Selina Soule is one of the Connecticut female high school athletes who lost their Title IX rights when their state adopted ‘Gender Identity’ as a legally protected status. The girls were forced to compete against boys as a result. Soule lost her opportunity to progress to regional competition after two male students were permitted to take the top slots in the female competition. This was the first year she failed to qualify.
Connecticut defines ‘Gender Identity’ as ‘a person’s gender related identity’. Circular definition. There are other interesting things about Connecticut’s House Bill 6599 (Public Act 11-55) [pdf] which enshrined ‘Gender Identity’ as a protected category in state law.
- It conflates ‘Gender Identity’ (whatever that is) with ‘Gender Expression’ (whatever that is): “Gender identity or expression” means a person’s gender- related identity, appearance or behavior
- It invokes tradition to associate particular appearances and behaviors with reproductive sex
- And refines sex as a social assignation, rather than a material reality: whether or not that gender- related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth
- It required evidence of ‘Gender Identity’ (but not ‘Gender Expression’) comprised of consistent and uniform declaration of a sincerely held belief
- And mandated that such declared belief meet the newly created legal category of ‘Core Identity’: which gender-related identity can be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held, part of a person’s core identity
- It contained an ‘improper purpose’ clause inserted as a caveat that negates the ‘Gender Identity and Expression’ rights of individuals who meet the criteria for protection from being recognized if the end result of their protection is ‘improper’ (undefined): or not being asserted for an improper purpose.
- ‘Gender Identity’ was attached as a modifier to nearly every mention of the protected category of ‘sex’ in the state’s anti-discrimination law- over 50 times. (In comparison, the protected category of ‘Sexual Orientation’ is referenced only 8 times.)
- Connecticut tried to protect the rights of people who identify as transgender via the newly created category of ‘Gender Identity’. They required objective evidence of a sincerely held belief in ‘Gender Identity’. They retained the legal category of ‘Sex’. They inserted a clause to prevent such a protected status from resulting in consequences that are ‘improper’. Female athletes in Connecticut still lost their federal Title IX rights because ‘Gender Identity’ modifies the definition of ‘Sex’. Males bypassed the rights of females by “identifying as” female themselves.
The Equality Act 2019 requires no “evidence” of a sincerely held belief and has no ‘improper purpose’ clause. It purely serves as an Act designed to eliminate sex as a legally protected category. Connecticut tried to maintain the sex-based rights of women and girls in tandem to the legal conceit of ‘Gender Identity’. They failed. The Equality Act literally includes a declaration of a ‘Gender Identity’ (whatever that is) under the definition of ‘Sex’. The formerly protected category of sex is literally redefined as “a sex stereotype”. The Act also eliminates ‘Sexual Orientation’ as a meaningful category as a result of eliminating ‘Sex’ as an objective definition. From the proposed Act:
“(2) GENDER IDENTITY.—The term ‘gender identity’ means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth.
“(3) INCLUDING.—The term ‘including’ means including, but not limited to, consistent with the term’s standard meaning in Federal law.
“(4) SEX.—The term ‘sex’ includes—
“(A) a sex stereotype;
“(B) pregnancy, childbirth, or a related medical condition;
“(C) sexual orientation or gender identity; and
“(D) sex characteristics, including intersex traits.
“(5) SEXUAL ORIENTATION.—The term ‘sexual orientation’ means homosexuality, heterosexuality, or bisexuality.
Women and girls need equality protections. Lesbians and Gays need equality protections. Those who don’t conform to sexist stereotypes need equality protections. The Equality Act 2019 is a terrible, awful, proposal that acts against the interests of all of the above.