Jillian Weiss, a New York-based transgender civil rights attorney, said the Trump administration is “doing its best to engage the LGBTQ community in a game of whack-a-mole” after having lost its argument of a more expansive view of the definition of “sex” in the Bostock case.
In addition to limiting the definition of “sex” under the law as it pertains to transgender people in sex-segregated facilities, Weiss said the Trump administration is seeking to expand a religious right to discriminate against any protected category.
“The Supreme Court seems to be going along with regard to the religious right to discriminate, but it is not clear yet what will happen with the attempts to narrowly define “sex,’” Weiss said. “The meaning of the term ‘sex’ has changed greatly over time, and scientists have taken the broader view. Given that, I do not believe that the narrow definition of ‘sex’ is valid in interpreting anti-discrimination laws.”