Comment on FR Doc # 2026-08932
Anonymous AnonymousOpposeIndividual
Summary: The commenter opposes the ATF's request for biological sex information on forms, arguing that it is inefficient, potentially unconstitutional, and fails to account for intersex individuals or medical complexities. They suggest that identification should be based on public presentation rather than immutable biological classifications.
In order to justify the "sex" information request, it is important to state your reason for requiring the information. Assuming that the reason is not discriminatory in nature only leaves the purpose of requiring the information for "identification" purposes.
To that end, requesting "an individual's immutable biological classification as either male or female" is inefficient, ineffective, and quite possibly a 4th Amendment violation.
Modern medical advances and individual freedom to dress and express as desired make it more likely to identify a person based on how they present themselves and identify themselves to the public, as opposed to what is on a piece of paper or hidden in their pants.
Do you foresee ATF agents groping individuals genitals to determine if the genitals match the paperwork? Or do you foresee ATF unconstitutionally requiring medical documentation of the individuals "chromosomal sex"?
How does your data collection account for persons who are born intersex, or born with disorders of sex determination (DSD) such as Klinefelter syndrome, Turner syndrome, and many others? How does your system account for persons with atypical androgen production or inadequate androgen response, which can cause incomplete masculinization in XY males?
So I re-state that your data collection is either meant to be an unconstitutional means of discrimination, or else your data collection needs to be revised to be actually effective in a lawful purpose.