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

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.

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