RALEIGH, N.C. -- The legal definition of "male" and "female" could soon be changing according to a memo from the Department of Health and Human Services.

  • A memo from DHHS suggests one's biological genitalia at birth would determine gender and remain unchanged
  • LGBTQ advocates believe if the definition changes, it would erase the identity of persons who identify as a gender other than the one they were assigned at birth
  • The definition of gender under the Obama administration recognized gender as decided by each person, not based on biology at birth

The New York Times reports a memo from DHHS suggests one's biological genitalia at birth would determine gender and remain unchanged. 

"The Trump administration is attempting to bring back the sanity in this situation by clarifying the definition of sex to mean either a man or a woman as determined by biology and genitalia," said executive director of NC Values Coalition Tami Fitzgerald.

However advocates for the LGBTQ community say it's not that simple. They believe if the change in definition goes forward, it would erase the identity of persons who identify as a gender other than the one they were assigned at birth. 

"This one would be another heartless and extremist attempt to put science and medicine and the law to the side in order for the Trump administration to forward their own dogma," said Ames Simmons, Policy Director at Equality NC. 

The definition of gender under the Obama administration recognized gender as decided by each person, not based on biology at birth. 

Those who are in favor of a more stringent definition say they hope the new proposed change in legal definition happens soon. 

"Those things are fixed before birth," Fitzgerald said. "They are determined at birth based on looking at the baby so this is not any type of attack on trans people. This is an attempt to clarify what the law means."

LGBTQ advocates continue to say this proposed change is not only unnecessary, but will cause harm. 

"We will do everything we can, as we have in the past, to secure full rights, as well as health and safety, and equity for every transgender person," Simmons said. "We have fought this before and we are a strong and resilient community and we are not giving up."