Revised definition of gender identity

The Federal Register for Friday, November 20, 2015 (Vol. 80, No. 224) included a new proposed rule:

HUD is proposing to amend the definition of gender identity in §5.100, which currently provides that ‘‘Gender identity means actual or perceived gender-related characteristics.’’ HUD has concluded that it would be more effective for purposes of ensuring equal access to HUD programs to separate the definitions of actual and perceived gender identity. The Department is therefore proposing to amend the definition of gender identity to read as follows: ‘‘Gender identity means the gender with which a person identifies, regardless of the sex assigned to that person at birth. Perceived gender identity means the gender with which a person is perceived to identify based on that person’s appearance, behavior, expression, other gender-related characteristics, or sex assigned to the individual at birth.’’ Perceived gender identity may differ from the identity with which a person identifies.