“This definition of “gender identity” does not require any objective proof. Rather, it merely requires the person seeking protection to assert that he or she identifies as the sex opposite his or her sex at birth. Further, because Title 11 only permits discrimination in sex-segregated facilities based on sex, a person asserting gender identity as a basis to avoid “discrimination” must be permitted to use the rest room or bath house of their chosen “gender identity” – without regard to any action taken on the part of that individual to change their physiology to “become female” (i.e., sex reassignment surgery.)”
Guest post by Cathy BrennanandElizabeth Hungerford. This is an edited version; complete submission here.
In response to the United Nations Entity for Gender Equality and the Empowerment of Women’s call for communications dated June 14, 2011 regarding allegations of human rights violations affecting the status of women,[i] we write to advise you of a legal development in the United States that compromises hard won sex-based classification protections for females.[ii] This legal development – in which gay, lesbian, bisexual and transgender (“GLBT”) organizations[iii] and individual activists work to enact protections based on “gender identity” – thus far has occurred in Minnesota,[iv] Rhode Island,[v] New Mexico,[vi] California,[vii] District of Columbia,[viii] Illinois, [ix] Maine,[x] Hawaii,[xi] New Jersey,[xii] Washington,[xiii] Iowa,[xiv] Oregon,[xv] Vermont,[xvi] Colorado,[xvii] Connecticut[xviii] and Nevada.[xix]
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