Miya Medina
Staff Writer
The Trump administration is proposing another change to Title IX, a federal civil rights law that prohibits discrimination on the basis of sex in federally funded educational programs.
A memo from the Department of Health and Human Services was leaked to the public that left many in the LGBTQ community anxious for their future. The department disputed that there needs to a clear definition of gender that is identical across government agencies.
As of right now, there is no definition for sex under Title IX. This has allowed federal courts to assume that transgender people are included in Title IX language and provide them with the same protection. The memo suggests defining sex as “a biological, immutable condition determined by genitalia at birth,” according to the New York Times.
This means that sex will be described as either male or female, excluding several groups of people who do not identify as such. If there is any argument of a person’s sex, it will have to be resolved by conducting a genetic test. “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 department said.
This proposal could impact not only the transgender community, but also non-binary and intersex people. If their gender identity is no longer protected, this leaves them vulnerable to discrimination in schools.
“The role of the government is to provide for its citizens, not ostracize them.” – Moran
Dominican’s LGBTQ organization, Common Ground, is offering support and community for any person on campus this may be impacting. Common Ground Chief Publicity Officer Caitlin Moran, commented on the policy proposal: “I think this act dehumanizes gender nonconforming people. It completely invalidates their identity and their existence.” Moran explained that this memo has the potential to negatively affect so many people campus. She expressed her concern and sympathy for gender nonconforming individuals. “We’re here for you, we won’t let you be erased.”
This proposal is the latest in the Trump administration’s attempts to revoke the rights of the transgender community. Former General Attorney Jeff Sessions overturned a guidance that stopped employment discrimination against transgender workers. President Trump also attempted to ban transgender individuals from serving in the military, but was blocked by a federal court. Moran criticized the administration’s actions, “The role of the government is to provide for its citizens, not ostracize them.” Moran also noted that Common Ground is planning to celebrate Transgender Day of Remembrance on Nov. 20, a day used to remember transgender people who have been murdered or otherwise affected by transphobia.
“I think it’s a great day for us to reach out to the transgender community and let them know we’re there for them,” Moran says, “We can’t entirely control what happens outside of Dominican, but we can make sure they have a voice in this community.”
Another member of Common Ground, Nayla Colon, voiced her reaction to the news,“I wasn’t just upset, I was infuriated.” After substantial progress was made for transgender rights under the Obama administration, Colon noted that this policy would be another step backwards for the transgender community. “It’s like the strides that we have made are just going to go out the window.”
The Trump administration said that the Department of Health and Human Services is prepared to bring this definition to the Department of Justice by the end of the year. Based on the Department of Justice’s decision, the definition could be adopted and enforced across official government departments. Colon expressed that despite the many actions the Trump administration has taken to erase or harm LGBTQ people, the community remains strong. “We are still here and we will always be here, regardless of what happens.”
mmedina@my.dom.edu
