Trump administration to base gender on biology not opinion

The US Department of Health and Human Services is set to define gender “on a biological basis that is clear, grounded in science, objective and administrable,” according to a leaked memo reported by the New York Times. The move would reverse a decision in the final months of the Obama administration that had radically redefined sex as grounded in a subjective sense of self as dictated by gender ideology. The new codification would be applied for the purposes of Title IX, a federal law that bans gender discrimination in education programs that receive federal financial assistance.

“In the last months of the Obama administration, federal bureaucrats unlawfully redefined the word ‘sex’ to mean ‘gender identity,’ and then imposed a radical bathroom and locker room policy on all our public schools, and said that doctors who declined to perform sex ‘reassignment’ procedures would be guilty of discrimination,” Ryan T. Anderson, a senior research fellow at The Heritage Foundation and author of “When Harry Became Sally: Responding to the Transgender Moment,” told The Daily Signal.

“Thankfully, it appears that the Trump administration has rejected Obama’s transgender agenda and understands the word ‘sex’ correctly as a bodily reality,” Anderson said.

The memo reportedly says: “Sex means a person’s status as male or female, based on immutable biological traits identifiable by or before birth. 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.”