LGBTQ Rights Activist Jazz Jennings Hits Back At Trump Anti-Transgender Memo

Remigio Civitarese
Ottobre 23, 2018

But HHS officials did confirm to the Times more generally that it's working to clarify and limit the definition of sex in federal civil rights laws.

"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", she said.

Disputes over one's sex would be resolved by genetic testing, the Times reports.

The move, if made and followed through in coordination with other key federal departments, would mark a major shift for transgender rights under the law and reverse course from the Obama administration, which expanded the legal concept of gender in several instances to recognize gender identity did not always match one's sex as determined at birth. It would specify that sex is "immutable", thereby effectively removing any legal recognition for transgender individuals.

"I am livid but clear-headed", said Mara Keisling, founder and executive director of the National Center for Transgender Equality. I am threatened but absolutely resolute. "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".

It could also exclude the transgender population from civil rights protections.

The Obama administration enacted regulations and followed court rulings that protected transgender people from discrimination, upsetting religious conservatives.

Across the United States, questions about whether anti-discrimination law protects transgender people have fuelled fights over access to bathrooms and locker rooms.

The Trump administration has reversed that view.

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".

Masen Davis, chief executive of Freedom for All Americans, said this was a moment that would "test the resilience" of the LGBT community. In addition to having bipartisan support in Congress with 246 cosponsors, 115 major corporations have also joined HRC's Business Coalition for the Equality Act.

Organizers of the press conference denounced the proposed plan as part of a "consistent, multi-pronged campaign" by the White House to undermine the civil rights of LGBT people. Among the others are an attempt to ban them from military service; a memo from Attorney General Jeff Sessions concluding that civil rights laws don't protect transgender people from discrimination on the job; and the scrapping of Obama-era guidance encouraging school officials to let transgender students use school bathrooms that matched their gender identities.

The proposal is based upon HHS's "own reading of the laws and from a court decision", according to the paper, which notes that it would affect the more than 1.4 million Americans that have identified as transgender.

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