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Think. Again.

(20,788 posts)
Sat Jan 25, 2025, 11:37 AM Saturday

Believe it or not, this IS a serious question...

trump has ruled that the determination of a person's sex is decided by the sex of the zygote at conception.

Which, as biological studies have shown us, for every human is "female".

On certain specific documents, it is stated that it is a criminal offense to be untruthful when filling out required information such as a person's age, full name, social security number, sex, etc.

My question...

Must we now all list our sex as female when such a declaration must be made truthfully by law?

Would anyone be committing a criminal offense by listing anything other than female as a response?

(Could this be the basis of a legal argument against trump's new rule?)

58 replies = new reply since forum marked as read
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Believe it or not, this IS a serious question... (Original Post) Think. Again. Saturday OP
My husband and I agree, we are now in a same sex marriage. Raine1967 Saturday #1
Not only definitions but the line between satire and reality, while on shaky ground for some time, has completely Amaryllis Saturday #26
Could this be the reason I turned out Gay? William769 Saturday #2
Well, since we all started out the same Bettie Saturday #23
Yep, I've always thought that pansexual is the pure orientation... Think. Again. Saturday #32
If that is true, why are do so many people have a strong attraction to a particular gender even when it makes life Martin68 Saturday #47
All very good questions... Think. Again. Saturday #51
In truth dweller Saturday #3
I stand corrected! Think. Again. Saturday #4
And what does one do if they have one of the many... 3catwoman3 Saturday #5
Your example was one of the main reasons the "X" designation was added to the passport under the Biden administration BumRushDaShow Saturday #38
Yeah, it's more complicated than that. MineralMan Saturday #6
Yes, I understand trump is wrong (as usual)... Think. Again. Saturday #11
But, it would be incorrect to mark Female, since the genetic genotype is the MineralMan Saturday #17
Does trump's order supercede all other indications... Think. Again. Saturday #19
In my opinion, it does not. Also in many other opinions. MineralMan Saturday #21
Not according to the National Library of Medicine... Think. Again. Saturday #25
I would make a slightly different argument caraher Saturday #33
I'm all for that! Think. Again. Saturday #35
Don't tell Trump the NLM is still online!! TommyT139 Saturday #37
Damn, that's a very good point. Think. Again. Saturday #44
The Executive Order does not mention "genotype", however (or "gene" or "genetic") muriel_volestrangler Saturday #54
The failure to recognize non-binary genotypes RandomNumbers Saturday #40
Yeah, but it's more than that. MineralMan Saturday #42
Thanks for clearing up this misconception Retrograde Saturday #50
The Guardian asked the question as well. Raine1967 Saturday #7
That is not accurate. KentuckyWoman Saturday #8
Fertilized zygotes begin as female ("at conception").. Think. Again. Saturday #9
I guess that's new to me. KentuckyWoman Saturday #10
Here ya go... Think. Again. Saturday #12
So we aren't really talking about the same thing KentuckyWoman Saturday #27
Yes, my concern is that trump's order... Think. Again. Saturday #28
Colbert's take... digsub Saturday #13
That EO is so absurd and non-scientific, it's impossible to enforce. yardwork Saturday #14
Yes, but what legal jeopardy does that put... Think. Again. Saturday #16
Nobody knows, I guess. yardwork Saturday #18
I agree. unfortunately... Think. Again. Saturday #22
And this is known as the "zygomatic process". Right. maggots? GreenWave Saturday #15
Surely you don't expect him to know anything at all about biology MLWR Saturday #20
Nope, I don't .... Think. Again. Saturday #24
Breaking it down to zygotes? czarjak Saturday #29
Yes, trump's order specifies that our sex is determined "at conception", therefore, zygotes. Think. Again. Saturday #30
Just. Wow. czarjak Saturday #31
ive been pondering that for a while now. AllaN01Bear Saturday #34
Maybe he's trying to tell us something? Think. Again. Saturday #36
Yea! rubbersole Saturday #39
When I have to respond to a MAGA moron on this subject... GiqueCee Saturday #41
(Could this be the basis of a legal argument against trump's new rule?) Wiz Imp Saturday #43
There are no laws that state that EOs must be scientifically accurate. LeftInTX Saturday #45
Now we're bordering on actual, certifiable, insanity. Think. Again. Saturday #46
In this case, the science provides a valid legal basis for striking down the executive order. Wiz Imp Saturday #49
I agree with that. They must be constitutional. I don't agree with this EO. Hopefully it will be struck down. LeftInTX Saturday #52
The "poorly educated" win again. nt Jit423 Saturday #48
Yep. Think. Again. Saturday #53
Does that mean every gender specific facility is now mixed? MichMan Saturday #55
I think it means that all American citizens are now classified as female by law. Think. Again. Saturday #56
Until recently, the Texas Democratic Party required a male and female representative for each district in our SDEC LeftInTX Saturday #57
The irony is... Think. Again. Saturday #58

Raine1967

(11,623 posts)
1. My husband and I agree, we are now in a same sex marriage.
Sat Jan 25, 2025, 11:41 AM
Saturday

We don't have a problem with that tongue-in-cheek joke.

