In a reversal of federal policy that pleased marriage advocates and angered LGBTQI groups, the U.S. Department of Justice issued a memo interpreting the Civil Rights Act of 1964 as not intended to apply to transgenders.
Attorney General Jeff Sessions wrote to the country’s federal prosecutors that on “all pending and future matters” the DOJ will go by what Congress originally intended and not add unforeseen deviances when enforcing laws regarding equal treatment on the basis of “sex.”
At issue is the word “sex.” A section of the Civil Rights Act of 1964 criminalized discrimination based on “sex.” Gay activists say that now includes sexual orientation and transgenderism. Strict originalists say the writers of the law clearly intended “sex” to mean male and female.
Sessions defended his stand by saying it was a simple matter of the historical intent of legislators, and does not necessarily indicate a strategic change. The understanding is “a conclusion of law, not policy,” the memo read.
Sessions explained that the word “sex” in the 1964 law means “biologically male or female,” so that particular statute says nothing about “discrimination based on gender identity per se, including transgender status.”
Sessions went on to explain that the Obama administration overstepped its bounds in ascribing unimagined modern categories to a 52-year-old anti-discrimination law. Specifically, the former president officially interpreted civil rights legislation to include homosexuality and transgenderism.
The DOJ offered further assurances that it will enforce modern laws giving special protected class status to gays. Sessions’ memo noted that his department does not condone the mistreatment of anyone, including transgenders. “The Justice Department must and will continue to affirm the dignity of all people, including transgender individuals,” he wrote.
In the spring, the Trump DOJ rescinded the Obama administration’s threat to public schools to withhold federal funds unless they allowed transgender boys in the girls’ bathrooms.