Trump Administration Could Use Biology to Roll Back Obama-Era Transgender Policies

Nick Kangadis | October 22, 2018

Is the concept of gender on a “spectrum,” as so many on the far-Left will tell you? Is it right that someone can merely proclaim a “gender identity” and then they’re supposed to publicly and automatically be perceived as such?

It seems as though we may be getting some clarity on the issue from the Trump administration soon.

According to the New York Times:

Now the Department of Health and Human Services is spearheading an effort to establish a legal definition of sex under Title IX, the federal civil rights law that bans gender discrimination in education programs that receive government financial assistance, according to a memo obtained by The New York Times.

The department argued in its memo that key government agencies needed to adopt an explicit and uniform definition of gender as determined “on a biological basis that is clear, grounded in science, objective and administrable.” The agency’s proposed definition would define sex as either male or female, unchangeable, and determined by the genitals that a person is born with, according to a draft reviewed by The Times. 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,” the department proposed in the memo, which was drafted and has been circulating since last spring. “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.”

So essentially, you can “identify” as whatever you like, but when it comes to being legally recognized, your actual gender will be your official identifier.

These changes in transgender policy would roll back Obama-era edicts that were implemented before then-president Obama left office. While the military guidelines have a more stringent set of rules, Obama’s “guidance” for the Department of Education let anything go.

According to a 2016 article by The Hill:

The Departments of Education and Justice issued joint “guidance” to schools nationwide saying that federal law requires schools to permit transgender students to use restrooms, locker rooms, and other changing facilities according to their asserted gender identity. There is no requirement of medical transition or legal gender change—in fact, the guidance letter specifically disavows any need for medical diagnosis or treatment as a prerequisite to having access to restrooms or changing facilities. Unlike military leaders, school officials have no way to verify the claim to transgender status.

Well, that could very soon change — or transition, if you’ll pardon the pun — if the Trump administration’s proposal goes through as planned.