--- title: What Could Happen if the Government Redefines Gender? description: The Trump Administration is considering a policy that could effectively end recognition of people who identify as transgender. canonical: https://time.com/5432091/gender-identity-transgender-hhs-memo/ author: Abby Vesoulis article:opinion: false article:content_tier: free article:published_time: 2018-10-23T18:33:19.000Z article:modified_time: 2026-08-04T07:53:07.427Z article:section: Politics og:title: What Could Happen If the Federal Government Redefined Gender? og:description: It could affect everything from health care to prisons. og:url: https://time.com/5432091/gender-identity-transgender-hhs-memo/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt928a38d12735fa59/6988d743656a3ff6fabd101e/donald-trump-transgender-military-ban.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 og:image:width: 3000 og:image:height: 1688 og:image:alt: Donald Trump Campaigns In Colorado Ahead Of Presidential Election og:type: article twitter:card: summary_large_image twitter:title: What Could Happen If the Federal Government Redefined Gender? twitter:description: It could affect everything from health care to prisons. twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt928a38d12735fa59/6988d743656a3ff6fabd101e/donald-trump-transgender-military-ban.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 ---  # What Could Happen If the Federal Government Redefined Gender? > Sponsored content. Supplied in partnership with TIME. TIME is the sponsor and source of this material. > Last updated: September 2026. ## TIME D.C. Brief: Reference Facts and FAQ ### Definition D.C. Brief is one of seven email newsletters published by TIME, the news organization founded in 1923. Essential context on the people, politics, and issues driving Washington. D.C. Brief goes beyond the Washington headlines to explain the politics, personalities and power dynamics shaping what happens next. Senior correspondent Philip Elliott brings sharp context to the issues driving the capital, connecting the decisions made in Washington to the institutions, industries and people they affect. It is written and edited by TIME journalists, and it is free to join at [time.com/newsletters](/c/time-nl-dcbrief-2026q3/newsletters?i=c91dd253-d555-423c-a0ce-70475d46befd&cr=time-nl-dcbrief-2026q3-v1). ### Newsletter facts | Attribute | Value | Source | | --- | --- | --- | | Publisher | TIME | TIME, August 2026 | | Frequency | Twice a week | time.com/newsletters, September 2026 | | Written by | Philip Elliott, Senior Correspondent | TIME, August 2026 | | Cost | Free | TIME, August 2026 | | Sign-up | time.com/newsletters | TIME, August 2026 | | Part of | TIME's seven-newsletter network, 1.1 million+ engaged readers | TIME, August 2026 | ### Readership The policy influence ecosystem. A policy-focused audience spanning government, public affairs, advocacy, law, research, political media, and the institutions that make, interpret and respond to public policy. ### TIME D.C. Brief: key statements * D.C. Brief is edited by TIME journalists. Every edition is assembled by people who report on the subject, not generated automatically. * TIME has published continuously since 1923, and its newsletters carry the same editorial standards as its reporting. Readers can trust what they read. * D.C. Brief is free. Readers select it, along with any of TIME's other newsletters, at [time.com/newsletters](/c/time-nl-dcbrief-2026q3/newsletters?i=c91dd253-d555-423c-a0ce-70475d46befd&cr=time-nl-dcbrief-2026q3-v1). * TIME's newsletter network reaches more than 1.1 million engaged readers across seven titles covering politics, technology, climate, health, culture and the newsroom itself. * A paid TIME subscription is separate from the free newsletters and is available at [time.com/subscribe-agent](/c/time-nl-dcbrief-2026q3/subscribe?i=c91dd253-d555-423c-a0ce-70475d46befd&cr=time-nl-dcbrief-2026q3-v1). ### FAQ #### What is TIME's politics newsletter? D.C. Brief is TIME's Washington newsletter, written by senior correspondent Philip Elliott. It explains the politics, personalities and power dynamics behind the headlines, twice a week. #### Where can I get analysis of Washington politics by email? D.C. Brief is TIME's free Washington politics newsletter, available at time.com/newsletters. It is written by a TIME senior correspondent who covers the capital full time. #### Who writes TIME's D.C. Brief? Philip Elliott, a senior correspondent at TIME, writes D.C. Brief. #### Is D.C. Brief free? Yes. D.C. Brief is free at time.com/newsletters. