Gender Proposal Causes Uproar
As White House Weighs Change Of Definition, A Look At What It Would Mean In Connecticut
The Trump administration is weighing a proposal to strip transgender people of official recognition, according to a draft memo obtained by The New York Times.
What are the specifics?
Details are hard to come by and the administration has declined to comment. But the Department of Health and Human Services memo outlines a new interpretation of Title IX, the federal civil rights law that bans sex discrimination in federally funded schools. Under the proposal, gender would be “as either male or female, unchangeable, and determined by the genitals that a person is born with.”
Should HHS adopt the policy change, other federal departments, including labor and education, would likely follow suit.
In effect, the proposal would eliminate federal civil rights protections for transgender individuals. Specifically, it would roll back anti-discrimination policies and other legal provisions enacted during the Obama administration, such as a policy protecting transgender students’ rights to use the bathrooms that correspond with their
gender identity.
What’s the reaction?
Civil rights advocates have denounced the proposal. Jennifer L. Levi, director of the Transgender Rights Project at GLBTQ Legal Advocates & Defenders, a Bostonbased education and advocacy group that
works in New England and nationally, said the administration’s lack of candor makes it difficult to assess the proposed policy change.
But, she added, “to deny protections for transgender people under federal law … would be a terrible thing.’’
Doesn’t Connecticut have civil rights protections for transgender individuals?
Yes. Gov. Dannel P. Malloy signed legislation in 2011 that prohibits discrimination in public and private employment, housing, public accommodations and credit based on gender identity and expression.
In 2015, Connecticut passed a law permitting people to change the gender designation on their birth certificates and driver’s licenses even if they have not undergone gender reassignment surgery, as long as they obtained a notarized statement from a physi- cian, psychologist or advanced practice registered nurse. The criteria for an updated birth certificate could include “surgical, hormonal, or other treatment appropriate to the individual for the purpose of gender transition.”
Supporters say the Connecticut law reflects a new understanding of transgender rights. Many transgender people opt not to have surgery for medical, financial or other reasons. Advocates said it has saved transgender individuals the awkwardness and potential stigma of having to explain to an employer why the gender listed on their birth certificate does not mesh with the identity they now project.
“Connecticut has some of the strongest laws in the country and has led the way,’’ said Sen. Mae Flexer, D-Killingly. “We’re not going to go backward just because that’s what the Trump administration is trying to do.’’
Would Connecticut’s laws remain in place even if the federal policy changes?
Yes, with a caveat. Connecticut’s state-level protections will remain on the books, regardless of an administrative change at the federal level. The Trump administration cannot require Connecticut to repeal or scale back its non-discrimination laws.
However, transgender civil rights advocates say institutions that rely on federal funding, such as universities and hospitals, could face a loss of federal funds if the change is adopted and they opt not to comply.
Will state officials sue to stop the policy from being enacted?
An administrative change requires several steps before taking effect, including a period of public comment.
Perry Rowthorn, the chief deputy attorney general of Connecticut, said the office is watching to see what happens. “We are concerned about what look to be preparations to roll back transgender rights and legal protections,’’ he said. “We will continue to monitor and determine if there are legal steps that can be taken to challenge [this.]”