The debate is not one over mere nomenclature. This Article argues that sex assigned at birth is an important concept that clarifies the stakes of disputes over transgender rights. But it cautions that this conceptual shift is not sufficient to secure victories in transgender rights litigation.
Ultimately, definitional debates about sex and gender cannot resolve the moral and practical questions at the heart of contemporary controversies over transgender rights. Recent legal victories on transgender rights issues have done more than debate the meanings of sex and gender: They have addressed practical objections to transgender inclusion, cultivated empathy for plaintiffs, and staked claims in the registers of equality, autonomy, and dignity.
The full text of this Article can be found by clicking the PDF link to the left. Kincaid, No. Kasper v. Johns Cnty. Adams at the time of birth was female, but his consistent, internal sense of gender is male. Whitaker v. Kenosha Unified Sch.
Indianapolis Pub. July 27, ; B. State Bd. Taylor, F. Little, F. Evansville Vanderburgh Sch. Pine-Richland Sch. See, e. Clayton County, S. In , the Trump Administration repealed these regulations.
In , the Biden Administration proposed regulations that would revert to the Obama-era policy. Nondiscrimination in Health Programs and Activities, 87 Fed. Close and in a proposed federal law that would bar discrimination on the basis of LGBTQ status in employment, health care, and housing.
