The court rejected gender ( self-identification ) as a proper indicator of legal sex and opted to stop the controversy and avoid confusion by using the Webster’s New Twentieth Century Dictionary's definitions of male and female. According to the definition, female is defined as “designating or of the sex that produces ova and bears offspring: opposed to male.” Of course transgender people have to be identified by the law with their original sex identity even if they have done the transsexual process. the transgender population should enjoy the same rights and benefits as others since in some cases gender and sex identity interpretation interferes with the unalienable right of pursuit of happiness and violates the human right to respect for private life. Sex is “commonly used to refer to a person's status as a man or woman based on biological factors although sex reflects a person's biology, as opposed to gender, which is generally considered to be socially constructed, the biological aspect of the body that determines a person's sex has not yet been legally or medically resolved” (Currah, 52)Although most of the courts have rejected self-identification as a proper indicator of legal sex, there are still some courts that have
The court rejected gender ( self-identification ) as a proper indicator of legal sex and opted to stop the controversy and avoid confusion by using the Webster’s New Twentieth Century Dictionary's definitions of male and female. According to the definition, female is defined as “designating or of the sex that produces ova and bears offspring: opposed to male.” Of course transgender people have to be identified by the law with their original sex identity even if they have done the transsexual process. the transgender population should enjoy the same rights and benefits as others since in some cases gender and sex identity interpretation interferes with the unalienable right of pursuit of happiness and violates the human right to respect for private life. Sex is “commonly used to refer to a person's status as a man or woman based on biological factors although sex reflects a person's biology, as opposed to gender, which is generally considered to be socially constructed, the biological aspect of the body that determines a person's sex has not yet been legally or medically resolved” (Currah, 52)Although most of the courts have rejected self-identification as a proper indicator of legal sex, there are still some courts that have