defines \u201cgender identity\u201d<\/a> as \u201cA person\u2019s internal, deeply felt sense of being male or female (or something other or in between). A person\u2019s gender identity may or may not correspond with their sex.\u201d<\/p>\nThere are two problems with this definition:<\/p>\n
1) The idea that \u201cbeing male or female\u201d is based on a \u201cdeeply felt sense,\u201d and not on biological fact, is ideological.<\/p>\n
2) According to this idea, \u201cgender identity\u201d is ultimately private, subjective and based on feelings \u2014 making it impossible to prove, observe, or use as a basis for discrimination.<\/p>\n
Based on the HRC\u2019s definition, there can be no impartial and reliable evidence that any person has been violated or discriminated against in New Zealand on the basis of their \u201cgender identity.\u201d It would be reckless for the New Zealand government to make ideologically driven amendments to the HRA, and to legislate for forms of discrimination that cannot be proven to exist, especially when the legislation would allow people to claim that they have been discriminated against because of their feelings.<\/p>\n
2. \u201cGender identity\u201d is harmful to women<\/strong><\/p>\nThe concept of \u201cgender identity\u201d is at odds with section (1)(m) and (1)(a) of the HRA, which prohibit discrimination based on sex and sexual orientation.<\/p>\n
For female-only services \u2014 like refuges, shelters, changing rooms, sports teams, and all-girls schools \u2014 to be safe and accountable, women must be able to deny men access to them.<\/p>\n
Yet the concept of \u201cgender identity\u201d enables any man to claim that he has a \u201cdeeply felt sense of being\u2026 female,\u201d since this is impossible to prove or disprove. This would enable any man to claim discrimination on the grounds of \u201cgender identity\u201d for being refused access to a women\u2019s service, if the concept is added to the HRA. That amendment would render women unjustly exposed to the risk of retaliatory legal action just for running female-only services.<\/p>\n
If men can identify as female, they can also identify as lesbian \u2014 so adding \u201cgender identity\u201d to the HRA would<\/p>\n
\n- make it harder for women to set up organisations and spaces that are lesbian only<\/li>\n
- add to the pressure lesbians face to engage in sexual relationships with men<\/li>\n
- put the safety of lesbians at risk.<\/li>\n<\/ul>\n
\u00a0<\/p>\n