He's f*cking things up so bad that definitions will no longer matter.

Amaryllis

(9,890 posts)
26. Not only definitions but the line between satire and reality, while on shaky ground for some time, has completely
Sat Jan 25, 2025, 01:21 PM
Saturday

disappeared.

William769

(56,516 posts)
2. Could this be the reason I turned out Gay?
Sat Jan 25, 2025, 11:44 AM
Saturday

Are all other men Gay but just closeted? Will this mystery ever be unraveled? So many questions!

Bettie

(17,591 posts)
23. Well, since we all started out the same
Sat Jan 25, 2025, 01:16 PM
Saturday

there is no gay or straight or whatever....we are attracted to other humans (I guess, mostly, since there are, um, outliers in that), so it's all just which humans you prefer.

Think. Again.

(20,788 posts)
32. Yep, I've always thought that pansexual is the pure orientation...
Sat Jan 25, 2025, 02:04 PM
Saturday

...with any variation on that occurring as one's preferences are formed from experiences with other people.

Martin68

(24,870 posts)
47. If that is true, why are do so many people have a strong attraction to a particular gender even when it makes life
Sat Jan 25, 2025, 03:05 PM
Saturday

difficult for them? Why do so many report that that their preferences was strongly felt from a very young age? I would suggest our sexual preferences are formed through a complex interplay of genetic and environmental factors. There is no such thing as a "pure orientation," whatever that is supposed to mean.

Think. Again.

(20,788 posts)
51. All very good questions...
Sat Jan 25, 2025, 03:26 PM
Saturday

...and it's such a complex subject.

There are so many variables involved, emotional experiences, procreation drives, even just personal aesthetic preferences, and more, no wonder there's such a wide diversity of individual situations.

But we have to start somewhere and I think we all probably start out open to anything, or everything.

dweller

(25,344 posts)
3. In truth
Sat Jan 25, 2025, 12:10 PM
Saturday

It’s ALL MAMMALS that begin as female
Birds and reptiles on the other hand begin as male


✌🏻

Think. Again.

(20,788 posts)
4. I stand corrected!
Sat Jan 25, 2025, 12:12 PM
Saturday

...(and still confused about how I must answer the question of my sex on this damn juror reporting form).

3catwoman3

(25,986 posts)
5. And what does one do if they have one of the many...
Sat Jan 25, 2025, 12:13 PM
Saturday

...sex chromosome aneuploidies:

X&Y chromosome variations in males include:
47,XXY (Klinefelter syndrome)
47,XYY
48,XXYY
48,XXXY
49,XXXXY

X chromosome variations in females include:
45,X (Turner syndrome)
47,XXX (Trisomy X or Triple X)
48,XXXX (Tetrasomy X)
49,XXXXX (Pentasomy X)

BumRushDaShow

(146,221 posts)
38. Your example was one of the main reasons the "X" designation was added to the passport under the Biden administration
Sat Jan 25, 2025, 02:26 PM
Saturday




MineralMan

(148,306 posts)
6. Yeah, it's more complicated than that.
Sat Jan 25, 2025, 12:20 PM
Saturday

Which means that Trump's male or female dichotomy is wrong from the start.

Really, it's a genetic thing. If you're XX, your genotype is female. If it is XY, it's male. However even then, issues during gestation can cloud the issue.

But, those are only two of the genotypes possible. There are various mixtures of X and Y chromosomes that exist. In those cases, it's not at all clear. But, there are real people with those rare, but not impossible genotypes. Lots of them. I grew up with a friend who was an XXY. Klinefelter's syndrome. It was a problem for him, and confused his identity from birth. Anyhow there are several mixed genotypes. Someone upthread has listed them. There are real people with all of them out there.

'Taint that simple, Trump. Not at all.

Think. Again.

(20,788 posts)
11. Yes, I understand trump is wrong (as usual)...
Sat Jan 25, 2025, 12:53 PM
Saturday

...but that doesn't relieve people who are filling out legally binding documents from having to answer truthfully, and since the president of the U.S. has declared that sex is determined "at conception", a moment when all fertilized zygotes are understood as being female, does that mean everyone has to identify themselves as female when attesting legally to their sex?

MineralMan

(148,306 posts)
17. But, it would be incorrect to mark Female, since the genetic genotype is the
Sat Jan 25, 2025, 01:08 PM
Saturday

real indicator. The dilemma persists, because the sex shown on the birth certificate is not determined after a genetic test, but after a visual examination.

