Many in the transgender community were concerned about Trump and Pence due to their hate of the LGBT community. We were told we were unreasonable. We were told we were fear-mongering. Yes, we were concerned and it appears rightly so. The New York Times recently published a story stating that the Trump administration is planning on rewriting the rules concerning Title IX.
Now the Department of Health and Human Services is spearheading an effort to establish a legal definition of sex under Title IX, the federal civil rights law that bans gender discrimination in education programs that receive government financial assistance, according to a memo obtained by The New York Times.
The department argued in its memo that key government agencies needed to adopt an explicit and uniform definition of gender 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, according to a draft reviewed by The Times. Any dispute about one’s sex would have to be clarified using genetic testing.
I have presented the science regarding transgender people in my series. This administration ignores that science and chooses to base sex only on the genitals. Their hope is to remove the legal challenges so they can promote their hate and ignorance and basically erase transgender people. This will please their evangelical base, but goes against all the science. They want to undo all the protections that were in place and open up transgender people to unfettered bigotry, hate, and discrimination. Transgender folk had every right to be concerned about this administration!
The National Center for Transgender Equality has posted a response to the New York Times Article:
“This proposal is an attempt to put heartless restraints on the lives of 2 million people, effectively abandoning our right to equal access to health care, to housing, to education, or to fair treatment under the law. This administration is willing to disregard the established medical and legal view of our rights and ourselves to solidify an archaic, dogmatic, and frightening view of the world. This transparent political attack will not succeed administratively, legally, or morally.
In the name of preempting some misinformation, let’s talk about what this proposed rule would not do. It would not eliminate the precedents set by dozens of federal courts over the last two decades affirming the full rights and identities of transgender people. It would not undo the consensus of the medical providers and scientists across the globe who see transgender people, know transgender people, and urge everyone to accept us for who we are. And no rule—no administration—can erase the experiences of transgender people and our families. While foolish, this proposed rule deflates itself in the face of the facts, and the facts don’t care how the Trump administration feels.
To transgender people: I know you are frightened. I know you are horrified to see your existence treated in such an inhumane and flippant manner. What this administration is trying to do is an abomination, a reckless attack on your life and mine. But this administration is also staffed by inexperienced amateurs overplaying their hand by taking extreme positions that ignore law, medicine, and basic human decency.
With each awful headline like this, remember that you are far from alone. NCTE and other organizations are continuing to fight against this bigotry. Remember that there is an entire human rights community that not only stands with us but will always fight back—and fight hard. Thousands of us have devoted our lives to protecting you and your families, and our ability to do so is nothing short of a privilege. And we will not lay down now.
Transgender people have fought rules like this one in federal and state court and won. We have stood toe-to-toe with administrators, legislatures, and executives who would agree with this rule and yet we won. We have fought and will continue to fight for The Equality Act, a bill currently in Congress that would explicitly enshrine civil rights protections for transgender people—Congress must pass this long overdue bill now. We know how to defeat this, and we will do everything we can until every transgender person feels secure in their rights under the law.
At the heart of our work at NCTE is the belief that no one should have to suffer just to be true to themselves. And yet transgender people are still often forced from their homes, fired from their jobs, harassed at their schools, and denied the most basic level of dignity by a broken system. Knowing this, millions of transgender people wake up every day and step into an uncertain world. This is the most common trait shared by transgender people: A strength and resilience for hard and difficult times. If this administration is hoping to demoralize us, they will be disappointed. If they are hoping we will give up, they should reconsider the power of our persistence and our fury.”
The changes they propose will also be challenged. I hope that the rest of the LGBT community rises up against this also. Just a reminder that they also want to end Marriage Equality and nullify all gay marriages. We must stay vigilant. We must stay strong! We must fight against hate and ignorance!
My heart to your heart, one heart, one spirit.
Emma Morgaine Croft