- Mission is redefining transgender.
Officials want to changethe definition of gender
to a biological conditiondetermined at birth
as either male or female.
The New York Times reports
the Department of Healthand Human Services
is leading an effort to establish
a legal definition of sex under Title IX.
Under it, a person's gender
could not be changed once it was defined
by the genitalia he or she is born with.
Joining us now with moreon this is Jenna Ellis.
She is the constitutional law attorney
and the Director of Public Policy
with the James Dobson Family Institute.
So, Jenna, how does thisaffect future Title IX cases?
- Well, this isn't reallythe Trump administration
redefining so much as going back
to pre-Obama era regulations and policy.
So, this is a very good thing for America,
and the faith-based communityshould be encouraged
because what the HHS memo isessentially attempting to do
is to go back to thatpre-Obama era regulation
that says that gender-baseddiscrimination,
when we're talking about thatand the term sex specifically,
is just talking about male versus female,
it wouldn't include transgender,
sexual orientation orgender identity language,
which is properly excludedfrom the definition of sex,
so hopefully, moving forward,
not only will this be a good thing
to establish a consistent definition
within the Trump administration,
but it should encourage Congress
that we really need tohave them act on this
to provide a legal definition
to make sure that thoseTitle IX cases are clarified.
- Why is it important
for the Department ofHealth and Human Services
to have a clear-cut definition of sex?
- Because they deal with these types
of regulations quite frequently
and I think that it's notonly important for HHS,
but it's also going to be important
for any time of executive agency,
as well as the Supreme Court,
to have a clear understandingof what Congress meant by sex
when they originally established Title IX.
And so, this is an ongoingconversation in American policy,
and certainly in thesocial agenda circles,
where the LGBT community is attempting
to shoehorn these othertypes of identities,
and really fictitious identities
that go against biological science,
into Title IX and intothe definition of sex.
And so, for the Trumpadministration to stand firm,
to say that sex-based discrimination
really is only a gender-based,biologically male and female,
is not only consistent with science,
but it's consistent withthe traditional definition
that we've had as a country,
and understood as a country,throughout our history.
- Some see this law as discriminatory
towards transgender people.
What are your thoughts on that?
- Well, this is just basicallygoing along with science,
and so for the LGBTcommunity to attempt, again,
to try to create certainrights that are not present
within sex-based discrimination,
they're attempting to drawa distinctly protected class
that really should not properly,
or scientifically, or biologically,
fall under the definitionof sex-based discrimination,
and so, we can certainlyhave those conversations,
but again, Congress has never passed a law
that has recognized thatthose types of categories,
sexual orientation or gender identity,
is part of the definition of sex
when we're talking about discrimination.
And so what they shouldproperly do, is go to Congress,
but they know, and the left knows,
that they can't get that through Congress,
so they've been attempting to do this
through the Supreme Court,
through other policies inthe Executive branches,
and they were relatively successful
under the Obama administration,
so for the Trump administration
to take this very clear stand
is very encouraging,
not only to the JamesDobson Family Institute,
but I think with all ofour faith-based partners.
- All right, Jenna, thankyou so much for your time.