This bill mandates that federal agencies can only use "Male" or "Female" as options when collecting sex-related information on official forms and documents.
Ronny Jackson
Representative
TX-13
This bill, the "Male or Female Only Act," prohibits federal agencies from including any option other than "Male" or "Female" when collecting information about an individual's sex on official forms and documents. It also bans the collection of information regarding gender or gender identity. Agencies must update all relevant forms within 60 days to comply with these restrictions.
The proposed “Male or Female Only Act” is laser-focused on how the federal government collects demographic data. Simply put, this legislation mandates that every federal form, survey, and document must limit the sex identification options strictly to ‘Male’ or ‘Female.’ That’s it—no ‘X,’ no ‘Other,’ and definitely no space for ‘gender identity’ information.
This bill requires a significant administrative overhaul across every federal agency. Within 60 days of the law taking effect, the head of every agency must update all existing forms to comply with this two-option mandate (SEC. 2). More critically, the bill explicitly prohibits collecting any information about an individual’s gender or gender identity. If someone tries to write in a response that isn’t ‘Male’ or ‘Female,’ the agency is instructed to actively reject that response.
Think about filling out a student loan application, a census form, or even a basic HR intake form for a federal job. If this bill passes, those forms will become much more restrictive. For example, if you are a non-binary person applying for federal aid, the form will force you to select one of two options, and any attempt to accurately self-identify would be considered invalid and rejected by the agency’s system. This isn’t just about checking a box; it dictates what data the government will acknowledge and record about you.
This mandate has real-world implications for two major groups: individuals who are transgender or non-binary, and the federal agencies that rely on comprehensive data to function fairly. For transgender and non-binary individuals, this bill essentially wipes their identity markers off official federal documents, forcing them into a binary box that doesn't reflect their reality. This can cause friction when documents don’t match or when seeking services that rely on accurate self-identification.
On the agency side, the prohibition on collecting gender identity data matters for civil rights and health research. Federal agencies—like the Department of Health and Human Services or the Department of Justice—often collect demographic data to monitor discrimination, track health disparities, or ensure equitable distribution of resources. By banning the collection of gender identity information, the government loses the ability to accurately measure and address issues affecting the LGBTQ+ population. If you can’t count a population, you can’t effectively serve or protect it.
One of the most unusual provisions is the requirement for agencies to “reject any response” that provides gender identity information or states a sex other than male or female (SEC. 2). This turns data collection into data policing. Instead of simply standardizing options, the government must now actively filter and invalidate responses from citizens trying to fill out necessary paperwork. This could slow down processing times and create unnecessary administrative hurdles for agencies trying to process high volumes of forms, like those for benefits or tax purposes. It creates a mandate for federal workers to enforce a policy of identity rejection, rather than simply processing information.