The Trump administration may soon spearhead efforts to define sex and gender according to biology. In a Department of Health and Human Services memo leaked to the New York Times, officials argue the federal government should adopt a definition of sex and gender “on a biological basis that is clear, grounded in science, objective and administrable.” This move would essentially roll back changes the Obama administration made, which allowed folks to choose their identity and receive federal protections under Title IX.
According to the memo, HHS proposes that a person’s sex be either male or female and match that of their genitals at birth. “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,” the memo says.
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