
The New York Times published an article on October 21st indicating that the Department of Health and Human Services intends to release a memo that would define sex according to biology, based on genitalia or genetic testing at birth.
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OutRight Comments On Rumoured Anti-Trans Memo
Jessica Stern, Executive Director of OutRight Action International, commented,
OutRight Action International vehemently condemns all efforts by the Trump Administration to define gender in biological or immutable terms. Such efforts amount to an attack on transgender and intersex Americans and would contradict everything we have learned from decades of progress for women’s rights and gender justice.
Much like climate change, the Trump administration and his supporters are on the wrong side of history when it comes to gender. Over the last few years, countries as diverse as Pakistan, Uruguay and Botswana have advanced the recognition of trans rights. Although much remains to be done globally for the full recognition and enjoyment of human rights for trans people, there is no doubt that the trajectory is going in the right direction.
Thankfully, the memo is only a confidential draft and has not impacted any laws or policies. However, even if it is eventually published, the Trump administration cannot undo all federal laws and court decisions that have repeatedly recognised the rights of transgender Americans to be from from discrimination. They may try, but they will not win.