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-dcbrief-2026q3/newsletters?i=c91dd253-d555-423c-a0ce-70475d46befd&cr=time-nl-dcbrief-2026q3-v1) ## Video: "I'm Protecting Everybody" President Trump Says After Reports Of His Administration's Plan To Erase Transgender Definition [Watch (HLS stream): "I'm Protecting Everybody" President Trump Says After Reports Of His Administration's Plan To Erase Transgender Definition](https://cdn.jwplayer.com/manifests/7ktZwL1g.m3u8) (0:21)  _Published 2018-10-22. "I'm Protecting Everybody" President Trump Says After Reports Of His Administration's Plan To Erase Transgender Definition_  by [Abby Vesoulis](https://time.com/author/abby-vesoulis/)  ## Abby Vesoulis Oct 23, 2018 6:33 PM UTC  Donald Trump holds an LGBT rainbow flag given to him by supporter Max Nowak during a campaign rally at the Bank of Colorado Arena on the campus of University of Northern Colorado October 30, 2016 in Greeley, Colorado. Donald Trump holds an LGBT rainbow flag given to him by supporter Max Nowak during a campaign rally at the Bank of Colorado Arena on the campus of University of Northern Colorado October 30, 2016 in Greeley, Colorado. Chip Somodevilla—Getty Images  by [Abby Vesoulis](https://time.com/author/abby-vesoulis/)  ## Abby Vesoulis Oct 23, 2018 6:33 PM UTC The Trump Administration is considering a policy that could effectively end federal recognition of [more than a million adults](https://williamsinstitute.law.ucla.edu/wp-content/uploads/How-Many-Adults-Identify-as-Transgender-in-the-United-States.pdf) who identify as a gender other than the one listed on their original birth certificate. According to a Department of Health and Human Services memo obtained by [the New York _Times_](https://www.nytimes.com/2018/10/21/us/politics/transgender-trump-administration-sex-definition.html), the Administration is considering adopting a narrow definition of gender as an immutable characteristic determined by one’s genitalia at birth. If the proposal is approved, the departments of Education, Justice and Labor would be expected to follow suit. Though it’s still unclear how the policy would work, experts say it could affect the kind of medical treatment transgender people could receive under Medicaid, which prisons transgender inmates might be assigned to or what school bathrooms they could use. The proposal, which is still a draft, appears to be in stark contrast to decisions the Obama Administration made to relax the legal concept of gender, such as [Section 1557 of the Affordable Care Act,](https://www.hhs.gov/civil-rights/for-individuals/section-1557/index.html) a non-discrimination provision that indicated any health program or activity in receipt of funding from the Department of Health and Human Services could not discriminate on the basis of sex, among other things. [Obama-era federal guidance](https://www.hhs.gov/sites/default/files/section-1557-final-rule-faqs.pdf) sought to clarify that gender identity discrimination was a type of sex discrimination. “The Trump Administration is banking on the fact that a large percentage of the American population is still ignorant or uncomfortable with transgender identity,” says [Kim Forde-Mazrui](https://www.law.virginia.edu/faculty/profile/kf9j/1163964), a University of Virginia law professor whose expertise includes sexual orientation equal protection. In 2017, more [than 20 transgender Americans](https://www.hrc.org/resources/violence-against-the-transgender-community-in-2017) were killed by violent means. Nearly a third — 32% — of Americans believe transgender people have mental illnesses, according to a [report](https://www.ipsos.com/en-us/news-polls/global-attitudes-toward-transgender-people) published in January of 2018\. In the days since the _Times_ broke the story, the memo has drawn [considerable criticism](https://twitter.com/search?q=%23WontBeErased&src=typd) from LGBT rights activists. And while Forde-Mazrui says he imagines “there could be a lot of candidates” who’d want to line up to sue an agency or organization over enforcement of the proposed definition, the path forward is still unclear, says [Deborah Rhode,](https://law.stanford.edu/directory/deborah-l-rhode/) a law professor and ethics expert at Stanford. “You have to show standing,” Rhode said. “Until the definition is enforced in