The New York Times revealed that the Trump administration has drafted a federal policy that defines sex as only male or female and set by genitals at birth. Activists now worry that trans and gender non-conforming people will face legal bias.
“I think this memo is another indication from this administration that they want to situate trans people outside the law,” stated ACLU staff attorney Chase Strangio. “They want to make us feel like we don’t have legal protections that we actually do have, and they want to send a message to the public that we don’t deserve legal protections.”
The Trump administration has opposed protections for the trans community in the past. In March, courts blocked Trump from banning trans people in the military and in February 2017, he rejected a position by the Obama administration letting students use the bathroom that matched their gender identity.
“When they started introducing bills to exclude trans people from public life, they defined biological sex as the sex on someone’s birth certificate,” Strangio said. “And then when trans people showed that they were able to change their birth certificates, the definition of biological sex changed to genitals. And then when trans people were able to say, look we’ve changed our genitals, they said, actually biological sex is chromosomes.”
The ACLU said trans and non-binary people will have to keep fighting against discriminatory laws.