Report: Betsy DeVos ‘Not Eager’ for Legal Definition of Sex Based on Biology

Oct 25, 2018 by

10.25.18 – Breitbart

“Report: Betsy DeVos ‘Not Eager’ for Legal Definition of Sex Based on Biology”

By Dr. Susan Berry

[COMMENTS BY DONNA GARNER:  What U. S. Sect. of Ed. Betsy DeVos needs to do is to bring her Agency into alignment with the U. S. Dept. of Health and Human Services and its definitions. This means that DeVos needs to make sure that Title IX abides by the original definition of “sex” as passed by Congress in 1972 – “male or female.” 

Without any vote by Congress, Obama on 10.26.10 arbitrarily changed the wording in Title IX from “male or female” to “gender identity.”  With that one change, Obama ushered in the entire LGBTQ movement which is now inundating our entire culture. Obama’s stroke of the pen has paved the way for the transgender bathroom debacle with boys in little girls’ dressing rooms, the assault of a five-year old kindergarten girl by a boy in her school bathroom, and the child abuse being practiced by those who advocate cross-sex hormones/puberty blockers/sex reassignment surgery.  

That said, I also understand that the Washington Post (from which Dr. Susan Berry quotes in her article) loves to hype the idea that there is complete disunity among Pres. Trump’s administration; and we know this is totally false based upon the many accomplishments being produced each day under this President.

What we as citizens must do, however, is to let our voices be heard at this critical time.  Please join me in letting Sect. Betsy DeVos and others in the Trump administration know that we want the entire federal government to stand together using the same uniform definition of gender.  I believe this should be the standard definition: 

Sex means a person’s status as male or female based on immutable, unchangeable biological traits identifiable by or before birth, determined by the genitals that a person is born with…any dispute about one’s sex would be clarified using genetic testing.

Sex would be based upon a biological basis that is clear, grounded in science, objective and administrable…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.



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TWITTER:  @BetsyDeVos



“Report: Betsy DeVos ‘Not Eager’ for Legal Definition of Sex Based on Biology”

By Dr. Susan Berry


Excerpts from this article:

…DeVos may be at odds with the Department of Health and Human Services (HHS) when it comes to defining sex as either male or female under Title IX, which prohibits sex discrimination.

Transgender ideology, promoted during the Obama administration, however, demands the federal government enforce rules that help people easily switch their legal sex, regardless of biology.

In a piece Wednesday, the Washington Post suggested divisiveness within the Trump administration over a potential decision to dismiss gender ideology when it comes to identifying individuals.

“[T]he Education Department, which implements civil rights law regarding sex discrimination in the nation’s schools and colleges, is not eager to follow HHS’s lead, and the Justice Department is deferring to HHS, according to administration officials,” reported the Post.

The report continued:

The Health and Human Services Department has been pushing for the change, a fresh and direct aim at transgender rights, hoping other departments embrace that approach for sweeping impact. But it is unclear whether there is support for the broader effort or whether the regulation would be issued at all, as some in the administration are pushing back.

It’s unclear what the Education Department’s specific concerns are, but for many years, Secretary Betsy DeVos has privately supported lesbian, gay, bisexual and transgender rights and has been reluctant to dial back their protections.

According to the Post report, President Donald Trump said his administration is “looking at” the issue.

“We have a lot of different concepts right now,” Trump reportedly said. “They have a lot of different things happening with respect to transgender right now. And we’re looking at it very seriously.”

When asked about protecting LGBT individuals, the president said, “You know what I’m doing? I’m protecting everybody.”

…Caitlin Oakley, national spokesperson and senior advisor to the office of the assistant secretary for public affairs at HHS, noted in a statement that the Obama administration’s “broad definition of ‘sex’ was enjoined [prohibited] by a federal court on a nationwide basis in December 2016 and the Obama administration did not appeal.”

Oakley added:

That court found that the Obama administration regulation was overbroad and inconsistent with the text of the 1972 Title IX law prohibiting discrimination on the basis of sex. The court order remains in full force and effect today and HHS is bound by it as we continue to review the issue.

In February 2017, DeVos released a statement asserting her department’s Office for Civil Rights “remains committed to investigating claims of discrimination, bullying, and harassment” against “vulnerable” LGBT students.

…“Everyone deserves to be treated with respect and HHS’s Office for Civil Rights will continue to vigorously enforce all laws as written and passed by Congress, prohibiting discrimination in healthcare on the basis of race, color, religion, national origin, sex, age, and disability,” Oakley said.

Addressing privacy and safety concerns, Heritage Foundation senior research fellow Ryan Anderson has urged Congress to clarify that “sex” does not mean “gender identity” with regard to interpretation of civil rights statutes.

“This would ensure that unelected bureaucrats and judges would not be allowed to reshape policy that affects women and girls,” he said in a statement.

Breitbart News reached out to the Education Department for comment but did not receive a reply.

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