On Oct. 21, The New York Times reported that the Trump administration is considering defining gender as a biological condition determined by genitalia at birth. This would essentially make “transgender” a legally nonexistent category and make all Title IX cases involving transgender people impossible to bring forward. If the Justice Department approves this change, it will take effect at the end of this year. What changes could this new gender definition bring, and how should institutions such as Brandeis react to it? 

Prof. Sara Shostak (SOC)

The Department of Health and Human Services proposed legal definition of sex under Title IX claims to be scientific and objective, but it is not.  Scholarship in both the life sciences and the social sciences demonstrates that neither sex nor gender are strictly binary.  In my course, Sociology of the Body and Health, we learn about the profound harms that have been done to intersex individuals by attempts to force their bodies to conform to a binary system. Related, neither genitalia nor chromosomes determine an individual’s gender identity. Rather, gender identity exists on a spectrum and expresses a person’s felt sense of self.  The proposed definition denies the lived experience of millions of people and, by precluding access to Title IX protections, undermines their rights.  Given the clear associations between stigma, discrimination, and health, I fear that this policy would have devastating effects for both intersex and transgender individuals.  This moment calls us to act, both on campus and beyond. Vote; in Massachusetts - Yes on 3; write to your members of Congress and/or Secretary Alex M. Azar II. 

Prof. Keren McGinty (AMST) 

There are more than 1.4 million trans Americans. The Trump administration’s proposal for a new definition of gender as a biological condition determined by genitalia at birth would inaccurately suggest that transgender people do not exist in the United States. Not only would such a false definition dehumanize and endanger American lives, it would set the clock back on the very real progress that the LGBTQ movement has made over the past several decades. Transgender Americans deserve the same protection from discrimination under the law as cisgender Americans. I would like to see Brandeis go beyond a non-discrimination and harassment policy to issuing an explicit statement of support for students of all gender identities so that they are seen and valued. The Brandeis community is strengthened by the diversity on campus, including gender diversity, and no one should feel invisible.

Rube Bevan ’21

After reading the article, I was angry and deeply saddened but not shocked. I was not shocked, because I know what to expect from Trump and also because I know what to expect from America. This new legislation could essentially erase all federal protections for transgender and gender non-conforming people.  If we are discriminated against but have lost our Title IX protections, then we cannot expect to win a case against the discriminatory party. I think that Brandeis needs to introduce specific protections against discrimination for transgender students on campus. Therefore, if a student is discriminated against, they have a legal basis for protection against further discrimination. There are many other things that Brandeis could do. They could expand the availability of gender-neutral housing and gender-neutral bathrooms. They could provide more funding and support to the Gender and Sexuality Center, allowing for an expansion of programming and the hiring of more staff. These are just a few things that the administration could do to better support transgender and gender non-conforming students. Right now, what we need most is support.

Janis Li ’21

My first reaction to hearing about this news was that it was completely ridiculous. What good reason could our government have for unnecessarily redefining a term. In fact, it seems that the consideration of such a change serves more as an attack on a group of people rather than an attempt to solve a problem. Sex already defines the biological condition determined by genitalia at birth. If this change is implemented by the Justice Department, gender and sex will mean the same thing? Well, language isn’t frozen. Connotations and definitions grow according to how people perceive them. I hope that national institutions, including Brandeis, will reject this change and continue to use "gender" with its original definition/connotation. Despite how hard others try to make it for the transgender community, I have faith that those who care will always find a way to fight against this unfair treatment.