So how would anyone know whether an embryo belongs to a sex that produces eggs or sperm at conception?
Anti-abortion rhetoric defines conception as happening at fertilization. [The American College of Obstetricians and Gynecologists, the leading US authority on reproductive health, defines “conception” as happening when a fertilized egg implants in the uterus.] We’re not even a multicelled embryo yet at fertilization. At that moment, does an embryo have sexed chromosomes? Yes. Are they knowable with our current technology? No. In IVF, for people who do pre-implantation genetic testing, we typically wait until at least day three, if not day five, until the sex chromosomes are even measurable. And is it a point at which the embryo is even producing gametes? No. That’s still months away.
But the executive order says these definitions should be used to determine which sex marker should go on a passport or whether a prisoner should be incarcerated in a men’s or a women’s prison.
This is what’s so stupid about it, but also what’s so dangerous. What is the enforcement plan? Are we going to test people’s gonads to see what type of gametes they produce? Because if the obsession is at the level of gametes, the tests are much more invasive than a sex chromosome test.
Nor will there be an actual way to logically enforce it, because it’s an illogical order. I think what will happen is it will be basically about punishing people in the worst way possible, treating people as poorly as possible, and creating as much discord and mayhem as possible.
This is mostly going to be around one sex category: the female sex category. They will only be doing this toward anybody who might fall into the woman category or might self-report as being in the woman category. I think Trump, in whatever terrible language is available to him, is trying to control women and control people he perceives to be in the woman category. A lot of this is keeping the category of women “pure”—and also, obviously, about doing immense harm to trans people.
There’s also a very racial, white supremacist thing going on here with this “defending women.” It’s a very old idea—it appears in travelogues, early writings of Europeans, as well as in the United States when they started encountering North American Indigenous folks, and the way that they thought about enslaved peoples. There was this belief that in the “lower races,” men and women were less different, and that in the “higher races,” there were more differences between women and men. This was about saying men and women are differentiated, clear, nonoverlapping categories because that makes us a more evolved people.