The Department of Health and Human Services is considering establishing under Title IX a legal definition of gender as a biological condition determined by a person's genitalia at birth, The New York Times reports.
Title IX protects people from discrimination based on sex in education programs or activities that receive financial assistance from the federal government. The Times obtained a memo, written in the spring, that calls on several government agencies to adopt a single definition of gender "on a biological basis that is clear, grounded in science, objective, and administrable." In the memo, the department said the sex listed on a "person's birth certificate, as originally issued, shall constitute definitive proof of a person's sex unless rebutted by reliable genetic evidence."
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