Executive Order 14168

Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government

Signed 2025-01-20 blocked
Transgender RightsGenderCivil RightsTitle IX
Transgender IssuesDEI Litigation

Directs all federal agencies to recognize only biological sex (defined as male or female based on reproductive biology) in official documents, records, and policies. Rolls back federal recognition of gender identity. Serves as the definitional foundation for EO 14183 (transgender military ban), EO 14187 (protecting children from "mutilation"), and EO 14201 (women's sports).

Section by Section

What each section does, and how they differ.

Sec. 1 Purpose

Directs federal government to recognize two sexes grounded in biological reality and enforce sex-protective laws.

Sec. 2 Definitions and Policy

Defines sex as immutable biological classification; establishes that gender identity does not replace sex and gender ideology is internally inconsistent.

Sec. 3 Sex-Based Distinctions

Agencies shall enforce sex-based rights and use term sex not gender in policies; update identification documents to reflect sex; and remove gender ideology from statements and forms.

Sec. 4 Privacy in Intimate Spaces

Attorney General must ensure males not detained in women's prisons; HUD must rescind equal-access gender-identity rule and protect single-sex shelters.

Sec. 5 Protecting Rights

Attorney General shall issue guidance protecting freedom to express binary sex and single-sex workspace rights under civil rights laws.

Sec. 6 Legislative Proposal

Assistant to the President for Legislative Affairs shall propose bill text to codify sex definitions within 30 days.

Sec. 7 Agency Implementation and Reporting

Agencies shall within 120 days report changes to documents, forms, and requirements; rescind conflicting guidance documents from prior administrations.

Sec. 8 General Provisions

Standard boilerplate: preserves existing agency authority, conditions the order on appropriations, and creates no enforceable private rights.

Linked Court Cases (10)

Nicolas Talbott v. President Trump 1:25-cv-00240

Talbott v. United States

Shilling v. President Trump 2:25-cv-00241

Shilling v. United States

Trump v. Orr 25-1579

Orr v. Trump

Trump v. Orr 25-1579

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Kingdom v. Trump 1:25-cv-00691

BOP Program Statement 5260.01 (Feb 2026) implements EO 14168 Sec. 4 (inmate gender-affirming care); classwide PI blocks the policy; SCOTUS denied stay 26A416 on 2026-10-21.

Doe v. Bondi 1:25-cv-00286

EO 14168 Sec. 4(a),(4(c) challenge; Lamberth TRO/PI blocks transfer + care cutoff.

Jones v. Bondi 1:25-cv-00401

EO 14168 Sec. 4 challenge; Lamberth PI blocks transfer + hormone cutoff.

EO 14168 Sec. 4 / BOP PS 5260.01; D.C. Cir. denied stay 2026-09-18 (consolidated 26-5236/26-5310).

Litigation Summary

In effect; not revoked. Section 2 (passport sex markers) enforcement is allowed after the Supreme Court stayed the Orr v. Trump injunction on November 6, 2025. Section 4 (housing transgender inmates by birth sex and barring federal funds for their gender-affirming care), implemented by BOP Program Statement 5260.01 (February 2026), is blocked as applied by classwide and individual preliminary injunctions from Judge Royce C. Lamberth (D.D.C.) in Kingdom v. Trump, Doe v. Bondi, and Jones v. Bondi. On October 21, 2026 the Supreme Court denied the government's emergency stay in Trump v. Kingdom (No. 26A416), leaving the injunction in force; Justices Thomas and Alito would have granted the stay.