It is 2018, but there is still active political debate about how many genders are valid and if those who do not conform to a gender binary deserve federal acceptance and rights.
On Oct. 21, The New York Times reported the Trump administration is considering narrowly defining gender as a “biological, immutable condition determined by genitalia at birth.” The move is being proposed by the Department of Health and Human Services (DHHS), which also wants to institute DNA testing to confirm a person’s sex.
The DHHS has argued that former President Barack Obama’s loose definition of “sex” allowed him to wrong- fully extend civil rights protections. The DHHS said a more strict definition is needed for two proposed rules under review at the White House: one dealing with sex discrimination at schools, and another with health pro- grams and activities that receive fed- eral funds or subsidies.
The idea that there is any justifiable reason to strictly define sex in this way is ridiculous. This move will only serve to eliminate legal protections for people who identify as trans- gender or anything else other than male or female.
It is no wonder this has prompted the hashtag #WontBeErased to go viral on Twitter, as the move would roll back the recognition and protections of transgender people under federal civil rights law expanded during the Obama era. The LGBTQ+ community should not have to be worried about whether its members’ rights will be taken away, especially in this age where so much progress has been made and still needs to improve both federally and socially.
The last time transgender issues came up in public debate was over the use of bathrooms – that somehow, strictly defining sex would introduce some much-needed order and safety into society. In fact, the opposite is true; people in the LGBTQ+ community are facing unwarranted hostility for simply wanting to be treated the same legally and socially as those who are not part of the community.
There are more than two sexes, plain and simple. Even by pure biological definitions, people do not fall into male and female, as terms like inter- sex prove. Someone having a gender identity different than their assigned
sex does not harm anyone else, and any perceived harm is based on un- warranted fear, hatred and ignorance.
Allowing multiple gender identities under law is important for ensuring legal protection for individuals who do not identify with the gender binary and for helping make progress in societal acceptance. Just like how a teacher treats a student largely influences how students treat each other, the government’s level of acknowledgement and protection of the LGBTQ+ community tells society what is acceptable and justified.
If public discussion is ever going to shift away from the hateful elimination of additional gender identities, the government needs to extend protections. The Trump administration’s insistence to restrict and eliminate those protections, however, can only serve to worsen tensions in society over this issue – a conflict that should already be resolved by now.
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