You would do well to remember just how fluid is gender …
— “Second Wave Goodbye,” War On Women
According to the New York Times, the Trump administration is poised to wage war on transgender rights.
The Trump administration is considering narrowly defining gender as a biological, immutable condition determined by genitalia at birth … .The Department of Health and Human Services … argued in its memo that key government agencies needed 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 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. Any dispute about one’s sex would have to be clarified using genetic testing.
First and foremost, the courts can continue to define “sex” in Title VII and other civil rights laws to include LGBTQ rights. Most federal courts that have examined the issue have concluded that Title VII’s definition of sex covers LGBTQ discrimination.
Second, Congress could get off its collective duff and finally amend our civil rights laws and elevate LGBTQ rights along side race, sex, and all of the other protected classes.
Finally, we as a society can ignore all of this legal mumbo-jumbo and just do the right thing. I’ve said it before, and I’m going to keep saying it until the law says I don’t have to say it anymore.