The Trump administration may be considering redefining gender as an unchangable condition determined solely by a person's biology, according to a leaked memo draft obtained by The New York Times.
The U.S. Department of Health and Human Services argued in the drafted memo, which has not been seen by NBC News, that the government needs to adopt a uniformed definition of gender “on a biological basis that is clear, grounded in science, objective and administrable,” the Times reported.
If enacted as written in the memo, the legal definition of sex under Title IX, which prevents gender discrimination, would be determined as male or female based on the genitals a person was born with as listed on the person's birth certificate. Disputes would have to be settled using genetic testing, according to the Times.
Lambda Legal, a national legal organization advocating for LGBTQ rights, wrote, "Transgender folks: You are valid. You matter. You are loved. We will not stop fighting for your rights and you #WontBeErased by this heartless administration. #TransRightsAreHumanRights."
“We do not comment on alleged leaked documents,” a Health and Human Services spokesperson said in response to the Times story, NBC News reported.