These excerpts from a recently released paper entitled Hormone troubles: Feminist analyses of contemporary neurosciences  (doi: 10.1177/0306312713488843 Social Studies of Science October 2013 vol. 43 no. 5 780-791) represent several ways that sexist bias continues to undermine scientific research and analysis about the brain. One of the biggest problems is continued reliance on untested and unproven assumptions about causation between brain structure and […]

A lot of people think gender is really cool. They might celebrate gender “diversity.” Or they might believe that legal protection for “gender identity” and “gender expression” is a fundamental human right because it is a shortcut for deconstructing sex stereotypes–it’s not. But at the very least, most people view gender as neutral. Harmless, really. […]

I made this excel spreadsheet of “gender identity” anti-discrimination legislation almost a year ago.  I have hesitated to share it on the internet because there are surely errors (in the weblinks and citations if nothing else) and because IT SHOULD NOT BE RELIED UPON FOR LEGAL RESEARCH. But still, it’s pretty sweet and helps frame […]

Delaware joined 16 other US states this week by passing anti-discrimination protections for “gender identity.” The good news is that some reasonable limitations were added by eleventh hour amendment to the legislation. The central problem with “gender identity” legislation is still implicated by the definition itself because it directly overrides sex and is self-referential (gender is gender). Let’s take […]

Sex discrimination demands particular kinds of behavior from one sex, but prohibits the same behavior from the other sex.[i] For example, wearing dresses is ok, but only for females; engaging in sexual relations with females is ok, but only for males. Legal prohibition against sex discrimination encompasses the social policing of both homosexuality[ii] and sex-role (or gender) […]

This is an excerpt of Sue Landsittel’s article Strange Bedfellows? Sex, Religion, and Transgender Identity Under Title VII, 104 NW. U. L. REV. 1147 (2010). The full article can be read here. ____________________________________________________ IV. TALKING ABOUT “SEX” LIKE RELIGION Cases like Smith and Schroer demonstrate that courts are beginning to read Title VII in a more transgender-protective way. In doing so, […]

Popular progressive political discourse, fueled by the sloppy legal strategy of LGBT organizations, insists that adding “gender identity” to existing anti-discrimination statutes by legislative amendment is an urgent and necessary legal protection for transgendered and other gender non-conforming people. In fact, however, judicial interpretation of Sex discrimination law already prohibits gender-related sex-stereotyping. More than being benignly redundant, the current […]