Originally published at Sex Not Gender
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 legislative strategy actually creates a big problem: it defines and positions “gender identity” as a new protected legal class that overrides Sex as a preexisting protected legal class. In practice, these classes come to clash in Sex-segregated spaces when a single individual’s “gender identity” is prioritized over every other person’s physical and legal Sex. I will discuss a particular example of this situation below.