Trump administration could rollback transgender protections and initiatives from Obama era

NYT: Draft Trump Admin Memo Narrowly Defines Gender, Uses Genetic Testing

According to the Times, the memo argues that government agencies should be obligated to define gender "on a biological basis that is clear, grounded in science, objective, and administrable".

The memo says that while Title IX, which protects people from sex discrimination in education programs that receive federal funds, presumes "a binary understanding of 'sex, ' there's no "standalone definition". That definition would define someone as either male or female, determined by a person's genitals at birth. Jenna Ellis, Director of Public Policy with the James Dobson Family Institute, explains what this change means?

This is an attack on the very lives and existence of transgender people.

Activists who oppose transgender rights pointed out that even if Trump changes federal rules, MA has state laws banning discrimination against transgender people in employment, housing, and education.

That definition would essentially eliminate recognition of the estimated 1.4 million Americans who identify with a gender different from the one they were born in, according to the Times, which said HHS is preparing to present the new definition of sex to the Justice Department for approval by the end of the year.

The reported proposal comes little more than a week after New York City created a gender-neutral "X" option for birth certificates, joining California, Oregon, Washington state and New Jersey in offering a third gender category on the government-issued identity documents.

Chelsea Clinton also voiced her disapproval, writing: "The Trump Administration 'Eyes Defining Transgender Out of Existence, ' at a moment when transgender Americans face high levels of discrimination and violence". And if other major federal agencies adopt the definition, it could be harder for the advocates to fight it in court.

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One key figure at the head of this effort is Roger Severino, the director of the Office for Civil Rights at HHS.

The injunction prohibits HHS's OCR from enforcing some of Obamacare's requirements as they pertain to persons who claim to be of a gender that is incompatible with their biological sex.

HRC is among the nation's most prominent LGBTQ rights groups, and its statement Sunday called on Congress to pass legislation enshrining protections it says are at threat should the Trump administration go forward with the reported plan.

From attempts to exclude transgender soldiers from the military, to expanding permission for health care providers to deny care on religious or moral grounds, the administration has relentlessly undermined the protections from discrimination transgender people depend on under federal law.

It is the latest effort by US President Donald Trump's administration to chip away at protections for the LGBT community.

A 2010 "Dear Colleague" letter from the Department of Education's Office for Civil Rights noted that "gender-based harassment" could include harassment based upon the "actual or perceived" "gender identity" of a person.

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