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Sex: “The sex you were assigned by the doctor in the hospital” at birth. Is it possible or desirable for people with widely different types of “nonconformism” to be treated as a single identifiable group?While the application of discrimination law to a particular individual can involve a complex analysis, “Nonstandard Sexuality” would be a protected group that truly makes a mockery of our already risible “protected” categories.Now, transgender is a more general term and has been widely accepted as politically correct; only really because transsexual has had such a negative stigma associated with it from the 70’s (and beyond).
The Spectra of Nonconforming Sexuality Lawmakers and commentators should grasp the variety of people who claim to be “nonconforming” to American understandings and expectations of sex and gender before leaping into action on their behalf. Gender is also Male or Female, but is a spectrum, not binary. Gender Expression: A characterization of how you dress, talk, style your hair, accessorize, use makeup, and so on, which is described as being more or less Masculine or Feminine. Sexual Orientation: The sexual attraction you experience, whether to those of the same sex, opposite sex, or people of both sexes. Affectional/Emotional Orientation: The pattern of romantic attachments you form; whether you tend to “fall in love” with and seek emotional closeness with men, women, both, or persons who see themselves as somewhere between or beyond the categories of male and female.
A continuing legal education program held recently in Massachusetts taught participants that nonconformists fall on various places on five different spectra of being, expression, and attraction: 1. While there is no consensus even among transgender people on these distinctions and definitions, it seems abundantly clear that modern discrimination law based on dividing people into various subgroups is going to be under severe stress within such an extremely complex scheme.
On what legal basis are those groups to be protected or accommodated?
What are the consequences and implications for the larger society?
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