The Obama administration, however, does not believe an unborn child has a sex -- even when a doctor sees indisputable physical evidence.
Obama's Office of Personnel Management has published what it calls "Guidance Regarding the Employment of Transgender Individuals in the Workplace." This document speaks of "sex" as something a person has "assigned" to them only after they make it through the birth canal.
"Transgender individuals are people with a gender identity that is different from the sex assigned to them at birth," says the guidance. "Someone who was assigned the male sex at birth but who identifies as female is a transgender woman. Likewise, a person assigned the female sex at birth but who identifies as male is a transgender man."
OPM discretely expresses its theory in the passive voice. It does not blame the mom or the dad for insensitively exclaiming, without any qualification: It's a boy!
But OPM's guidance does allow qualifications for federal workers. "Some individuals will find it necessary to transition from living and working as one gender to another," says OPM.
The guidelines say the last phase in this transition is called "real life experience." "As the name suggests, the real life experience is designed to allow the transgender individual to experience living full-time in the gender role to which he or she is transitioning," say the guidelines. "Completion of at least one year of the real life experience is required prior to an individual's being deemed eligible for gender reassignment surgery."
The guidelines call for the government to take certain steps to accommodate a federal worker going through a transition.
This can involve educating co-workers. "If it would be helpful and appropriate, employing agencies may have a trainer or presenter meet with employees to answer general questions regarding gender identity," say the guidelines.
It means allowing the person to dress differently. "Once an employee has informed management that he or she is transitioning," say the guidelines, "the employee will begin wearing the clothes associated with the gender to which the person is transitioning."
It means having co-workers use gender-correct terminology. "Managers, supervisors, and co-workers should use the name and pronouns appropriate to the employee's new gender," say the guidelines.
Then there is the point in the guidance governing restrooms and locker rooms.