Oklahoma Governor Signs Executive Order Defining Male and Female

On Monday, Governor Kevin Stitt of Oklahoma signed Executive Order 2023-20, known as the “Women’s Bill of Rights.” The landmark decision comes 103 years after the 19th Amendment guaranteed women the right to vote, 51 years after Title IX promoted opportunities for women in education, and 50 years after President Nixon proclaimed August 26th as Women’s Equality Day.

The Executive Order begins by acknowledging the historical strides made for the dignity and equality of women in America, championed by leaders from both political parties. It then asserts that “radical gender ideologues” threaten the progress won by women and girls, and that the federal government is surrendering to their demands.

The Executive Order outlines specific definitions to be used by state agencies, boards, and commissions. These definitions include:

• “Female” as a person whose biological reproductive system produces ova.
• “Male” as a person whose biological reproductive system fertilizes the ova of a female.
• “Woman” and “girl” referring to natural persons who are female.
• “Man” and “boy” referring to natural persons who are male.
• “Mother” and “father” defined as female and male parents of a child or children, respectively.
• “Sex” defined as a natural person’s biological sex, either male or female at birth.

Governor Stitt’s Order emphasized Oklahoma’s leadership in restoring reality to discourse surrounding gender, citing last year’s enactment of the Save Women’s Sports Act. The Order declares that more must be done to counter the regression of women’s rights, recognizing the “definitional, practical, and material differences between the sexes” that have legal implications in Oklahoma.

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The Order’s purpose is stated clearly: “To settle the unfounded confusion surrounding such basic questions as ‘What is a woman?’, this Order is intended to provide clarity, certainty, and uniformity to administrative actions and rules.”

The Order also directs public schools, districts, and other state entities to identify each natural person as either male or female for the purpose of complying with anti-discrimination laws and gathering accurate public health, crime, economic, or other data.

Furthermore, it authorizes agencies to provide governmental services in single-sex environments where biology, privacy, and personal dignity are implicated. Examples include dedicated facilities for men and women in prisons and correctional facilities, as well as dedicated restrooms and locker rooms for boys and girls in schools.