November 14, 2012
Brilliant, incisive legal analysis of the issues involved in the Colleen Francis Evergreen College case, Washington State statutes and the problem with “Gender Identity” protections overriding sex-based legal protections for Women. Also applies to the Robert/Michelle Kosilek case. Must read.
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.
Sex, as a legal category, is important in its own right. Whereas Sex is the necessary legal foundation for the protection and maintenance of women’s reproductive freedoms, “gender identity” is…
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