The fight for transgender rights is ongoing in America. It's something most people are just starting to pay attention to. However, with any new movement, there comes its own set of challenges. It's these challenges that are now very present within the transgender rights movement. The current political administration in America isn't helping to ease the challenges, they're contributing to them.
Last week, The New York Times published a story containing a leaked memo from the Department of Health and Human Services. The memo urged key government agencies to define gender as determined "on a biological basis that is clear, grounded in science, objective and administrable." It would define gender based on the genitals a person was born with. Genetic testing would be required to clarify any dispute regarding one's sex.
This understandably caused a lot of fear and anger within the trans community, as well as its allies. However, this memo (if approved) wouldn't necessarily strip trans people of their rights. Sex discrimination is barred by employers, schools, landlords, and health care providers under federal civil rights laws. These laws include Title VII, Title IX, and the Affordable Care Act. State laws have agreed that sex discrimination covers transgender people dating back to the 1970s.
For example, trans people will still be able to change their birth certificate. Individual states allow transgender people to legally change documents of that nature. Federal courts must abide by each state's individual laws. So the Trump administration isn't in a position to strip trans people of their rights.
The proposal to change the legal definition, however, is still a blatant act of transphobia. It feels like an attempt to legally control how transgender people should refer to themselves. Transphobia is something that both confuses and angers me. It arises some anger in me because I don't see why this is so important to cisgender people.
As a cisgender person myself, I don't claim to have a perfect understanding of being transgender. Especially since so many trans people have different stories, ideas, and opinions. However, it does make me go back to my days in high school. At the time, marriage equality was still not legal across the United States. It would take another ten years before it finally happened. I heard lots of people who spoke out in favor of marriage equality say, "If you don't agree with same-sex marriage, then don't marry somebody of the same sex."
This really resonated with me. Why were people getting so upset and fired up over something that had no effect on them? Why did they feel legalizing same-sex marriage was an attack on them? How was this legal change going to harm them?
I feel the same way when I think about the current arguments over transgender rights. I don't think allowing transgender people to use the bathroom of their choice will lead to more predators in public restrooms. As if the non-existence of a transgender bathroom law was going to stop someone who wanted to break the law in the first place. I don't see how transgender soldiers are a nuisance to the military. As if there hasn't already been a ton of successful transgender service members.
However, for the most part, it seems to be less about specific issues and more about their very existence. People seem so passionate about how other people should refer to their gender identity. How does this affect you in any way? I seriously implore those who feel strongly about this issue to ask themselves that question. I think you all might be surprised by the answer.