White House Aiming to End Transgender Identity Under the Law

In what would the Trump administration’s biggest attack on LGBT Americans yet, the Department of Health and Human Services is advancing a plan to explicitly and strictly define sex based on one’s biological genitalia at birth, thereby eliminating transgender protections and – in the eyes of the law, anyway – the transgender identity.

Tell the White House not to pointlessly make life more difficult for transgender Americans.

The Barack Obama White House made significant strides by looking at gender in a more enlightened way, allowing people to determine their own gender, and now the Trump administration wants to peel back that progress. In effect, the U.S.’s 1.4 million transgender people would no longer legally be recognized as their preferred gender identity.

Specifically, Obama’s team used Title IX, which protects against discrimination on the grounds of sex, to extend protections to transgender people who are treated poorly for the gender they identify with. However, according to the New York Times, the current HHS attitude is that this interpretation has “wrongfully extend[ed] civil rights protections to people who should not have them.” (Can you believe the horror of a president erroneously providing gay and trans people with equal protection under the law?!)

“Sex means a person’s status as male or female based on immutable biological traits identifiable by or before birth,” reads HHS’s controversial memo. “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.”

That’s right, in any instance where a disagreement over a person’s sex might arise, the government would turn to genetic testing to address the problem. Considering that about one to two percent of all babies are born with ambiguous or nonconforming genitalia, it’s not even realistic to insist on a distinct binary where everyone is either a man or a woman.

Currently, HHS is calling on other parts of the government – namely the Department of Justice, Department of Labor and the Department of Education – to follow the same guidelines on sex for the sake of uniformity.

During his campaign, Trump pledged to “fight for” the LGBT community whereas he stated that Hillary Clinton would “threaten [the community’s] freedoms and beliefs.” In actuality, Trump has remained aligned with the sentiments of his anti-gay base.

That’s particularly true when it comes to trans issues. Trump’s staff eliminated protections for transgender employees, inmates and students in public schools. The White House also attempted to block transgender people from serving in the military and allow health care providers to discriminate against trans patients.

In that sense, the latest proposed rule is not surprising, not that that makes it any less pointlessly cruel. Lambda Legal attorney Omar Gonzalez-Pagan said, “The purpose of this rule is to erase transgender people from existence, to write them off from federal law and to institute a definition that is contrary to case law, contrary to medical and scientific understanding, and contrary to the lived experience of transgender people.”

Take Action

The White House needs to recognize that transgender people aren’t going to stop existing just because the law makes it more difficult for them to identify as a particular gender in an official capacity. All that this policy would accomplish is to make it clear that Republican politicians are willing to use their power to make the lives of transgender Americans that much more difficult because they disapprove.

Tell Secretary of Health and Human Services Alex Azar to drop this terrible plan before it is implemented and needlessly hurts people by signing this important new petition.

Photo credit: Thinkstock

45 comments

Dave fleming
Past Member 5 months ago

TFS.

SEND
Emma L
Ellie L5 months ago

Thank you

SEND
Ingrid A
Past Member 5 months ago

tyfs

SEND
Janis K
Janis K5 months ago

Thanks for sharing.

SEND
Leo C
Leo C5 months ago

Thank you for sharing!

SEND
Leo C
Leo C5 months ago

Thank you for sharing!

SEND
Thomas M
Past Member 5 months ago

Thank you

SEND
Dave f
Past Member 5 months ago

Signed let people live in peace .

SEND
Frances G
Carla G5 months ago

thank you for sharing

SEND
Rhoberta E
Rhoberta E5 months ago

@ kay b
Then you go for it !! (better check with trump first though as he just want ALL white)

@ RK R
Yet another of your pointless posts. Perhaps you ARE already non-human !!!

SEND