Junior James Shoptaugh writes about the possible changes to transgender rights under the Trump administration

On Oct. 21, the New York Times revealed the Trump administration’s plan to define gender as unchangeable and based on a person’s genitalia at birth. This will disproportionately affect transgender people who don’t identify with the gender they were assigned at birth. If Title IX uses this narrow definition of gender, transgender people will no longer be protected from discrimination on the basis of their gender. The administration’s current plan would require genetic testing to verify gender, even though there is a scientific consensus that gender is not binary. Intersex individuals are born with sex characteristics which do not fit neatly into ‘male’ or ‘female’ categories. There are as many intersex people as there are red-haired people, according to the USA Today website. Trump’s memo would essentially legally define transgender and intersex people out of existence.

Trump has been militant towards transgender people since taking office. In July of 2017 he attempted to ban transgender people from the military, but this was quickly stopped. The definition of gender was broadened under the Obama administration, allowing individuals to self-identify their gender. Obama also issued a directive allowing transgender students to use bathroom facilities that match their gender identity at school. Shortly after Trump took office he annulled this directive. The Department of Health and Human Services has now claimed that Obama “wrongfully [extended] civil rights protections to people who should not have them,” according to the New York Times. Redefining gender will exclude the 1.4 million Americans who identify as transgender from civil rights protections.

The memo is generating huge backlash, sparking the viral hashtag #WontBeErased on Twitter. Getting rid of transgender people’s protections is dangerous, especially for LGBT youth who already face harassment in school. This change in definition will create a hostile environment which will eliminate legally-mandated support systems for LGBT youth.

Transgender people already face large hurdles in their everyday life. A lack of legal protections allows for widespread employment and housing discrimination. Many doctors refuse to see transgender patients, and many gender-affirming procedures are not covered by healthcare. According to the American Foundation for Suicide Prevention, 41% of transgender people have attempted suicide.

The Human Rights Campaign reported that 29 transgender people were killed in 2017 by hate crimes, and 22 trans people have been killed in 2018 so far. Transgender women of color are disproportionately at risk for violence. A report by the Inter-American Commission on Human Rights concluded that the average life expectancy for trans women in the Western Hemisphere is between 30 and 35 years of age. It is glaringly clear that transgender people need to be protected by law against discrimination.

You can make a difference by contacting your representatives. Start by using this script written by Twitter user @eevewing: “In the wake of the recent Health & Human Services memo threatening to strip rights from trans people, what legislation will you introduce or support to protect them in [your state].” The best way to dispel ignorance is by educating your friends and family about transgender people. Transgender people deserve civil rights protections. Trans rights are human rights!

James Shoptaugh 

Class of 2020