Executive Order 14168: Defending Women From Gender Ideology Extremism and Restoring Biological Truth
President: Donald J. Trump
Directed federal agencies to recognize two sexes for federal policy and changed rules for documents, facilities, programs and official terminology.
Status: In effect.
Is Executive Order 14168 still in effect? Yes. Active; some applications litigated.
What does Executive Order 14168 do?
The order defines sex for executive-branch purposes as an immutable biological classification of male or female and states that gender identity is not a substitute for sex. It directed agencies to change forms, records and guidance; required new passports and other documents to reflect sex at birth; rescinded several earlier orders; and instructed agencies to review grants and programs for consistency.
Reading the operative provisions of Executive Order 14168
The order directs the executive branch to use its definition of sex across federal programs and records, and to replace guidance that treats gender identity as a substitute for sex. It also assigns work to named departments: HHS must issue guidance, State and DHS must review identity-document practices, and federal agencies must update forms, records, facilities, and related policies. Those instructions do not themselves change every state law, private employer policy, or medical standard. The text is addressed to federal officials and must be read alongside statutes and court orders that govern a specific program.
Passport questions illustrate the difference between an order and implementation. The President directed a federal policy change, but an applicant receives a passport through State Department rules and forms. A court can review whether a particular policy complies with the governing statute or Constitution, and relief may cover only certain plaintiffs or classes. The Supreme Court stay described in the sources changed which injunction applied while litigation continued; it was not a final merits ruling on every provision of EO 14168.
The order’s policy findings are attributed to the administration. They should not be confused with the separate legal analysis in the cited court opinions, or with the procedures that agencies must follow when changing records. Read the current State Department guidance and the docket for Orr v. Trump to identify the rule and relief now in effect. Read Executive Order 14168 in the Federal Register.
Before and after
Before the order
Federal passport policy allowed applicants to select M, F or X and, from 2021, did not require medical documentation to select a marker.
Federal agencies used varying definitions of sex and gender identity under Biden-era executive orders and guidance.
After the order
Agencies were directed to use the order’s definitions and remove inconsistent guidance. The State Department stopped issuing X-marker passports and generally requires new passports to reflect sex at birth.
A district court blocked the passport policy for a class in 2025, but the Supreme Court stayed that injunction on November 6, 2025 while the appeal proceeds. The policy is currently being applied.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| HHS | Issue government-wide guidance expanding on the order’s definitions | Within 30 days |
| State / DHS | Change identity-document policies, including passports and Global Entry | Immediate / ongoing |
| OPM | Update federal personnel records, facilities and workplace guidance | Guidance issued in 2025 |
| Attorney General | Issue guidance on expression and single-sex spaces | Directed |
| All agencies | Rescind inconsistent guidance and report implementation | Within 120 days |
What happened next
EO 14168 signed.
State Department changed passport sex-marker policy.
District court expanded preliminary relief in Orr v. Trump to certified classes.
Supreme Court stayed the class-wide passport injunction pending appeal.
State Department’s public passport guidance confirmed the policy remains in operation.
Court status
See the court documents in Sources by type.
Legal and source detail
How it works legally
Trump v. Orr at the Supreme Court concerned interim relief, not a final merits judgment. The Court allowed the passport policy to operate while appellate litigation continues. Other applications of EO 14168—such as workplace, healthcare, detention or grant policies—may involve separate lawsuits and legal standards.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
- White House — EO 14168 (opens in a new tab) Order text
- State Department — Sex Markers in Passports (opens in a new tab) Official record
How we checked this
Last checked against the sources above on September 15, 2026. How we research →