HHS issues new guidance recognizing only two sexes

The guidance defines female as a "person of the sex characterized by a reproductive system with the biological function of producing eggs (ova)," and male as a "person of the sex characterized by a reproductive system with the biological function of producing sperm."

Published: February 19, 2025 5:17pm

The Department of Health and Human Services (HHS) on Wednesday released an updated guidance that only recognizes two sexes, male and female, and defines sex as a person's "immutable biological classification."

The guidance comes after President Donald Trump signed an executive order that bans biologically male transgender women from competing against biological women, and after he promised the federal government would only recognize two sexes.

The guidance defines female as a "person of the sex characterized by a reproductive system with the biological function of producing eggs (ova)," and male as a "person of the sex characterized by a reproductive system with the biological function of producing sperm."

The guidance also clarified that sex is determined "genetically" at conception, and it is defined as people with the biological function of either male or female, even if they can never actually have children due to other factors. 

“This administration is bringing back common sense and restoring biological truth to the federal government,” HHS Secretary Robert F. Kennedy Jr. said in a statement. “The prior administration’s policy of trying to engineer gender ideology into every aspect of public life is over.”

The guidance additionally notes that transgender surgeries or the use of hormones does not change a person's sex.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.

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