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New controversy: Trump considers defining gender by genitalia at birth

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  • Tue, 10/23/2018 - 00:41
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  • EFE - Archivo

US Donald Trump administration is considering defining gender determined by genitalia at birth, which would roll back protections and recognitions for transsexuals under the federal civil rights law.

The Department of Health and Human Services is spearheading an effort to establish a legal definition for "sex" under Title IX of the civil rights law that bans gender discrimination in education programs that receive federal government financial assistance, according to a memo obtained by The New York Times.

The memo also states that the health agency seeks that all government agencies need to adopt an explicit and uniform definition of gender as determined "on a biological basis that is clear, grounded in science, objective and administrable."

The Department of Health proposes definition of "sex" as either female or male, unchangeable and determined by the genitals that a person is born with, according to a draft reviewed by the Times.

Any dispute about one’s sex would have to be clarified using a genetic testing, the memo also states.

The Times recalls that under the past administration of Democrat Barack Obama a series of decisions loosened the legal concept of gender in federal programs, including in education and health care, recognizing gender largely as an individual’s choice and not determined by sex assigned at birth.

The policy prompted fights over bathrooms, dormitories and other arenas where gender was once seen as a simple concept, adds the newspaper.

The new definition would essentially eradicate federal recognition of the estimated 1.4 million Americans who have opted to recognize themselves - surgically or otherwise-, as a gender other than the one they were born into.

The newspaper also indicates that this move would be the most significant of a series of maneuvers, large and small to exclude this population from civil rights protections and roll back the Obama Administration’s recognition of gender identity.

The Trump administration sought to ban transgender people from serving in the military.

San Juan mayor Carmen Y. Cruz criticized Trump's decision. "The decision taken by the Trump administration making trans people invisible is just another attempt to deny their basic human dignity. The laws, rules and regulations have been put in place to provide equality for each human being," Cruz said in a press release.

"No one can try to erase that reality. Even less can the lives of millions of trans people be erased. These are people who face discrimination and inequality every day and still fight to achieve the respect and equal protection under the law they deserve," she added.

Cruz's statements come after The New York Times published on Sunday that the federal Department of Health and Human Services is spearheading an effort to establish a legal definition for "sex" under Title IX of the civil rights law that bans gender discrimination in education programs that receive government financial assistance.

The memo also states that the health agency seeks that all government agencies adopt an explicit and uniform definition of gender as determined "on a biological basis that is clear, grounded in science, objective and administrable".

The Department of Health proposes definition of "sex" as either female or male, unchangeable and determined by the genitals that a person is born with, according to a draft reviewed by the Times.

The mayor highlighted that as a lawmaker, she pioneered the introduction of a bill to correct gender in the birth certificate of trans people in Puerto Rico.

Also, during her administration she created the first Health Clinic for trans people on the island.

Moreover, she established a non-discrimination policy for gender identity in the Municipality of San Juan.

"Trans people are not alone, in San Juan we have reaffirmed and will continue to reaffirm their rights and dignity. This attack by the Trump administration on transgender people is an attack on our common humanity. Therefore, we affirm, again and again, trans rights are human rights," she said.

Source-EFE

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