On March 4, Indiana Gov. Mike Braun signed Executive Orders 25-35 and 25-36, addressing the classification and rights of transgender individuals in Indiana. The orders plan to define “gender” and “sex” as synonymous and ban transgender women from participating in college-level sports.
The executive orders follow the United States Department of Education’s enforcement of the 2020 Title IX rule, which reinstates provisions from the first Trump administration, and reverses the Biden administration’s 2024 Title IX rule. The 2024 rule extended the definition of harassment for sex-based situations to include gender identity, allowing transgender women to compete in sports. Under the 2020 Title IX rule, this is not the case.
A state executive order is issued by a governor to regulate state matters and guide the actions of state agencies, but it is not a law. Laws, which begin as proposals as house and state bills, are passed through the legislative process, requiring approval by both the state senate and house, and are upheld by lawmakers. Executive orders, on the other hand, do not carry the same weight and are not subject to the same legislative process.
Bills proposed for the 2025 Indiana legislative session have echoed similar discussions about the rights of LGBTQ+ citizens in Indiana.
Executive Order 25-35 states that while the 2024 Title IX rule seeks to prohibit sex-based discrimination in federally funded education programs and activities, including college sports, arguing that, “Title IX has been needlessly complicated by those who have sought to impose their views of gender identity onto education and sports programs.”
On Feb 8., Indiana Rep. Michelle Davis, R-District 58, authored changes to similar legislation in House Bill 1041. The bill aims to prohibit people assigned male at birth from participating in athletic teams or sports designated for females, women or girls. If passed, the law would require state educational institutions, and certain private postsecondary institutions, to comply. The bill's third reading passed the house on Feb. 18. and was referred to the Senate. HB 1041 is currently active.
HB 1041 was originally introduced in 2022 and applied only to K-12 students. It passed on March 5, 2022, after the Senate overrode former Indiana Gov. Eric Holcomb’s veto. The new 2025 bill seeks to expand the restrictions to college sports.
“I am disappointed in Governor Holcomb for not supporting and standing up for female Hoosiers,” Davis wrote on X on March 22, 2022. “I have worked diligently on protecting the integrity of girls’ sports in Indiana through the creation of HB 1041. HB 1041 is a common sense legislation.”
On Feb. 5, 2025, Davis joined President Trump for the signing of an executive order banning transgender women from women’s sports, alongside Riley Gaines, a prominent advocate for this cause.
“It was an honor and privilege to attend the Executive Order signing by President Trump of Protecting female sports in our nation at the White House yesterday,” Davis posted on Facebook on Feb. 6. “I look forward to passing House Bill 1041 next week out of the education committee that will protect Indiana’s female college athletes, it will ensure our tax dollars will be spent on females for athletic scholarships and provide athletic opportunities for our female Hoosier athletes.”
Executive Order 25-36, the second executive order issued by Gov. Braun, states that the Indiana Executive Branch must interpret “sex” and “gender” as synonymous under state law. In this context, both terms refer to an individual’s immutable biological classification.
Senate Bill 441, first introduced on Jan. 13, seeks to codify this interpretation by also defining “sex” and “gender” as synonymous terms. If enacted, the bill would require gender markers on birth certificates to be reverted to the sex assigned at birth for transgender and nonbinary individuals, regardless of prior court-approved changes. SB 441 is inactive for the current legislative season.
Proposed bills are expected to achieve certain milestones within deadlines in order to continue to pass through the legislative process. When a bill is unable to meet these requirements, they become inactive. Once inactive, bills can either be considered dead or reintroduced to start the next legislative session.
"‘Sex’ and ‘gender’ mean the biological classification of male or female in the context of reproductive potential or capacity," the bill reads. "This is determined by sex genes, naturally occurring sex hormones, gonads and nonambiguous internal and external genitalia present at birth, regardless of an individual's psychological, chosen, or subjective experience."
Agencies that are expected to comply with SB 441 would be the Bureau of Motor Vehicles and the Indiana Department of Health.
The bill would immediately eliminate the option of an “X” gender marker, which serves as a third designation beyond male and female for nonbinary individuals. In Indiana, obtaining an X marker does not require medical procedures, only a court order. Any previously amended documentation would be voided.
Under Gov. Braun’s executive order, driver’s licenses with an X marker remain valid until renewal.
The bill was authored by Sen. Gary Byrne, R-District 47, and Sen. Tyler Johnson, R-District 14.
Bryne and Johnson have previously worked together to target transgender individuals. In 2023, both co-authored Senate Bill 480 alongside Sen. Ed Charbonneau, which prohibits any physician or other practitioner from providing gender affirming care to anyone under 18. The bill became Public Law 10 on Feb. 15, 2023.
The American Civil Liberties Union (ACLU) of Indiana filed a lawsuit challenging SB 480 on behalf of families of transgender youth. However, the ACLU was ultimately unable to prevent the law from taking effect.
“Starting around the age of two years old, our daughter began telling us who she is,” Beth Clawson told the ACLU as part of the lawsuit in 2023. Clawson, who has a 10-year-old transgender daughter, continued, “When she was three-and-a-half years old, after researching gender dysphoria and consulting with both her therapist and pediatrician, she socially transitioned. That means we started using she/her pronouns and letting her dress as a girl. That was seven years ago, and she hasn’t wavered at all in knowing who she is.”
House Bill 1669 seeks to define and limit who can attend “adult orientated performances” by prohibiting minors from attending and specifying where they can be held. This bill can be seen as directed towards the drag community based on the bill's definition of an “adult orientated performance.” HB 1669 is also inactive at the moment.
According to the bill, an adult-oriented performance can be classified as a live, in-person show, exhibition or other presentation that displays prosthetic breasts, which are common in the wardrobe of drag performers.
Another rule related to the classification of an adult-oriented performance is whether it is considered, as a whole, “patently offensive to prevailing standards in the adult community” and “lacks serious literary, artistic, political, or scientific value for minors.” This criteria can be viewed as subjective and possibly used to argue against drag shows.
HB 1669 is authored by Rep. Bruce Borders, R-District 45. In 2022, Borders voted in favor of HB1041.
As Indiana moves forward with these executive orders and legislation proposals, the state’s approach, whether with inactive or active bills, continues to spark debate over civil rights, government authority, and the future of LGBTQ+ protections.
Melanie Contreras is a freshman on campus pursuing a major in journalism with a minor in professional and public writing, while also working towards a paralegal studies certificate. She enjoys drinking coffee and being a social advocate for the community.
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