“Trump administration is considering narrowly defining gender as a biological, immutable condition determined by genitalia at birth, the most drastic move yet...to roll back recognition and protections of transgender people under federal civil rights law.” nyti.ms/2R9W1jB
A few things. First, this policy ignores the fact that there are intersex persons. Second, we should be horrified at the idea of government mandating genetic tests for anything. Third, this would erase transgender people’s existence but it would harm a wider group of folks. 1/
If the Admin’s idea that our notions of what discrimination “because of sex” boils down to sex organs— yikes. That undermines protections for gender non-conforming cisgender people, gays/lesbians/bisexuals, and stereotypes used to discriminate against cisgender heterosexuals.
Ultimately, the courts decided what sex means. The Administration’s attempt to disaggregate gender and sex is a ship that sailed long ago. This should and must be stopped. It’s awful. It’s inconsistent with current doctrine. But, simply, it is cruel.
*Honestly, I meant to say “decide.” However, the truth is that courts have long recognized that when transgender individuals are discriminated against it is because of their sex. (See, e.g., Smith v. City of Salem (6th Cir. 2004); Glenn v. Brumby (11th Cir. 2011)).
