"'Sex' shall refer to an individual’s immutable biological classification as either male or female," Trump's executive order declares. "'Female' means a person belonging, at conception, to the sex that produces the large reproductive cell. 'Male' means a person belonging, at conception, to the sex that produces the small reproductive cell."
Though Trump's goal to impose a "binary nature of sex" may seem clear, the specific wording, technicalities, and application of his executive order are far from it.
Conception is the point when sperm and egg join, otherwise known as fertilisation. Regardless of whether they have an XX, XY, or an alternate chromosome pattern, all human foetuses' sex organs are identical at conception in that they have none. Foetuses subsequently develop in the same manner as each other regardless of their chromosomes until approximately six to seven weeks after conception, at which point the Y chromosome typically expresses itself by inducing the development of testes. If a Y chromosome does not do this, the foetus will continue to develop female genitalia.
Basically, the early, default configuration of a human foetus is female. If we were to assign a sex at conception as per Trump's executive order, all of them would be female.
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