ACLU Vows To Sue Over Trump's Anti-Transgender Plan

ACLU Vows To Sue Over Trump's Anti-Transgender Plan

The Department of Health and Human Services could establish a legal definition of gender under Title IX, which would be based on a person's genitalia at birth, a memo obtained by the news outlet showed.

The proposed rule, according to a report in the New York Times, would define sex as "either male or female, unchangeable, and determined by the genitals that a person is born with". "Any dispute about one's sex 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", noted the HHS memo, which reportedly first made the rounds last spring.

"Right now, this administration is firmly on the wrong side of history", says HRC legal director Sarah Warbelow.

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DHS has been arguing that "sex" doesn't include gender identity over the a year ago, and has, according to the Times, felt that the "lack of clarity" caused by inclusive Obama-era rules "wrongfully extend civil rights protections to people who should not have them". If enacted, it also would do away with a series of moves by the Obama administration to recognize a person's gender as an individual's choice and not determined by their sex assigned at birth. "Transgender youth seeing this report should know that they are not alone and that their identity is valid-nothing the government does can change that". It would need to be signed off by the departments of Justice, Labor and Education, which are also involved with civil rights enforcement. "If they are hoping we will give up, they should reconsider the power of our persistence and our fury".

Severino previously called the Obama administration's moves part of a "radical gender ideology".

Health and human services officials said they were only abiding by court orders, referring to the rulings of Judge Reed O'Connor of the US District Court in Fort Worth, Texas, a George W. Bush appointee who has held that "Congress did not understand "sex" to include "gender identity". "This proposal is an attempt to put heartless restraints on the lives of 2 million people, effectively abandoning our right to equal access to health care, to housing, to education, or to fair treatment under the law", said Mara Keisling, executive director of the National Center for Transgender Equality (NCTE) in a statement.

"If the New York Times story is accurate, the sheer breadth of what HHS is proposing is jaw-dropping". Anderson argues that gender can not be severed from biological sex, and that "taking our sexual embodiment seriously in public policy is not discriminatory"'. "It would not undo the consensus of the medical providers and scientists across the globe who see transgender people, know transgender people, and urge everyone to accept us for who we are".

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