Tag Archives: public accommodations

Restatement of political position on “gender identity” laws in the USA

I opened this site in 2011 as an internet placeholder for an extremely controversial letter I had written with another lawyer. This letter, hereinafter referred to as the UN letter,[i] is about a legal trend in the United States towards the state level adoption of anti-discrimination laws designed to define and protect something called “gender identity.” We described […]

Gender legally replacing “sex” reaches new heights of absurdity in Utah

I hate to say I told you so, but….confusing sex with gender is back-firing. Big time. The Advocate has run a news story about some pretty outrageous legislation being proposed in Utah. Their primary concern seems to be that physical exams will be mandated for trans-identified students wishing to use the bathroom in accordance with […]

A Gender Critical Response to: A Statement of Trans-Inclusive Feminism and Womanism

This is my response to the reactionary and misguided “A Statement of Trans-Inclusive Feminism and Womanism” (The Statement) posted at FeministsFightingTransphobia.wordpress.com. We can all agree, I think, that people’s actual lives are more important than theoretical abstractions– including those related to “identity.” This is precisely why, as feminists, we demand acknowledgement for the lived realities and […]

Impact litigation? The ADA vs. “gender identity” laws

I received the following comment from a reader and decided that the best course of action– BECAUSE WE DO NOT GIVE LEGAL ADVICE AT SEXNOTGENDER.COM– was to edit it slightly for clarity and open it up for a larger discussion. It is, indeed, a FASCINATING legal question. I love it! Please email me at elizabeth.hungerford@gmail.com […]

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 […]

Advanced topics in “gender identity,” male nudity, and fraud prevention

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 […]