Tag Archives: trans

What does the “E” in TERF really mean? Or, sex segregated spaces: excluded from where? And why?

[Edit 2/24/2015: I originally made this chart as a means of parsing what the ‘E’ in TERF actually means. So I have changed the title to include the term TERF (Trans Exclusionary Radical Feminist). The two central questions are: what exactly are transwomen being excluded from (where)?  what is the purpose of that exclusion (why)? […]

If “transwomen are women,” then what does being a woman mean?

The maxim “trans women are women” is a false equivalency that means at least three things. First, it means that being raised as girl from birth is not an important or relevant aspect of being a “woman” because one can be a woman without these formative experiences. Second, it means that having a female body is not an important or relevant aspect of being […]

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) […]

STRANGE BEDFELLOWS? SEX, RELIGION, AND TRANSGENDER IDENTITY UNDER TITLE VII (excerpt)

It is only because gender is used as a social substitute for sex that any of these problems exist in the first place. If “gender” expression, presentation, and/or identity were NOT legally confused with “sex,” most of these problems would go away. BREAK THE CYCLE. This is an excerpt of Sue Landsittel’s article Strange Bedfellows? Sex, Religion, and Transgender Identity Under Title VII, […]

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 […]

Improper purpose, an introduction to the concept.

The language of “gender identity” legislation is fraught with confusion. The complexity of issues swirling around reproductive sex and its connection (or lack thereof) to gender requires extreme attention to terminology and a delicate balancing of interests. Feminist legal critique demands that women’s need for sex-segregated boundaries be both recognized and weighed against the violent enforcement […]