by Family Research Council
January 9, 2017
We are highlighting the top 20 ways that the Trump administration can address values issues in the first 100 days through administrative and agency actions in order to repair some of the damage that the Obama administration has inflicted on the dignity of life, natural marriage, and religious liberty.
Action #14 - Rescind Regulations Redefining Sex to Include Sexual Orientation and Gender Identity
The Obama administration issued regulations redefining sex to include sexual orientation and gender identity for multiple agencies. These redefinitions have far-reaching implications for homeless shelters that received funding from the Department of Housing and Urban Development, renters of facilities managed by the General Services Administration, medical care providers, and private employers.
For example, the Department of Health and Human Services issued the May 18, 2016, “Nondiscrimination in Health Programs and Activities,” that defined “on the basis of sex” in Section 1557 of the Obamacare law to include “termination of pregnancy or recovery therefrom” and “gender identity.” The rule states that it is discriminatory for a covered entity to deny or limit coverage “or impose additional cost sharing or other limitations or restrictions on coverage, for any health services that are ordinarily or exclusively available to individuals of one sex, to a transgender individual.” It also prohibits covered entities from categorically excluding gender transitions from coverage, and from denying or limiting coverage or imposing additional costs for specific health services related to gender transition if such denial, limitation, or restriction results in discrimination against a transgender individual.
Similarly, the Equal Employment Opportunity Commission issued a resource guide addressing sexual orientation and gender identity in employment, in June of 2015, which prohibits private employers from taking sexual orientation and gender identity into consideration in the hiring and termination of employees. All of these regulations should be rescinded.