A memo that has reportedly been circulating at the Department of Health and Human Services aims to narrow the federal government’s definition of “sex” under Title IX — a change that could leave transgender people without a number of the legal protections that have become standard in recent years.
The memo reported on by The New York Times has not been released publicly. NPR has not seen it, and HHS says it does not comment on “alleged leaked documents.”
But the potential impact of the policies described in the memo, and the headline under which the Times ran its story – ” ‘Transgender’ Could Be Defined Out of Existence Under Trump Administration” — inspired grave fears and fervent protest.
People gathered in New York City’s Washington Square Park on Sunday evening to rally for trans rights, and on Monday, protesters rallied in front of the White House holding signs that declared, “We will not be erased.”
Many trans people began posting photos of themselves to social media, using the hashtag #WontBeErased.
Trans cutie reporting for duty! I’m the first non-binary Realtor in my office and am teaching my colleagues the joy of singular they! 💖✨ pic.twitter.com/vfMeedGIAL
— Theo Lorenz (@TheoNicole) October 21, 2018
Growing out the beard so I at least have something to scratch when I’m banned from men’s rooms but terrify strange women walking into the ladies… or for when I realize they ultimately just want to make it de facto illegal for me to exist in public spaces, period. pic.twitter.com/QwmLctnItx
— Reed Brice (@thatdangdingus) October 21, 2018
We #WontBeErased. pic.twitter.com/JVA5aVEI2f
— Human Rights Campaign (@HRC) October 22, 2018
The Times reports that the document was written in the spring and proposes that different government agencies adopt a unified definition of sex — specifically one that defines it as determined “on a biological basis that is clear, grounded in science, objective and administrable.”
“The agency’s proposed definition would define sex as either male or female, unchangeable, and determined by the genitals that a person is born with,” the Timesreports, based on the draft seen by its reporters. “Any dispute about one’s sex would have to be clarified using genetic testing.”
Title IX is the federal law passed as part of the Education Amendments of 1972 that prohibits discrimination on the basis of sex “under any education program or activity receiving Federal financial assistance.” The term “sex” refers to gender, which has since been expanded under the law to include sexual orientation and gender identity.
It’s not clear who drafted the memo, but the Times reports that it is part of an effort by the HHS to establish a uniform definition accepted by the four agencies that enforce Title IX: the departments of Education, Justice, HHS and Labor.
“I am a #transgender person. I am livid but clear-headed. I am threatened but absolutely resolute. @transequality will always fight,” wrote Mara Keisling, executive director of the National Center for Transgender Equality.
“I know folks are scared and hurt. So am I. We are working to stop this and we will never give up. The courts are scary. The administration is scary. This world is scary. We still have tools. I am here. I see your beautiful humanity. And I love you,” tweetedChase Strangio, an attorney with the ACLU’s LGBT and AIDS Project.
— NWLC (@nwlc) October 22, 2018
I am proudly out as trans, and I #WontBeErased.
— Liz Fong-Jones (@lizthegrey) October 22, 2018
— Imaan LGBTQI (@ImaanLGBTQ) October 22, 2018
The Trump administration has already taken steps to try to disqualify most transgender people from serving in the military.
Earlier this month, the State Department implemented a policy denying visas to same-sex partners of foreign diplomats and the staff of U.S.-based international organizations if they’re not legally married. Many of the affected couples are from countries where same-sex marriage is illegal.
NPR health policy correspondent Alison Kodjak contributed to this report.