On Monday, the Department of Health and Human Services announced that its prohibition on sex discrimination will include protections pertaining to gender identity. Reflecting the U.S. Supreme Court’s ruling in Bostock v. Clayton County, this was seen as reversing the Trump administration’s policy, which defined “sex” as “unchangeable” and determined at birth.
No one should face discrimination when seeking medical services, and adults should be able to live their lives freely, identifying as the opposite sex if they so choose. But this policy illustrates the Biden administration’s continued theme of inaccurately conflating sex and gender identity. If these terms are used correctly, one cannot simultaneously uphold protections for both sex and gender identity because this would be contradictory.
