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ADF: HHS upholds federal law by affirming longstanding definition of 'sex'

Friday, May 24, 2019
The following quote may be attributed to Alliance Defending Freedom Legal Counsel Kellie Fiedorek regarding the U.S. Department of Health and Human Services’ proposed rule announced Friday that would apply the plain meaning of the word “sex” to Section 1557 of the Affordable Care Act and ensure that its regulations—including regulations applying Title IX, which was designed to protect women—are enforced consistent with its ordinary meaning:

“Congress has consistently used the word ‘sex’ in laws like Title VII, Title IX, and the Affordable Care Act to mean a person’s biological sex as male or female. The Trump administration is right to issue a proposed rule that affirms the government’s longstanding interpretation of ‘sex.’ Replacing the objective concept of sex with subjective gender identity, as some courts and the prior administrative have tried to do, has far-reaching consequences, including for women’s sports, school locker rooms, and homeless women’s shelters. Confirming the clear meaning of sex as grounded in human biology ensures that women will continue to have equal opportunities in sports, school, and work, and it protects the privacy rights of all Americans.”

Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.
 
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ABOUT Kellie Fiedorek

Kellie Fiedorek serves as senior counsel with Alliance Defending Freedom, where she is a member of the Strategic Affairs Team. Since joining ADF in 2012, Fiedorek has defended religious liberty, marriage, and the family against legal attacks. She has authored federal and state legislation, and advised members of Congress, governors, state attorneys general, state legislators, and policy organizations on how to preserve First Amendment freedoms. She has also litigated constitutional cases defending citizens’ freedom to live and work according to their conscience. Fiedorek earned her J.D. from Ave Maria School of Law in 2009. Before graduating from law school, she completed the Alliance Defending Freedom leadership development program to become a Blackstone Fellow in 2008. She is admitted to the bar in Florida, the District of Columbia, the U.S. Supreme Court, and multiple federal appellate courts.