White House May End Recognition of 'Transgender'

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

Trump Administration Moves to Exclude Transgender People from Civil Rights Protections

Here's a look at some of the main policy proposals the administration has taken toward transgender people and how they differ from the Obama administration.

National LGBTQ advocacy groups quickly mobilized in light of the news, organizing a rally for trans rights in New York City late Sunday evening and a protest in front of the White House set for Monday afternoon. The administration even tried to remove questions about gender identity from a 2020 census survey and a national survey of elderly citizens.

Today, the Human Rights Campaign (HRC), the nation's largest lesbian, gay, bisexual, transgender, and queer (LGBTQ) civil rights organization, responded to an explosive New York Times report that the Trump-Pence Administration intends to redefine "sex" to intentionally exclude LGBTQ people and their families from non-discrimination protections. It would need to be signed off by the departments of Justice, Labor and Education, which are also involved with civil rights enforcement.

Maj. David Eastburn, a Pentagon spokesman, said the announcement of a new policy would have no immediate practical effect on the military because the Pentagon has been obliged to continue to recruit and retain transgender people in accordance with current law.

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. Both regulations are expected to be released this northern autumn, and would then be open for public comment, typically for 60 days. Roger Severino, head of the Office of Civil Rights at HHS, said: "A federal court has blocked HHS's rule on gender identity and termination of pregnancy as contrary to law and infringing the rights of healthcare providers across the country".

Civil rights groups have been meeting with federal officials in recent weeks to argue against the proposed definition, which has divided career and political appointees across the administration. "Any dispute about one's sex would have to be clarified using genetic testing".

It also said the move would be relevant in particular to a pair of proposed rules, one from the Education Department on sex discrimination at schools and colleges and another at HHS on health programs that receive federal funding.

A 2016 ruling by O'Connor concerned a rule that was adopted to carry out a civil rights statute embedded in the Affordable Care Act.

"Defining "sex" in this narrow language tailored to the talking points of anti-equality extremists is part of a deliberate strategy to eliminate federal protections for LGBTQ people", he went on. Anderson argues that gender can not be severed from biological sex, and that "taking our sexual embodiment seriously in public policy is not discriminatory"'.

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