States protecting sex segregation and gender identity at the same time!

Originally posted at Sex Not Gender

These are states in which gender identity laws have already been passed, yet protection for sex-segregation is also explicitly allowed by statute. This differs from the recent DOJ interpretations of “sex” where “gender identity” is not a separate concept, but one and same with “sex.”

The “gender identity” definition is on the right in column D. The (s)exception language protecting sex-segregation in certain spaces is in column C, middle. Compare and contrast!!

Don’t let anyone tell you there is no statutory or historical support for a female right to privacy from males in certain spaces of public accommodation.

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U.S. Trans Survey and methodological flaws, or “garbage in, garbage out”

Originally posted at Sex Not Gender

The National Center for Transgender Equality (NCTE) has launched a campaign to gather information about trans identified people called the U.S. Trans Survey. The intent may be noble, but the data collection methods leave much to be desired. Here is some background on the project from its organizers (emphasis added):

[The U.S. Trans Survey] is the follow up to the groundbreaking National Transgender Discrimination Survey, which was conducted by the National Center for Transgender Equality and the National LGBTQ Task Force in 2009, and examined the lives of over 6,400 trans people in the U.S. The results were released in a 2011 report called Injustice At Every Turn. As the single-most cited study about trans people, it has changed how the public understands the challenges facing our community.

That last sentence is the crux of what bothers me. An internet based questionnaire is the single-most cited “study” about trans people? Are you serious? In what world is an anonymous survey with no sample validity considered the primary or best evidence by which “the public understands the challenges” faced by any group of people? Look, I’m no statistician but I did take Stats 101 in college. Even I can tell this “study” has holes the size of the Grand Canyon.

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An Open Letter to Smith College About Transwomen

Dear Smith College Board of Trustees and President McCartney,

I am writing this open letter to express my strong and continuing support for Smith College’s female-only admissions policy. As a proud Smithie (’00), an attorney, and a vocal feminist, I have thought long and hard about the issues raised by the campaign for transwomen’s inclusion at Smith on the basis of their “gender identities.”

Ultimately, a theoretical deconstruction of the social category “woman” such that anyone and everyone can identify as a “woman” does not reflect the historical purpose of Smith College or the needs of its students.

Being a woman is not a spiritual or metaphysical experience. It is not a feeling and it is not a performative utterance. Being a woman is a lived experience with material consequences. Smith’s admission policy must reflect some clear limitations on male gender identification, lest the social category “woman” become entirely meaningless.

The slogans “transwomen are women” and “transwomen belong here” sound righteous at first, but on deeper analysis, they are also frustratingly simplistic. The full implications of the proposed policy change must be considered. There is much more at stake than validating identities and proving how open-minded we are.  In this letter, I will attempt to lay out some of the considerations that I believe must be taken into account and propose elements of a reasonable compromise.

Read more here…

What is a TERF? Or Sex Segregated Spaces: Where and Why

Originally posted at Sex Not Gender

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 central question is: what exactly are transwomen being excluded from (where)? And what is the purpose of that exclusion (why)? The following post is a basic analysis of various spaces from which females might reasonably desire the complete exclusion of male bodied and male socialized people. Alternatively, we might enforce conditions on the inclusion of male bodied or male socialized people. Bathrooms and locker rooms are examples of spaces where conditional inclusion is possible, such as for for fully transitioned transwomen. On the other hand, a private gathering might not make any exceptions for transwomen. It depends! There are many factors to consider. #nuance]

Women’s-only spaces serve a multitude of purposes depending on the context.

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

Originally posted at Sex Not Gender

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 the conflicts affecting females when the legal category of sex is overridden by these “gender identity” laws. Hence, the name of this site “Sex Matters” and the web address If you remember one thing about your visit here, please let it be that confusing sex with gender is at the core of this polarizing issue.

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Pro-choice means pro-female, regardless of identity. #profemaleprochoice

Originally posted at Liberation Collective

Huffington Post and Autostraddle both ran articles on January 27th, 2014 about the hashtag #protransprochoice and a petition started by three young adults: Beck Martens, Alice Wilder, and Calliope Wong–a transwoman who caused a media flurry in 2013 about being denied application for enrollment at a female-only college while Wong was still legally and anatomically male. The Autostraddle article is entitled #ProTransProChoice: Launching A New Reproductive Rights Movement. That’s right, a whole New Movement to accommodate gender identities! I consider this a particularly disturbing example of conflating ‘gender identity’ with physical sex and a stark reminder of what “sex not gender” means.

The #protransprochoice call for a New Reproductive Rights Movement demands that NARAL and Planned Parenthood spend their precious, limited funds on media campaigns that explicitly cater to the gender identities of trans* people

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NO animal research, HUMANS ONLY

Originally posted at Sex Matters

Rat brains (and behavior) may be interesting, they may provide excellent cocktail party discussion, but they cannot tell us anything conclusive about humans. It’s pure speculation, and quite often, it fails to tell us anything at all.

Because animal brains (and bodies) are not human brains (and bodies). End logic.

If brain structure differs this plainly between species, then surely brain function does as well.

Seriously. How many cats have you encountered with gender dysphoria or BIID? That’s what I thought. Animal research– neuro and otherwise– creates dangers untold when applied to complex human problems. More discussion on this controversial scientific method here.

And just to be data-driven about it, here is a list of animal drug test results that ended up hurting humans:

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