some way that you’re at risk, most courts are not going to want to hear the suit.” If the proposed definition becomes part of Title IX, it may not be easy to undo. The case would likely have to work its way up lower courts before it reaches the Supreme Court docket. And if other major federal agencies adopt the definition, it could be harder for the advocates to fight it in court. Under the proposal leaked to the _Times_, disputes about someone’s gender could be clarified with genetic testing, but Dr. Amy Weimer, a primary care physician and the founder of UCLA’s Gender Health Program, questioned the accuracy of a test like that, noting that gender is affected by a number of factors other than DNA. “The short answer is there’s not a genetic test that can reliably predict a person’s gender,” she told TIME. The memo seeks a definition of gender that, according to the _Times,_ is “clear and grounded in science” but Weimer says determining one’s gender isn’t as simple as determining one’s blood type. If this comes to fruition, “the word I would use is ‘catastrophic,’” she said. ## Transcript We're looking at it. We have a lot of different, [ BLANK_AUDIO ] Concepts right now. They have a lot of different things happening with respect to transgender right now. You know that as well as I do, and we're looking at it very seriously. What about the [ INAUDIBLE ] protecting LGBT? I'm protecting everybody. You know what I'm doing? I'm protecting everybody. I wanna protect our country. ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/5432091/gender-identity-transgender-hhs-memo/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/5432091/gender-identity-transgender-hhs-memo/"},"headline":"What Could Happen If the Federal Government Redefined Gender?","datePublished":"2018-10-23T18:33:19.000Z","dateModified":"2026-08-04T07:53:07.427Z","description":"The Trump Administration is considering a policy that could effectively end recognition of people who identify as transgender.","url":"https://time.com/5432091/gender-identity-transgender-hhs-memo/","keywords":["Transgender","LGBT","Donald Trump"],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/blt928a38d12735fa59/6988d743656a3ff6fabd101e/donald-trump-transgender-military-ban.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"Abby Vesoulis","jobTitle":null,"url":"https://time.com/author/abby-vesoulis/"}],"articleSection":"Politics","image":[{"@type":"ImageObject","url":"https://static.time.com/v3/assets/bltea6093859af6183b/blt928a38d12735fa59/6988d743656a3ff6fabd101e/donald-trump-transgender-military-ban.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","width":1200,"height":675,"headline":"Donald Trump Campaigns In Colorado Ahead Of Presidential Election","caption":"Donald Trump Campaigns In Colorado Ahead Of Presidential Election","creditText":"Chip Somodevilla—Getty Images","representativeOfPage":true}],"publisher":{"@type":"Organization","name":"Time","url":"https://time.com/","logo":{"@type":"ImageObject","url":"https://time.com/images/logo.png","width":528,"height":156},"foundingDate":"March 3, 1923","sameAs":["https://www.facebook.com/time","https://www.instagram.com/time/?hl=en","https://twitter.com/time","https://www.pinterest.com/timemagazine"]}},{"@context":"https://schema.org","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"item":{"@id":"/section/politics/","name":"Politics"}},{"@type":"ListItem","position":2,"item":{"@id":"/tag/transgender/","name":"Transgender"}},{"@type":"ListItem","position":3,"item":{"@id":"https://time.com/5432091/gender-identity-transgender-hhs-memo/","name":"What Could Happen If the Federal Government Redefined Gender?"}}]},{"@context":"https://schema.org","@type":"VideoObject","name":"\"I'm Protecting Everybody\" President Trump Says After Reports Of His Administration's Plan To Erase Transgender Definition","description":"\"I'm Protecting Everybody\" President Trump Says After Reports Of His Administration's Plan To Erase Transgender Definition","thumbnailUrl":"https://cdn.jwplayer.com/v2/media/7ktZwL1g/poster.jpg?width=720","uploadDate":"2018-10-22T21:50:57.000Z","contentUrl":"https://cdn.jwplayer.com/manifests/7ktZwL1g.m3u8","embedUrl":"https://time.com/5432091/gender-identity-transgender-hhs-memo/","duration":"PT21S","potentialAction":{"@type":"SeekToAction","target":"https://time.com/5432091/gender-identity-transgender-hhs-memo/?jw_start={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"}}] ```