Framing Gender: Federal Appellate Judges' Choices About Gender-Neutral Language

Abstract:     
Through empirical research, this article examines whether judges on the United States courts of appeals are framing their opinions in gender-neutral language. Drawing on multidisciplinary sources, including the work of language scholars, psychologists, framing theorists, and legal professionals, the article explains why gender-neutral language is important and discusses ways of constructing it. The article then presents the results of a study of recent court opinions, compares data from the years 1965 and 2006, and discusses implications of the data. It concludes that courts have made significant progress toward gender neutrality, but it also identifies a need for further improvement, which can be accomplished through shifting both mental and verbal frames toward greater inclusiveness.

Keywords: women, men, male, female, judges, language, gender-neutral, inclusive, sexist, gender-biased, gender-inclusive, framing theory, empirical, feminist

Working Paper Series