Who Do You Think You are? When Should the Law Let You Be Who You Want to Be?

Abstract

This chapter considers whether the state should permit individuals to self-identify when it comes to disclosing their gender or sex. Both private and public institutions often need to have information about an individual's sex or gender in order to provide services, such as the use of a bathroom or locker room, admission to a prison or counseling facility, access to medical and employment benefits, and material redress for illicit sex-based discrimination. The author questions whether the provision of such services would be disrupted if individuals were allowed to control their official sex and gender status and also whether self-identification would undermine the promotion of women's equality. The author distinguishes between the moral obligations individuals have in recognizing each others' identities and the obligations of the state in protecting the rights of different groups. The author concludes that, in order to balance the rights of different groups, the state state should recognize an individual's self-chosen identity in some instances but not in others.

Keywords: transgender identity, sex, gender, queer studies