Trump administration could rollback transgender protections and initiatives from Obama era

All Gender Restroom at San Diego Airport next to a women's restroom sign

Trump administration could rollback transgender protections and initiatives from Obama era

According to NYT, this move by the Department of Health and Human Services would deny 1.4 million Americans their federal recognition and protection.

DHS has been arguing that "sex" doesn't include gender identity over the previous year, and has, according to the Times, felt that the "lack of clarity" caused by inclusive Obama-era rules "wrongfully extend civil rights protections to people who should not have them".

The Trump administration would eliminate the more "fluid" definitions in favor of a strict understanding of how to determine someone's sex or gender: it would simply be "a person's status as male or female based on immutable biological traits identifiable by or before birth".

The Obama administration recognized transgender people under Education Department's Officer for Civil Rights director Catherine Lhamon, who rejects the proposal, which "quite simply negates the humanity of people", she told the Times.

The ACLU will fight back against any efforts to use transgender people as political pawns and continue to seek full equality for transgender and nonbinary people.

The definition is integral to two proposed rules now under review at the White House: one from the Education Department deals with complaints of sex discrimination at schools and colleges receiving federal financial assistance; the other, from health and human services, deals with health programs and activities that receive federal funds or subsidies. "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".

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The report alleges that the department argues the current lack of clarity allowed civil rights protections to be wrongfully extended to some individuals during the Obama administration.

For the past year, the Department of Health and Human Services has privately argued that the term "sex" was never meant to include gender identity or even homosexuality, and that the lack of clarity allowed the Obama administration to wrongfully extend civil rights protections to people who should not have them. Trump might not recognize transgender people, but Twitter activists and allies will.

The Department of Health and Human Services told USA media it will not comment on alleged document leaks.

The report has generated an angry response from some people in and outside of the United States, including swathes of the LGBTQ community.

A rally outside the White House is being organized for Monday morning, and protesters gathered Sunday evening in New York's Washington Square Park. "#TransRightsAreHumanRights", the organization tweeted Sunday.

Human Rights Campaign, one of the country's leading LGBTQ rights groups, said the change would set a "destructive precedent".

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