HHS Redefines Sex As "Immutable" in New Guidance

The Department of Health and Human Services has issued new guidance on the definition of sex. It's one of Robert F. Kennedy Junior's first moves as HHS secretary.

Among the new definitions are that a male is someone who has "a reproductive system with the biological function of producing sperm."

It aligns with an executive order President Trump signed in January asking for clear guidance on sex-based definitions. Critics say it ignores the concept of gender -- which includes the behaviors, activities and attributes of people. They say it also alienates intersex people -- who are born with anatomy that doesn't fit the definition of male or female. That's problematic because HHS guidance influences how physicians treat patients. Up to two percent of the U.S. population is estimated to have been born intersex. Earlier this month, a judge issued a temporary restraining order related to the same executive order. It pertained to where transgender prisoners should be housed.