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View Diary: If women are going into combat, then it's time to ratify the ERA [Important Update] (181 comments)

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  •  Gender doesn't work (1+ / 0-)
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    milton333

    It's entirely possible to discriminate based on sex and not gender as long as you treat trans women as male and trans men as female. You're being a sexist and a bigot and generally an ass, but a good lawyer can make the argument that you're within the letter of the law if the law specifies gender.

    I know it makes people feel icky, but "sex" needs to be specified. And to your ambiguity objection: the word has exactly one meaning in a formal legal context. If anyone wanted to make a Constitutional amendment about sexual intercourse, they would have to specify "sexual intercourse."

    "Let’s just move on, treat everybody with firmness, fairness, dignity, compassion and respect. Let’s be Marines." - Sgt. Maj Michael Barrett on DADT repeal

    by kyril on Thu Jan 24, 2013 at 10:08:16 AM PST

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    •  A trans person is not considered to have a gender? (0+ / 0-)

      Or am I misunderstanding you?  Or are you saying that a law would be written for "either a male or a female, but not for someone who is neither or both"?  I also think "gender" is more inclusive than "sex", with Sirenus above.  I am, however, not a lawyer and not familiar with efforts at laws aimed at discrimination.

      •  Trans people have a gender (0+ / 0-)

        other than our reproductive/chromosomal sex.

        Which means that you could quite easily set up a system that discriminates based on sex without discriminating based on gender. Just set it up to discriminate based on reproductive/chromosomal sex, so you treat trans women as male and trans men as female. Now you've got both women and men in each category. Presto, no gender discrimination, and you can still keep out all the uterus-equipped people.

        In fact, one could argue that that's what the military does now. As an added bonus, they have medical standards for males and females that conveniently eliminate all the physically-transitioned trans people. But pre- and non-transitioning trans people are present and serving as their reproductive sex, regardless of gender.

        "Let’s just move on, treat everybody with firmness, fairness, dignity, compassion and respect. Let’s be Marines." - Sgt. Maj Michael Barrett on DADT repeal

        by kyril on Thu Jan 24, 2013 at 01:36:36 PM PST

        [ Parent ]

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