And that's where all the confusion comes from. And never mind the issues that arise when the individual believes that what was on the birth certificate is incorrect. Which is why the binary choice is wrong. It will always be wrong in some cases.

That's the direction things need to go, in court. And the only way to settle this will be in federal courtrooms, frankly.

Think. Again.

(20,788 posts)
19. Does trump's order supercede all other indications...
Sat Jan 25, 2025, 01:11 PM
Saturday

...as the wording of the order implies?

MineralMan

(148,306 posts)
21. In my opinion, it does not. Also in many other opinions.
Sat Jan 25, 2025, 01:14 PM
Saturday

So, it's yet another thing that is going to end up in court. Your "everyone begins as female," is also incorrect. As soon as fertilization takes place, genetic analysis can determine the sex of the embryo. But, as is clear, that does not completely tell the story.

Think. Again.

(20,788 posts)
25. Not according to the National Library of Medicine...
Sat Jan 25, 2025, 01:20 PM
Saturday
All human individuals—whether they have an XX, an XY, or an atypical sex chromosome combination—begin development from the same starting point. During early development the gonads of the fetus remain undifferentiated; that is, all fetal genitalia are the same and are phenotypically female. After approximately 6 to 7 weeks of gestation, however, the expression of a gene on the Y chromosome induces changes that result in the development of the testes.

Source: https://www.ncbi.nlm.nih.gov/books/NBK222286/

caraher

(6,319 posts)
33. I would make a slightly different argument
Sat Jan 25, 2025, 02:09 PM
Saturday

I understand that, "left alone," the default would be female genitalia. But that same link also notes

Until about the 12-millimeter stage (approximately 42 days of gestation), the embryonic gonads of males and females are indistinguishable.


Under the executive order's definition, which places the determination at the time of "conception" and explicitly avoids appeal to genetics, I think should all be considered nonbinary. So everyone would be wrong!

TommyT139

(902 posts)
37. Don't tell Trump the NLM is still online!!
Sat Jan 25, 2025, 02:24 PM
Saturday

Some groups are scurrying to replicate the sites, but I suspect not the NLM's resources.

muriel_volestrangler

(102,870 posts)
54. The Executive Order does not mention "genotype", however (or "gene" or "genetic")
Sat Jan 25, 2025, 03:33 PM
Saturday

It says

"“Sex” shall refer to an individual’s immutable biological classification as either male or female."

But it doesn't specify whether this "immutable biological classification" is the genotype or phenotype.

So, LOL, "After his executive order on sex, is Trump legally the first female president?"

RandomNumbers

(18,338 posts)
40. The failure to recognize non-binary genotypes
Sat Jan 25, 2025, 02:31 PM
Saturday

(by people who otherwise meet a basic standard of intelligence and ability to find factual sources for questions)

is one of the first clues that they do not care about other people as people. They only care about the people that fit into their world and their own desires.

MineralMan

(148,306 posts)
42. Yeah, but it's more than that.
Sat Jan 25, 2025, 02:47 PM
Saturday

They reject and are offended by anything that doesn't fit their narrow little definitions. Often, encountering non-binary people even makes them angry.

They're not affected by any of it, of course. Today, a story in my morning paper said that an NCAA official said that there were only 90 transgender collegiate athletes in the county. That's an insignificant number, really. Nobody would notice if nobody mentioned it. But, the outrage about it is amazing.

Going ballistic about something that is barely noticeable is a symptom of something bad going on in those people's heads. Instead of shrugging the whole thing off, they get all bent out of shape. Scary,

Retrograde

(10,850 posts)
50. Thanks for clearing up this misconception
Sat Jan 25, 2025, 03:20 PM
Saturday

I just finished reading Carl Zimmer's "She Has Her Mother's Laugh", about genetics and why it's not as simple as most people think it is.

KentuckyWoman

(6,936 posts)
8. That is not accurate.
Sat Jan 25, 2025, 12:30 PM
Saturday

Sperm are either X or Y.
Egg is always X.
Which ever sperm wins the race, that's the result.

There are some rare variations, chromosome wise as Mineral Man pointed out. But scientific gender is decided the minute conception takes place.

None of which has one blessed thing to do with the whole conversation about which bathroom people are allowed to use, or whether they are allowed to wear pearls with a tux. It's just an idiotic conversation from the start.

KentuckyWoman

(6,936 posts)
10. I guess that's new to me.
Sat Jan 25, 2025, 12:38 PM
Saturday

Even looking online to fact check myself, Cleveland Clinic says sex does not change after conception. I'm old. My education is old. I'll defer to your knowledge then.

Think. Again.

