U.S. President Donald Trump has signed an executive order affirming the immutability of biological sex. The document defines a woman as “a person belonging to the sex that produces large reproductive cells (ova) from conception.” According to the Ordo Iuris Institute, this decree indirectly suggests that human life begins at conception. Legal experts note that such recognition could have significant implications for legal protections of life in the United States.
Executive Order on Gender and Biological Truth
The executive order, titled “Protecting Women from Gender Ideology Extremism and Restoring Biological Truth in Federal Administration,” has sparked widespread discussion among legal and political circles. Experts highlight that this is one of the first federal-level documents to explicitly state that a person’s gender, as assigned at conception, remains their biological sex throughout life. While it does not hold the weight of legislation, this executive order could influence future legal interpretations.
Ordo Iuris cited Professor of Ethics Andrew T. Walker, who described the move as “brilliant and strategic” in the defense of human life. Meanwhile, Mary Ziegler, a law professor at the University of California, Davis, remarked, “It is always a significant event when such language enters federal law.” Dutch sociologist Elise van Hoek, who has extensively studied gender-related legislation, stated, “It is high time for the public to recognize how harmful the actions of gender ideology activists are, as they falsely present themselves as advocates for transgender rights.”
Implications for Pro-Life Advocacy
The Ordo Iuris Institute emphasizes that the recognition of gender as immutable from conception could impact legislation concerning the protection of life in the U.S. “Currently, abortion is legal in many states, and the 2022 Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization granted states the authority to regulate the issue. While Trump’s executive order does not change this, it could provide a legal argument for pro-life advocates seeking stronger protections for human life at the state or federal level,” the institute explains.
Professor Mary Ziegler acknowledges that the order does not establish new legal protections for embryos. However, she questions whether it signals the beginning of a broader effort to implement stricter regulations on abortion and in vitro fertilization or if it is simply a symbolic gesture toward the pro-life movement. “Incorporating this language into federal policy could have far-reaching consequences for future legislative actions at the national level,” she noted in an Ordo Iuris analysis.
Trump’s Pro-Life Policy Direction
Ordo Iuris highlights that recent years have seen significant shifts in U.S. abortion laws, particularly under Trump’s administration. “Upon reassuming office, Trump signed an executive order banning federal funding for international organizations that promote abortion,” the institute reported.
The latest executive order allows federal funding for abortion only in cases of rape, incest, or when the mother’s life is at risk. Trump has criticized the previous administration for “forcing taxpayer-funded abortions on demand” through various federal programs. Additionally, he revoked two of President Joe Biden’s 2022 executive orders aimed at expanding abortion access, including provisions that allowed the Secretary of Health and Human Services to assist women traveling between states for abortion services.
Project 2025: A Republican Platform for Pro-Life Policies
Ordo Iuris also references Project 2025, a Republican policy platform, which makes multiple references to the Hyde Amendment—a longstanding provision prohibiting the use of federal funds for abortion. Despite this clear stance, the Biden administration sought to limit its application.
According to Ordo Iuris, Project 2025 proposes:
- Revoking the Biden administration’s 2022 interpretation of the Hyde Amendment,
- Conducting a full audit of the Department of Health and Human Services to ensure compliance with the amendment,
- Permanently codifying the Hyde Amendment into federal law so that it does not require annual congressional approval as part of the budget process.
In January, Republican Senators John Kennedy (Louisiana) and Roger Wicker (Mississippi) introduced a bill to permanently prohibit the use of federal funds for abortion. The proposed legislation aims to establish a uniform standard across all government programs.
“One of the primary goals of Project 2025 is to reduce federal funding for pro-abortion organizations like Planned Parenthood, which utilize public funds to promote abortion, contraception, and other reproductive rights initiatives. If these proposed changes are implemented, they could significantly limit the availability of publicly funded abortions,” Ordo Iuris reports.
A Step Toward Stronger Life Protections
The Ordo Iuris Institute asserts that President Trump’s executive action, backed by Republican support, presents an opportunity to enhance legal protections for human life.
“President Donald Trump’s executive order is a crucial step in the ongoing debate over life protections in U.S. law. While it does not carry the weight of legislation, it signals a clear policy direction that could shape future actions by the administration. Amid increasing political polarization in the U.S., the recognition of human life from conception is set to remain one of the most contentious issues in public discourse. From an international law perspective, acknowledging the immutability of gender from conception indirectly affirms the dignity of human life, aligning with Article 6 of the International Covenant on Civil and Political Rights, which guarantees the right to life for every person,” stated Julia Książek from the Ordo Iuris Center for International Law.