This order declares that it is the policy of the United States to recognize two sexes – male and female. It establishes definitions of male and female, which state that there are only two sexes based upon biological reality.
It mandates that all government identification cards, including passports, visas and global entry cards shall accurately reflect the holder’s sex as defined in the executive order and requires removal of references to gender identity from federal forms. It directs: (1) federal agencies to take appropriate action to ensure that intimate spaces designated for women, girls or females (or men, boys or males) are designated by sex and not by identity; and (2) the attorney general to issue guidance to ensure the freedom to express the binary nature of sex and the right to single sex spaces in the workplace and federally funded entities covered by the Civil Rights Act of 1964.
This executive order also directs agencies to rescind all guidance documents inconsistent with the requirements of the order including, but not limited to, the Equal Employment Opportunity Commission’s Enforcement Guidance on Harassment in the Workplace which included language with respect to harassment and discrimination based on sexual orientation or gender identity. Both sexual orientation and gender identity were found to be protected by the US Supreme Court in Bostock v. Clayton.
Finally, the order directs federal agencies to end funding of gender ideology and to ensure grant funds do not promote gender ideology.
This executive order has been challenged in federal courts, especially as to ending funding.