A Definition Sparks Widespread Confusion
On January 20, 2025, President Donald Trump signed Executive Order 14168, requiring all federal agencies to adopt a definition of sex based on reproductive roles “at conception.” The order defined a female as a person belonging, at conception, to the sex that produces large reproductive cells, and a male as one belonging to the sex producing small reproductive cells. The language led to an unexpected controversy: when exactly is sex determinable under this definition?
Embryology Enters the Debate
Scientists pointed out that sex-specific gene expression doesn’t occur immediately at conception. In early development, all embryos contain precursors to both male and female reproductive systems. Male pathways usually begin forming between six to ten weeks, meaning that, by the executive order’s own terms, sex may not be distinguishable at conception.
Public Reaction and Clarification Attempts
This led to public speculation, online commentary, and media headlines questioning whether the order had, by its own logic, classified everyone as female. Snopes investigated the claim, finding that the language was ambiguous but did not legally declare all individuals as female.
Unresolved Legal and Scientific Questions
As legal challenges to the order proceed, critics argue that the imprecise language around “at conception” introduces uncertainty into federal definitions of sex, with real implications for document classification, incarceration, and healthcare policy.
