3 ms·

Is there a legal definition for when transgender people count for legal purposes? I'm genuinely curious here.

RangerScience 8y ago
AFAIK, there is a process by which you change your legal gender. Each person is also assigned a legal gender identity; AFAIK, it's used for which prisons population you go to, what it means to request same-gender officers/doctors/etc. IANAL in any way, but my guess would be the same set of laws and systems would apply. The more interesting thing is if/when there's someone legally identified as neither male nor female.
kradroy 8y ago
In California: "Gender identity is a person's understanding of their gender, or perception of their gender identity (which may include male, female, a combination of both, or neither of those), a gender differing from the one assigned at birth, or transgender." So it's essentially whatever the individual defines their gender to be. A person can have their gender changed by court order on various documents if certain criteria are met; federal documents are more difficult to change than CA-issued documents.
- debacle 8y ago
  But is the law written in the context of gender or sex?
  - kradroy 8y ago
    According to CA SB 826: (f) For purposes of this section, the following definitions apply: (1) “Female” means an individual who self-identifies her gender as a woman, without regard to the individual’s designated sex at birth.
    - debacle 8y ago
      Is someone allowed to self identify as more than one gender? Is there any burden of proof on identity?
      - kradroy 8y ago
        That starts getting into difficult territory. A strict interpretation of SB 826 would require a person to self-identify as "female" and nothing else. It would be a legal question to be decided by a court if genders such as "genderfluid" or "non-binary" would be acceptable. There is a law in CA that prohibits employers from asking for documentation of your gender or sex. However, I don't think board directors are considered employees. They are either volunteers or independent contractors.

AFAIK, there is a process by which you change your legal gender. Each person is also assigned a legal gender identity; AFAIK, it's used for which prisons population you go to, what it means to request same-gender officers/doctors/etc. IANAL in any way, but my guess would be the same set of laws and systems would apply. The more interesting thing is if/when there's someone legally identified as neither male nor female.

kradroy 8y ago

In California: "Gender identity is a person's understanding of their gender, or perception of their gender identity (which may include male, female, a combination of both, or neither of those), a gender differing from the one assigned at birth, or transgender." So it's essentially whatever the individual defines their gender to be. A person can have their gender changed by court order on various documents if certain criteria are met; federal documents are more difficult to change than CA-issued documents.

debacle 8y ago
But is the law written in the context of gender or sex?
- kradroy 8y ago
  According to CA SB 826: (f) For purposes of this section, the following definitions apply: (1) “Female” means an individual who self-identifies her gender as a woman, without regard to the individual’s designated sex at birth.
  - debacle 8y ago
    Is someone allowed to self identify as more than one gender? Is there any burden of proof on identity?
    - kradroy 8y ago
      That starts getting into difficult territory. A strict interpretation of SB 826 would require a person to self-identify as "female" and nothing else. It would be a legal question to be decided by a court if genders such as "genderfluid" or "non-binary" would be acceptable. There is a law in CA that prohibits employers from asking for documentation of your gender or sex. However, I don't think board directors are considered employees. They are either volunteers or independent contractors.