The importance of sex and gender for identification purposes
On January 28, the Superior Court of Quebec rendered a judgment which seeks to invalidate certain articles of the Civil Code. These articles require that, on certain identification documents, the mention of the sex of individuals corresponds to their sex and not to their gender identity. The ruling states that gender is most important in identifying someone, and decrees that sex is not a reliable means of identification. However, there is nothing to confirm this.
The jugement
According to the judgment, we identify people as male or female by their gender and not by their sex, since we do not trust their genitals, which we do not usually see; we rather rely on their clothing, their outfit, their hairstyle.
While it is true that we do not trust people's genitals, we do not trust their clothing, their hairstyle, but rather their secondary sexual features. For example, if we look at people taking a karate class, all dressed in the same kimono, we are still able to distinguish men from women.
The judgment mentions secondary sexual traits, such as the presence or absence of breasts, beards, and other traits.
Only, according to the judgment, this kind of trait can indicate both sex and gender, since some people modify their secondary sexual traits so that “their body aligns with their gender identity” (free translation of this which is written in the judgment).
The jugement
According to the judgment, we identify people as male or female by their gender and not by their sex, since we do not trust their genitals, which we do not usually see; we rather rely on their clothing, their outfit, their hairstyle.
While it is true that we do not trust people's genitals, we do not trust their clothing, their hairstyle, but rather their secondary sexual features. For example, if we look at people taking a karate class, all dressed in the same kimono, we are still able to distinguish men from women.
The judgment mentions secondary sexual traits, such as the presence or absence of breasts, beards, and other traits.
Only, according to the judgment, this kind of trait can indicate both sex and gender, since some people modify their secondary sexual traits so that “their body aligns with their gender identity” (free translation of this which is written in the judgment).
Let's add a box
This argument proves, at the most, that indicating someone's gender can be important for identification purposes: for trans people who have changed their bodies, someone who needs to verify their identity might be surprised. that their appearance does not appear to correspond to the gender indicated on the identification documents. This problem would be solved by indicating gender in addition to sex,
and not by replacing sex with gender.
If we only indicate the gender and we go in the direction of what is written in the judgment, that is to say that those who must verify the identity of individuals start to look at their clothing to verify if their gender matches what is written on the identification documents, so identifying those who do not appear typical of the given gender will be the problem.
Indeed, on the one hand, not everyone dresses in a way that fits stereotypes of masculinity or femininity - and it would be insulting to say the least for a woman without makeup, in pants, with short hair. , to be told by an official that their appearance does not correspond to the gender indicated on their identification documents.
On the other hand, among the people who claim to have a gender identity, not all of them modify their secondary sexual traits, especially since since 2013, no form of transition is necessary in Canada to have their sex designation changed. name of their gender identity.
Keeping the mention of sex and adding that of gender identity for those who consider having one would cover all cases.
To conclude, it should be noted that the plaintiffs in the case that led to this judgment themselves say that someone's gender identity cannot be verified objectively: they claim that sex is an objective, biological fact. , while gender is subjective
and internal and can only be revealed by the individual.
What can be the use of something subjective and internal that can only be revealed by the individual when trying to identify someone?
This argument proves, at the most, that indicating someone's gender can be important for identification purposes: for trans people who have changed their bodies, someone who needs to verify their identity might be surprised. that their appearance does not appear to correspond to the gender indicated on the identification documents. This problem would be solved by indicating gender in addition to sex,
and not by replacing sex with gender.
If we only indicate the gender and we go in the direction of what is written in the judgment, that is to say that those who must verify the identity of individuals start to look at their clothing to verify if their gender matches what is written on the identification documents, so identifying those who do not appear typical of the given gender will be the problem.
Indeed, on the one hand, not everyone dresses in a way that fits stereotypes of masculinity or femininity - and it would be insulting to say the least for a woman without makeup, in pants, with short hair. , to be told by an official that their appearance does not correspond to the gender indicated on their identification documents.
On the other hand, among the people who claim to have a gender identity, not all of them modify their secondary sexual traits, especially since since 2013, no form of transition is necessary in Canada to have their sex designation changed. name of their gender identity.
Keeping the mention of sex and adding that of gender identity for those who consider having one would cover all cases.
To conclude, it should be noted that the plaintiffs in the case that led to this judgment themselves say that someone's gender identity cannot be verified objectively: they claim that sex is an objective, biological fact. , while gender is subjective
and internal and can only be revealed by the individual.
What can be the use of something subjective and internal that can only be revealed by the individual when trying to identify someone?
Annie-Ève Collin, Philosophy teacher
Montreal
Montreal
Montreal Journal
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