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Gender neutrality

Avoiding distinguishing based on gender

  • 26 min read
  • 9 chapters

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Through Institution, Social structure and Gender role

In policy

Proponents of gender neutrality may support public policies designed to eliminate gender distinctions. Gender neutrality in the law has changed the nature of custody disputes, making it more likely that men will be awarded custody of their children in the event of a divorce.

The legal definition of gender has been a controversial topic to transgender people; in some countries, to be legally defined as a new gender, people must first undergo sex reassignment surgery resulting in sterilization.

California joined Oregon in its effort to recognize gender neutrality. On 15 October 2017, California governor Jerry Brown signed new legislation into law that allows persons the option to select gender-neutral on state identification cards. On 9 October 2021, governor Gavin Newsom signed California Assembly Bill 1084 requiring many department stores in California to maintain a gender neutral children's section.

Legal frameworks for determining parentage have traditionally relied on gendered concepts, but these approaches face challenges as family structures diversify. Following the legalization of same-sex marriage in the United States, courts and legislatures have had to reconsider how parentage rules apply when they cannot rely on traditional gender-based assumptions. This has prompted exploration of alternative bases for legal parentage, including intention, function, and agreement rather than solely biology or marriage.

Studies show that workplace leave policies using terms like "maternity leave" and "paternity leave" create problems for parents who don't fit traditional gender categories. Research by Holroyd and Cull found that many people feel forced to accept incorrect gender labels just to access their rightful benefits. According to their research, it makes more sense to just use phrases like "parental leave" or "family leave" for everyone. While businesses may continue to collect volunteer gender data to address any prejudice, this simple move helps all parents feel valued. The strategy broadens the scope of policies while continuing to work for equitable treatment for all parents.

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