(20,788 posts)
12. Here ya go...
Sat Jan 25, 2025, 12:58 PM
Saturday
"All human individuals—whether they have an XX, an XY, or an atypical sex chromosome combination—begin development from the same starting point. During early development the gonads of the fetus remain undifferentiated; that is, all fetal genitalia are the same and are phenotypically female. After approximately 6 to 7 weeks of gestation, however, the expression of a gene on the Y chromosome induces changes that result in the development of the testes.


Source: National Library of Medicine https://www.ncbi.nlm.nih.gov/books/NBK222286/

KentuckyWoman

(6,936 posts)
27. So we aren't really talking about the same thing
Sat Jan 25, 2025, 01:26 PM
Saturday

I understand about the anatomy growth. Thanks for clarifying.

Think. Again.

(20,788 posts)
28. Yes, my concern is that trump's order...
Sat Jan 25, 2025, 01:37 PM
Saturday

...clearly states we must define our sex by what is biologically apparent at conception, which, for everyone, is medically understood to be female.

Think. Again.

(20,788 posts)
16. Yes, but what legal jeopardy does that put...
Sat Jan 25, 2025, 01:08 PM
Saturday

...anyone in who does not list themselves as "female" when they are legally required to list their true sex?

yardwork

(65,120 posts)
18. Nobody knows, I guess.
Sat Jan 25, 2025, 01:11 PM
Saturday

Trump has thrown the concept of law and order out the window. We're in absurdism now. I don't think that "legal jeopardy" really applies. It's more like "if you cross me I'll destroy you one way or the other."

Chaos.

Think. Again.

(20,788 posts)
22. I agree. unfortunately...
Sat Jan 25, 2025, 01:15 PM
Saturday

...I'm faced with completing a juror notification form this morning, which is stating that under law I must truthfully indicate my sex, and since trump's order from a few days ago, I feel it could be argued that I was criminally liable for lying if I indicate anything other than "female".

Think. Again.

(20,788 posts)
24. Nope, I don't ....
Sat Jan 25, 2025, 01:17 PM
Saturday

...but I'm curious about what I am legally required to list as my sex on legally binding documents.

czarjak

(12,601 posts)
29. Breaking it down to zygotes?
Sat Jan 25, 2025, 01:39 PM
Saturday

W was correct, Believe It Or Not. "Our enemies never stop thinking of ways to harm us."

Think. Again.

(20,788 posts)
30. Yes, trump's order specifies that our sex is determined "at conception", therefore, zygotes.
Sat Jan 25, 2025, 01:47 PM
Saturday

GiqueCee

(1,620 posts)
41. When I have to respond to a MAGA moron on this subject...
Sat Jan 25, 2025, 02:44 PM
Saturday

... I ask them, "Do you know why men have nipples?" It is not a non sequitur. I then point out exactly what the OP said, that every human – in deed, I think it's every mammal – is FEMALE at conception, and that the Y chromosome does not manifest itself until later in the gestation period.
Like every other phase of fetal development, the timing of these changes is infinitely variable. It is why people are born gay every day, and some exhibit gender dysphoria quite early in childhood. Simplistic assumptions, like those of the Malevolent Man-Baby currently defiling the Oval Office, are the product of weak minds too rigid to accept or assimilate new information, as is the case for every conservative that Satan ever defecated.

Wiz Imp

(3,107 posts)
43. (Could this be the basis of a legal argument against trump's new rule?)
Sat Jan 25, 2025, 02:49 PM
Saturday

Yes. Yes it could. The executive order attempt to override science, which the government can't do (not that they don't try).

Wiz Imp

(3,107 posts)
49. In this case, the science provides a valid legal basis for striking down the executive order.
Sat Jan 25, 2025, 03:19 PM
Saturday

AS the OP indicated, based on the executive order language, pretty much the entire population is female. I can't imagine the courts will let that stand.

EOs need to be constitutional and based in reality to stand. If Trump issued an executive order declaring the US recognizes the earth as flat, do you think that would stand?

LeftInTX

(31,910 posts)
52. I agree with that. They must be constitutional. I don't agree with this EO. Hopefully it will be struck down.
Sat Jan 25, 2025, 03:26 PM
Saturday

I don't trust SCOTUS.

However, there is no law stopping him from writing an EO recognizing that the earth is flat. He could do it just as an exercise in mind control.

LeftInTX

(31,910 posts)
57. Until recently, the Texas Democratic Party required a male and female representative for each district in our SDEC
Sat Jan 25, 2025, 05:11 PM
Saturday

Recently they added nonbinary. I believe it was in 2022???

The current rule is:

Two persons who identify as different genders from each Congressional district shall be recommended by the Delegates from the counties composing the respective Congressional districts.
https://docs.google.com/document/d/1JSOR5a6pwETuiihDgQE2rQGNM4MXFDJ-7vYdO8_XLuQ/edit?tab=t.0
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