Report: Trump administration wants a new legal definition of gender


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."
The Obama administration had loosened the legal concept of gender in federal programs, and if this legal definition proposed by the Trump administration is approved, an estimated 1.4 million Americans who identify as a gender other than the one they were born into may lose federal recognition.
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Roger Severino, the director of the Office for Civil Rights at the Department of Health and Human Services, would not answer questions from the Times about the memo. During the Obama administration, he was head of the DeVos Center for Religion and Civil Society at the Heritage Foundation, and was upset by the administration's expansion of sex to include gender identity, the Times reports.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Catherine Garcia has worked as a senior writer at The Week since 2014. Her writing and reporting have appeared in Entertainment Weekly, The New York Times, Wirecutter, NBC News and "The Book of Jezebel," among others. She's a graduate of the University of Redlands and the Columbia University Graduate School of Journalism.
-
Jaguar Land Rover’s cyber bailout
Talking Point Should the government do more to protect business from the ‘cyber shockwave’?
-
Russia: already at war with Europe?
Talking Point As Kremlin begins ‘cranking up attacks’ on Ukraine’s European allies, questions about future action remain unanswered
-
Crossword: October 5, 2025
The Week's daily crossword puzzle
-
Museum head ousted after Trump sword gift denial
Speed Read Todd Arrington, who led the Dwight D. Eisenhower Presidential Library and Museum, denied the Trump administration a sword from the collection as a gift for King Charles
-
Trump declares ‘armed conflict’ with drug cartels
speed read This provides a legal justification for recent lethal military strikes on three alleged drug trafficking boats
-
Supreme Court rules for Fed’s Cook in Trump feud
Speed Read Federal Reserve Governor Lisa Cook can remain in her role following Trump’s attempts to oust her
-
Judge rules Trump illegally targeted Gaza protesters
Speed Read The Trump administration’s push to arrest and deport international students for supporting Palestine is deemed illegal
-
Trump: US cities should be military ‘training grounds’
Speed Read In a hastily assembled summit, Trump said he wants the military to fight the ‘enemy within’ the US
-
US government shuts down amid health care standoff
Speed Read Democrats said they won’t vote for a deal that doesn’t renew Affordable Care Act health care subsidies
-
YouTube to pay Trump $22M over Jan. 6 expulsion
Speed Read The president accused the company of censorship following the suspension of accounts post-Capitol riot
-
Oregon sues to stop Trump military deployment
Speed Read The president wants to send the National Guard into Portland