On Sunday, the Times reported that the Trump Administration is moving to exclude transgender people from civil rights protections — defining gender as either male or female, unchangeable, and determined by the genitals that a person is born with.
Trump’s proposed definition of sex seeks to reverse the rights that were expanded for transgenders during the Obama Administration.
via The New Yorker:
Among the Obama-era moves were guidelines, issued by the Department of Education, in May, 2016, that directed school administrators to recognize students’ gender identity regardless of the sex indicated in their documents and to enable students to use bathrooms consistent with their gender identity. Trump’s Education Secretary, Betsy DeVos, revoked these guidelines almost as soon as she was confirmed.
As noted by the bostonglobe.com, the Department of Health and Human Services is now trying to ‘establish a legal definition of sex under Title IX, the federal civil rights law that bans gender discrimination in education programs that receive government financial assistance,’ according to a memo obtained by The New York Times.
The department has called for key government agencies to adopt a definition of gender that is determined “on a biological basis that is clear, grounded in science, objective and administrable.” According to the report, any dispute about an individual’s gender would have to be clarified using genetic testing.
“Sex means a person’s status as male or female based on immutable biological traits identifiable by or before birth,” the department proposed in the memo that was drafted last spring and has been circulating since. “The sex listed on a person’s birth certificate, as originally issued, shall constitute definitive proof of a person’s sex unless rebutted by reliable genetic evidence.”
The new definition would essentially not recognize the estimated 1.4 million Americans who consider themselves a gender other than the one they were born into.
“This takes a position that what the medical community understands about their patients — what people understand about themselves — is irrelevant because the government disagrees,” said Catherine E. Lhamon, who led the Education Department’s Office for Civil Rights in the Obama administration and helped write transgender guidance that is being undone.
Trump’s bigotry plan would allow the government to discriminate against transgender people at will and it comes just in time for the midterms
“There’s more random cruelty from the Trump administration coming down the pike,” said “Late Show” host Stephen Colbert. “This time, they spun the wheel of discrimination and they landed on ‘transgender,’ because we just learned of a new Trump plan in which they would narrowly define gender as a biological condition determined by genitalia at birth, which means that transgender people could be defined out of existence,” he explained.