Executive Order
#14168 -- Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government (of January 20, 2025)
Highlights
Mandates that federal agencies recognize only two sexes—male and female—defined strictly by biological sex assigned at conception. The order directs agencies to replace references to "gender" with "sex" in all official documents and communications, cease funding for gender-affirming care, and prohibit individuals from using single-sex, federally funded facilities that align with their gender identity rather than their biological sex. Additionally, it instructs the Attorney General to issue guidance correcting what it describes as a misapplication of the Supreme Court's decision in Bostock v. Clayton County (2020) concerning sex-based distinctions in federal activities.
Key Compliance/Risk Cue
Federal contractors do not enjoy the same immunity from suits as the federal government. Discontinuing benefits, including gender-affirming care, for employees, could raise litigation risks.
Litigation Snapshot
Moe v. Trump (D. Mass.) – TRO (Jan 30 2025) stops transfers and gender-care cuts for trans women in federal prisons. Not nationwide; Kingdom v. Trump (D.D.C.) – Preliminary injunction (Jun 3 2025) bars EO 14168’s care restrictions nationwide for all incarcerated people with gender dysphoria. THIS NATIONWIDE PI COULD BE AT RISK DUE TO TRUMP v. CASA; Orr v. Trump (D. Mass.) – Nationwide injunction (Apr 18 2025) blocks the State Department from dropping gender-marker options on passports. Now a certified class. THIS NATIONWIDE PI COULD BE AT RISK DUE TO TRUMP v. CASA; San Francisco AIDS Foundation v. Trump (N.D. Cal.) – LGBTQ advocates challenge EOs 14168/14151/14173 on First- and Fifth-Amendment grounds. Ongoing, no injunction yet; National Urban League v. Trump (D.D.C.) – Civil-rights coalition brings similar constitutional/APA claims against the same EOs. Ongoing, no injunctive relief yet; Doctors for America v. OPM & Schiff v. OPM (D.D.C.) – Courts ordered HHS, CDC, and FDA to restore scrubbed gender-health webpages while APA/free-speech suits proceed. Interim restoration order only with merits determination still pending; Rhode Island Latino Arts v. NEA (D.R.I.) – Arts groups fight NEA’s “no gender ideology” funding ban. Judge denied preliminary relief after NEA paused enforcement. Case continues, no injunction.