#WontBeErased is Twitter’s response to Trump’s proposed anti-trans policies

Saul Bowman
October 23, 2018

The agency's proposed definition would define sex as either male or female, unchangeable, and determined by the genitals that a person is born with, according to a draft reviewed by the Times.

According to the memo seen by the NYT, the HHS proposes that "Sex means a person's status as male or female based on immutable biological traits identifiable by or before birth".

The new law would effectively eradicate the identities of 1.4 million Americans who identify as transgender or somewhere on the gender spectrum, regardless of what steps they had taken to affirm those identities, such as hormone therapy or affirmative surgery. President Trump has tried to place restrictions on transgender people serving in the military, but these have been overturned by two United States district courts.

Among her concerns: Health plans would be less likely to pay for gender-affirming surgeries, hormone replacement could cost substantially more, and it would be harder to get documents affirming a person's new gender - documents that can be helpful in preserving privacy after a gender change and preventing discrimination and violence.

A spokeswoman for the Department of Health and Human Services (HHS) declined to comment on what she called "allegedly leaked documents" but cited a ruling by a conservative USA district judge as a guide to transgender policy. In a legal memo presented to the administration, a coalition of civil rights groups wrote: "The overwhelming majority of courts to address the question since the most relevant Supreme Court precedent in 1998 have held that anti-transgender bias constitutes sex discrimination under federal laws like Title IX".


Without delay, Congress should pass the Equality Act, which would amend federal legislation including the Civil Rights Act, Title VII, Title IX, and the Affordable Care Act to explicitly provide protection against discrimination on the basis of "sex" to explicitly include "sexual orientation and gender identity".

One key figure at the head of this effort is Roger Severino, the director of the Office for Civil Rights at HHS. If enacted, it also would do away with a series of moves by the Obama administration to recognize a person's gender as an individual's choice and not determined by their sex assigned at birth.

Conservatives, especially evangelical Christians, rose up against various Obama-era initiatives, including a national campaign to allow people to choose public restrooms or dormitory housing, for example, based on their stated gender.

Medical science seeking to explain what makes people transgender is in its infancy.

Assembling in front of the White House on Monday, members of the LGBTQ community and their allies gathered to deliver a clear message to President Donald Trump: transgender people "Won't Be Erased".

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