Tag Archives: law

States protecting sex segregation and gender identity at the same time!

For the record, I am sharing an excerpt from the gender identity laws state chart that I posted on this site in 2013. These are states in which gender identity laws have already been passed, yet protection for sex-segregation is also explicitly allowed by statute. This differs from the recent DOJ interpretations of “sex” where […]

Direct replacement of ‘sex’ with ‘gender’ in U.S. passport and Social Security policies

FYI At the federal level, pro-gender lobbyists have been successful in changing both Social Security and United States passport policy. Instead of requiring a “sex change operation,” the new policies merely require a physician’s attestation of “appropriate clinical treatment” (social security) or “gender-related care” (passports) of any kind. Mere psychiatric treatment is acceptable, as if sex […]

(G)ENDA back up for a vote in the Senate

The Employment Non-Discrimination Act (ENDA) has been introduced to Congress numerous times, and is up for a Senate vote again, but has thus far failed to be enshrined in law. Currently, there is no federal employment protection for gay, lesbian, and trans-identified people: we can be fired simply for being homosexual or gender non-compliant. These […]

A disparate impact analysis of gender’s social liability

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. […]

CHART! “Gender Identity” laws by state: definitions, citations, contexts

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 joins MA and CT with “improper purpose” limitation on “gender identity” protections

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 as legal strategy

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) […]