The Trump administration proposed a new memo to narrow the definition of gender to say that it is a biological condition prescribed at birth and related to genitalia Oct. 21.

This decision has the potential to roll back what the Obama administration did to loosen the definition of gender to recognize it as a person’s choice and not necessarily what they were assigned at birth. It would remove civil rights protections guaranteed not only under Title IX, but also under other federal statues as well.

The Dept. of Health and Human Services issued a statement saying that they wanted to redefine gender because government agencies needed to agree on an explicit definition that is “on a biological basis that is clear, grounded in science, objective and administrable,” according to the New York Times.

The Trump administration proposed that sex would refer specifically to either male or female, related to the genitalia people had at birth and unchangeable. “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,” according to the memo as reported by the New York Times.

This memo poses a stressful situation for transgender and nonbinary people because it does not guarantee protections for them under federal civil rights laws, nor does it provide recognition of their identities. Protests in New York City from the LGBTQ+ community erupted almost immediately after the decision, with many taking to Twitter to use #WeWillNotBeErased.

The new policy would affect approximately 1.4 million Americans who identify as transgender or nonbinary, according to the New York Times.

This definition change soul have lasting effects on a variety of current policies. Anti-discriminatory policies based on sex in Title IX and Equal Opportunity Laws would likely have to be revised or enforced in a different manner than now.
Organizations such as the American Civil Liberties Union and the Equal Opportunity Center continue to fight against this definition and its potential severe consequences for United States citizens who identify as transgender or non-binary.

Expert Corner written by: Dr. T. Evan Smith, Associate Professor of Psychology

Dr. T. Evan Smith, associate professor of psychology at Elizabethtown College, explained that the passing of this memo will be a different process than if it were a law. He said that he expects the Trump administration will post the wording of the policy and then open it to public comment.

“This policy is anti-trans, anti-intersex and anti-science,” Smith said. “Sex and gender are complex and multi-faceted.”

He went on to explain that he believes the Trump administration does not believe trans people should be protected or receive medical care connected to their gender identity. He also said the government is trying to enshrine a binary system of sex and gender where the two are not equivalent, a view not shared by science or the medical system, according to Smith.

“We are capable of developing a system that protects and serves all of our people regardless if they’re cis[gender], trans[gender] or intersex,” Smith said.

Smith also stated that this memo is seeking to exclude trans and intersex people from protections under the government and from access to a health care system that understands the needs and conditions of trans people especially.

Smith is particularly worried about the effect that this policy will have on young people and people of color. He said that many trans and nonbinary people are terrified of what will happen if this memo passes. He explained that trans women of color are already at a high risk of discrimination and violence, a fact that will only increase if this policy is passed.

He has encountered many young trans and nonbinary kids who are frightened that they will never have a place in the world.

“Suicide rates among trans and nonbinary youth are high, and I worry that it will make young people even more alone and frightened to share their complexity with anyone,” Smith stated.

He believes this hatred and violence towards the trans and nonbinary community stems from a lack of understanding and he advocates for more education on the complexity of gender and sex.

“I worry about the message this sends to the public,” Smith said.