““Sex” shall refer to an individual’s immutable biological classification as either male or female. “Sex” is not a synonym for and does not include the concept of “gender identity.””

– Executive Order 14168 “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to Federal Government.”

 

On the inaugural day of Donald Trump’s presidency, he signed into effect the executive order quoted above, Executive Order 14168. This order is presented as an effort to protect women from “men who self-identify as a woman,” by removing the “possibility” of transgender, non-binary, gender-nonconforming, and intersex individuals, thus creating single-sex spaces. The order suggests that instances of rape in prisons, public restrooms, and other sensitive spaces will be prevented following its implementation. In addition to villainizing the queer community, Executive Order 14168 contains exclusionary language, aims for the erasure of gender identities beyond woman and man, and makes inaccurate statements regarding reproductive processes. In the face of political extremism, misinterpretation and misinformation will falsely sway the balance of democracy. Many of us have the privilege of reaching for a personal device to access the vast knowledge of the internet. But while convenient, the internet harbors fake news and unreliable sources, making it difficult to formulate a well-supported opinion. The language excluded in Executive Order 14168 only recently gained public awareness and usage, so what does it mean to remove it? Similarly, the oversimplification of biological information may not be a red-flag for those who haven’t taken college-level biology courses, raising the question “How do you understand the error without understanding the science?” Specifically, why is it inaccurate to use the terminology “small” and “large” reproductive cells to describe the product made in gametogenesis (the process of creating the reproductive cells/gametes)? Undoubtedly, the differentiation of biological fact and fiction is crucial to establish an entirely accurate opinion, but so is an understanding of gender-expansive terminology, both new and old definitions.  

Under Section 2 of Executive Order 14168, the first re-interpretation listed is the quote introducing this article above. The quote describes sex as “immutable,” or unable to be changed. In doing so, the newly defined word “sex” removes the consideration of transgender individuals from federal policies and areas where this executive order will be applied. The order also excludes sex from being associated with “gender identity.” Gender identity refers to a person’s own sense of their gender and is a spectrum. The marrying of gender identity and sexual characteristics can be termed gender ideology. An ideology has to do with the set of ideas, perceptions, and beliefs an individual or culture has. Gender ideologies are norms and stereotypes implicated by society that relate to whether a person is female- or male-presenting. It is a socially constructed idea that is maintained to promote inclusivity. The new definitions associated with gender identity and ideology accurately describe the self-assigning and subjectiveness associated with both terms, but give the notion that a person’s chosen identification is “meaningless” and constitutes a “false claim.” In section 3, the following  terms:  “sex”, “male”, “female”, “men”, “women”, “boys”, and “girls”, are enforced as the required language for statues, regulations, and all other official documents. The strict censorship of inclusive terms aims to erase transgender, intersex, non-binary, and gender-nonconforming people from daily life. 

The humanitarian issues arising from the executive order are inexcusable and cannot be ignored when discussing its impacts. Of equal importance, biological processes and definitions provide the scientific basis that Executive Order 14168 stems from. The biological determination of primary sex occurs based on the inherited chromosomes (genetic material) from the sperm and egg. This executive order refers to sperm as the “small reproductive cell.” While the sperm cell is considerably smaller than the egg cell, the simplification of sex gametes (egg and sperm) into one contributing cell each does not accurately represent the processes taking place to support the gametes. Egg cells, which are the reproductive product of biologically-female individuals, are supported by a fused complex of 3 additional cells- presumably attributing to the “large” reproductive cell nomenclature. These cells combine and signal to the egg cell to allow it to grow to a size capable of the cellular growth necessary to form a zygote. 

Zygote formation begins at a fertilization event when a sperm cell fertilizes the egg cell. Although models of gametogenesis and fertilization paint the egg cell as a passive recipient of the sperm cell, the egg cell actually plays an integral role in facilitating the reactions that initiate fertilization. Sperm have been tagged the “warriors”, “princes”, and “heroes” of fertilization, approaching a “princess” egg in need of conquering. In a 1990 edition of Discover magazine, writer Meredith Small says, “The problem of sperm, and thus of males, are of course the fault of females. Female fickleness sets up a quandary for males.” Small is referring to the process of which a sperm-producing individual generates thousands of sperm cells, many of which are discarded and die off when the selected-sperm fertilizes the egg. Despite the process of spermatogenesis being wasteful (or as Small states, describing it as a quandary or difficult situation for males) it increases the probability of a fertilization event. The fickleness of females that Small blames for this situation is actually a process of species-specific signaling that attracts the sperm to the egg. Specialized peptides (proteins) are released around the egg that contain chemicals specific to the chosen sperm. The chemical factors are released around the egg, so that when sperm nears the proteins, the sperm can breakdown and bind to the egg cell. Once sperm has adhered to the egg cell membrane, it can enter the cell. As soon as one sperm has bound and entered the egg, the egg chemistry changes, preventing more sperm from contributing their genetic material to the fertilization event. At this step, chromosomal variation can occur. After fertilization has taken place, the resulting cell formed is called the zygote (fertilized egg cell). 

Primary sex of the zygote is determined by the chromosomes that are inherited from the reproductive cells. A biological female will inherit an X chromosome from each reproductive cell (XX), while a biological male will receive an X chromosome from the egg cell and a Y chromosome from the sperm cell (XY). Variations in chromosomal inheritance can lead to abnormalities in the number of chromosomes inherited, leading to syndromes like Klinefelter’s (XXY), Turner’s (XO), and Triple X (XXX). Variation in sex determination can also arise from abnormal hormone release or abnormalities in the physical anatomy of gonads (testes & ovaries) during secondary sex determination.

Sex determination at the cellular level gives raise to a range of sexes that extend beyond the male and female binary outlined in Executive Order 14168. The notion that individuals are destined to produce one cell type or another at conception does not take into account the biological anomalies that can occur. In doing so, this executive order removes the use of accurate scientific evidence in enforcing federal policies. It also employs language that will further strengthen prejudices, increasing discrimination and violence towards transgender, intersex, nonbinary, and gender-nonconforming individuals. It is imperative that in an era of radicalized action, we take initiative to educate ourselves on the diversity of both nature and society. Encourage others to seek truth, support your opinions with evidence, and approach opposition with an open-mind and open-heart. One small ripple can create a wave of change!