Politics: By Executive Order: No one in the USA is male nor female

https://www.whitehouse.gov/presidential-actions/2025/01/defending-women-from-gender-ideology-extremism-and-restoring-biological-truth-to-the-federal-government

The definitions provided for “female” and “male”—

(d) “Female” means a person belonging, at conception, to the sex that produces the large reproductive cell,
(e) “Male” means a person belonging, at conception, to the sex that produces the small reproductive cell

are fundamentally flawed and, when analyzed critically, reveal that no one would qualify as either male or female under these criteria. This is because they rely on inaccurate assumptions about when reproductive cells are produced, how sex is determined, and how these concepts apply to individuals. Below is a detailed critique explaining why these definitions exclude everyone.


1. Gametes Are Not Produced at Conception

Both definitions tie the classification of “female” or “male” to the production of reproductive cells—eggs or sperm—at the moment of conception. However, this is biologically impossible, as gametes are not produced at conception. Here’s why:

a. Gamete Production Occurs Long After Conception

  • In Females: The large reproductive cell (egg, or oocyte) is not produced at conception. In fact:
    • Egg cells begin to form during fetal development, several weeks after a female embryo is conceived. By around the 20th week of fetal development, millions of immature egg cells are present in the ovaries, where they remain dormant until puberty. Conception has no role in the production of these cells.
    • At the time of conception, the egg that is fertilized has already existed in the ovary for years, having been produced during the individual’s fetal stage.
  • In Males: Similarly, sperm (the small reproductive cell) is not produced at conception. Instead:
    • Sperm production begins at puberty when the testes become fully functional due to hormonal signaling. No sperm cells are present in the zygote formed at conception, nor are they produced in any significant form until adolescence.

Because neither egg nor sperm production occurs at conception, these definitions cannot apply to any individual, as no one produces gametes at this stage of development. The process of gametogenesis (the formation of gametes) happens later in life and is unrelated to conception.


2. Sex Is Not Fully Determined at Conception

The definitions presuppose that biological sex is fixed and fully determined “at conception.” However, this ignores the biological reality that sex determination is a multi-step developmental process involving chromosomes, genes, and hormones. Here’s why this aspect of the definitions is flawed:

a. Conception Establishes Chromosomal Patterns, Not Functional Sex

  • At conception, the zygote inherits either an XX (typically associated with females) or an XY (typically associated with males) chromosomal pair. However, chromosomes alone do not determine sex. For example:
    • The presence of a Y chromosome typically triggers the development of testes through the SRY gene, but this gene is not active until weeks after conception.
    • Similarly, XX chromosomes typically result in the development of ovaries, but this too requires specific genetic and hormonal signaling during fetal development.
  • External genitalia, gonads (ovaries or testes), and the capacity to produce gametes all develop weeks to months after conception, meaning sex is not determined or functional at conception.

b. Developmental Variability Challenges Binary Definitions

Even if sex determination were theoretically tied to chromosomal patterns, biological diversity makes these definitions unworkable:

  • Intersex Variations: Some individuals have atypical chromosomal patterns (e.g., XXY, XO, or mosaicism) or develop reproductive anatomy inconsistent with typical male or female categories due to conditions like Androgen Insensitivity Syndrome (AIS) or Congenital Adrenal Hyperplasia (CAH). In such cases, reproductive capacity cannot be determined “at conception.”
  • Disruptions in Development: Hormonal or genetic disruptions during fetal development can result in individuals who do not produce either type of gamete (large or small), further complicating the idea of sex being fixed at conception.

Thus, because sex is not functionally established at conception and may diverge during development, these definitions cannot accurately apply to any individual.


3. Reproductive Capacity Excludes Many Individuals

Another issue with these definitions is their reliance on the ability to produce gametes as the defining feature of male or female. By this logic, any individual incapable of producing reproductive cells would fail to qualify as either male or female. This is both scientifically and socially untenable.

a. Infertility and Non-Functioning Gonads

  • Many individuals who are biologically male or female are unable to produce gametes due to medical conditions, age, or life circumstances. Examples include:
    • Prepubescent Children: Neither eggs nor sperm are produced before puberty. Therefore, children of any chromosomal makeup would not qualify as male or female under these definitions.
    • Postmenopausal Women: Women who have gone through menopause no longer produce eggs. According to this definition, they would cease to qualify as female.
    • Infertile Individuals: Some men do not produce viable sperm, and some women do not produce viable eggs due to genetic, hormonal, or environmental factors. Under these definitions, they would not be classified as male or female.
    • Individuals with Intersex Variations: Some intersex individuals cannot produce either type of gamete and would thus be excluded entirely.

b. Reductionism in Defining Sex

Reducing the concept of male or female to gamete production is reductive and excludes individuals whose reproductive systems do not function “typically.” This ignores the many other biological, social, and cultural dimensions of sex and gender that define human experience. For example:

  • A person may identify as male or female regardless of their ability to produce gametes.
  • Secondary sexual characteristics, hormonal profiles, and cultural identity often play a more significant role in defining someone’s sex or gender than their gametes.

By focusing solely on reproductive capacity, these definitions fail to account for the diversity of human biology and identity.


4. Why No One Qualifies as Male or Female Under These Definitions

Taken together, the flaws in these definitions result in the exclusion of everyone from being classified as male or female:

  • Gametes Are Not Produced at Conception: No one produces eggs or sperm at the moment of conception, as gamete production occurs much later in development (or not at all in some cases).
  • Sex Is Not Fully Determined at Conception: Biological sex is a dynamic and multi-step process that involves chromosomal, genetic, hormonal, and anatomical development over weeks, months, or even years after conception.
  • Reproductive Capacity Excludes Many: By tying maleness and femaleness to the ability to produce gametes, the definitions exclude prepubescent children, postmenopausal women, infertile individuals, and anyone who cannot produce functional gametes, effectively disqualifying large portions of the population.

5. Conclusion

The definitions of “female” and “male” provided here—linking these identities to the production of large or small reproductive cells “at conception”—are fundamentally unworkable and biologically inaccurate. Gametes are not produced at conception, and the processes of sex determination and gamete production occur long after this point, often with significant variability. Additionally, reproductive capacity is an exclusionary and reductive criterion for defining male and female, as it excludes individuals who cannot or do not produce gametes. As a result, under these definitions, no one would qualify as either male or female, rendering them meaningless and scientifically indefensible.


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