#WeWontBeErased: Outcry over memo proposing U.S. transgender change

Conservatives have been horrified at the fluid idea of gender identity that is increasingly recognised by the American authorities.

"This takes a position that what the medical community understands about their patients - what people understand about themselves - is irrelevant because the government disagrees", said Catherine Lhamon, who led the Education Department's Office for Civil Rights in the Obama administration and helped write the transgender guidance that is being undone.

"Sex means a person's status as male or female based on immutable biological traits identifiable by or before birth", reads a memo obtained by the newspaper that is reportedly in circulation within the department.

The National Center for Lesbian Rights said that the fight will continue in the courts, which have the last say in defining sex discrimination.

The Trump administration is considering a possible rollback of Obama-era recognitions and protections that broadened the definition of gender, according to a report Sunday.

According to the report, the U.S. Department of Health and Human Services (HHS) is planning to release regulations narrowly defining "sex" in a way that guts enforcement of existing civil rights protections for LGBTQ people.

The memo went on to say, "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 definition could not be changed legally and any disputes would require genetic testing, according to the report.

As reported by The New York Times, the absolutely bollocks memo details how the Trump administration wants to define sex by the genitalia a person is born with. That was one of the reasons for the move for a new, standard definition by HHS.

In 2016, Judge Reed O'Connor ruled on a challenge to a provision in the Affordable Care Act that forbade discrimination on the basis of race, color, sex, and other characteristics.

After more than a year of discussions, health and human services is preparing to formally present the new definition to the Justice Department before the end of the year, Trump administration officials say.

But in recent discussions with the administration, civil rights groups, including Lambda Legal, have pointed to other court cases. The Administration's plans are in direct conflict with a growing trend in federal court decisions affirming that sexual orientation and gender identity are covered under our nation's civil rights laws which prohibit discrimination based on "sex". Under Trump, several agencies have withdrawn policies that recognise transgender identity in schools, prisons and homeless shelters, and there was even an attempt to withdraw questions about gender identity from the 2020 census.

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