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.. 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.
Former President Barack Obama instituted policies that wrongly allowed “sex” to include homosexuality and gender identities, which paved the way for individuals to choose their gender.
“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.
HHS will present the new definition of gender to the Department of Justice by January 2019, according to Trump administration officials.
The new policy would affect the status of transgenders serving in the military as well as transgender students. Since Obama loosened the definition of Title IX, divisive battles have been fought over which bathroom students can use in school as well as what sports teams they can play on. Companies have adopted plans covering the cost of therapies and surgeries for transgender and transitioning employees. Some states have mandated that insurance companies pay for sex-change operations and other cosmetic procedures.