Tag Archives: sex discrimination

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 […]

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 […]

Insurance coverage and the medicalization of gender non-conformity, Part 2

[Ok, ok, it was more than a week. PART 1 is here. Pdf of the entire essay is here. In Oregon, the Insurance Division of the Department of Consumer and Business Services (division) recently issued a comprehensive bulletin (INS 2012-01) about health insurance coverage of medical treatments for gender identity/gender dysphoria (GI/GD) (see discussion of meaning […]

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) […]