President Donald Trump’s administration is considering defining gender as a static, unchangeable, biological fact that is designated at birth and can never be altered.
The Department of Health and Human Services (HHS) is seeking to create a legal definition of sex under Title IX, a federal civil rights law the deals with education, The New York Times reported Sunday after obtaining a memo from the administration.
HHS will define gender as determined “on a biological basis that is clear, grounded in science, objective and administrable,” according to the memo, TheNYT reported. The definition would define gender as either female or male, according to the person’s genitalia at birth. Discrepancies would be determined by genetic testing, the memo indicates.
“Sex means a person’s status as male or female based on immutable biological traits identifiable by or before birth,” the memo reads. “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.” . . .
“Courts and the previous administration took advantage of this circumstance to include gender identity and sexual orientation in a multitude of agencies, and under a multitude of laws … [leading] to confusion and negative policy consequences in health care, education and other federal contexts,” the memo reads. (Read more from “Trump Administration Considering Policy That Eradicates Transgender Identity” HERE)