Approximately 1 out of every 1,500 to 2,000 births have abnormal sex chromosomes other than the typical XX for females and XY for males. The most common of these is Klinefelter Syndrome, which means that a male has two X chromosomes in addition to a Y chromosome. Many men with Klinefelter Syndrome are unaware they have the condition.
In the United States, an estimated 1.4 million people identify as “transgender,” self-identifying as a gender other than the one recorded at birth. Some such people have undergone surgery or hormonal treatments to physically resemble their gender of self-identification.
Critics of the proposed changes have argued that they would exclude those identifying as “transgender” from protection by Title IX and other anti-discrimination measures. Supporters of the proposal contend that it merely ensures such laws are applied to the whole population based on objective criteria and not subjective self-identification.
The Department of Health and Human Services is expected to present a version of the new policy to the Department of Justice before the end of the year. If the Justice Department considers the revised definition legally viable and enforceable, HHS can then approve and implement it as policy across a range of government agencies involved with Title IX enforcement.