test1cl3s in my stomach 🍒 #intersexawareness #intersexawarenessday #intersex" on YouTube

CC GENDER MORONS

CC INTERSEXED HUMANS

HOMOHATRED KILLS BRAIN CELLS

STOP VANILLA ISIS

[13thgenfilm]

* Next stop, New Zealand! * We're proud to announce that WHO I AM NOT, directed by Tünde Skovrán and produced by Andrei Zinca, will have its New Zealand Premiere at Doc Edge Film Festival, screening in Auckland on May 25th and Wellington on June 12th! Details: 👉 https://docedge.nz/films/who-i-am-not 13th Gen's Marc Smolowitz is proud to be an Executive Producer of this award-winning documentary.

[zeichannnnn]

Saving this up to go against the homophobes in the future

[ohchr-news]

While there’s no evidence of regional doctors providing gender affirmation surgery to patients under 18 years old, there is also no exclusionary provision for the Intersex population who are most likely affected by genetic genital variations. By a wide margin, under Idaho HB 71 to go in effect on January 2024, the most likely Intersex population to be affected by lack of health care surgeries would be female Intersex.

The GOP led super-majority opinion legislation is quite clear:

1. Hope you or your child isn’t affected by a genetic predisposition for Intersex genital variations.

2. If the condition is present hope it isn’t serious.

3. If it is serious, there is no recourse in the state of Idaho, USA.

The measure also prohibits transgender people under 18 from accessing puberty blockers and hormones from within the state. It also prevents this group from undergoing transition-related surgery. The terms and conditions of “Transgender” snd “Intersex” are *not interchangeable nor are the medical needs of these groups.

I’m going to encourage my colleagues at #OHCHR to open a dialog about a future a diplomatic solution ahead of January 2024 in amendments. Currently the ID Legislature is out of session. If needed I’ll place myself and that of other colleagues at the service of OHCHR U.N. to provide research testimony or evidence of known Intersex variations. Idaho seems to have created boutique legislation fashioned in the absence of appropriate medical dialog or facts.

While I support the spectrum of LGBT, the health conditions and concerns of the Intersex populations are more physical with distinct medical pathologies than as presumed psycho-sexual admonitions placed on the Transgender population while causing distinct disadvantages for both.

HB71 from Idaho

#intersex #UnitedNationsHumanRightsCouncil #intersexawareness

[itgetsbetter]

Meet David Strachan: born intersex, David was put on hormone replacement therapy to make him appear more "male" - but like many intersex babies and children, he didn't have a say in the matter. Now, he's proud of all the youth activists out there fighting for intersex people's right to love their bodies just the way they are and make their own decisions. 💛💜

For LGBTQ+ History Month, we asked some elders from our community what inspires them about today's queer youth, and what advice they would give. Thanks to the Outwords Archive for partnering with us on this series and connecting us with these amazing voices! Stay tuned for the next 👀

[stephiewoodcock]

In some people with intersex variations, the name of this SAME structure, the Genital Tubercle, in their developing foetus, at birth can later be named a:- Penis Phallus Clitoris Phaloclitoris Micropenis Microphallus Clitoromegaly   These differences in humans are naturally occurring and are NOT a defect.  Intersex variations are as common as redheads.  That is as common as 1 in 1500 births (if not possibly more). The United Nations statistics indicate that Intersex affects 1.7% of the world’s population.  If the world’s population is 7.6 Billion, this would mean 129 million people are born intersex. This is not “rare”.... . #IntersexAwareness #IntersexEducation . https://anunnakiray.com/2016/03/18/seven-names-for-the-same-thing-penis-phallus-clitoris-phaloclitoris-micropenis-microphalus-and-clitoramegaly/ https://www.instagram.com/p/B5x6tzCp7CP/?igshid=g22zg6x8l0ka