Gender Identity and Trans Equality: A Comment on Burt

• Date: 01 October 2021
• Published date: 01 October 2021
• DOI: 10.1177/15570851211006471
• Subject Matter: Comments

2021, Vol. 16(4) 532 –538

https://doi.org/10.1177/15570851211006471

Feminist Criminology

© The Author(s) 2021

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DOI: 10.1177/15570851211006471

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Comment

Gender Identity and

Trans Equality: A Comment

on Burt

Alyse Sherrick1

Abstract

Recently, Burt expressed concern that in allowing gender to supersede sex, The

Equality Act will endanger ciswomen. Gender/sex identities, however, are not as

simple as the sexual dimorphic structure Burt introduces. I argue that it is important

to validate trans individuals’ identities and give trans women, in particular, access to

women’s spaces to reduce the high rates of psychological stress and physical dangers

that trans individuals face on a daily basis. I end with solutions that could allow gender

to supersede sex while also protecting ciswomen.

Keywords

Equality Act, LGBTQ, transphobia, gender identity, sexual orientation, discrimination

In volume 14(4) of Feminist Criminology, Professor Burt (2020) expresses concern

that predatory men will abuse The Equality Act to gain access to women’s spaces.1

Burt argues that only ciswomen should be allowed to enter these spaces to protect

women’s safety, and that it is necessary to have a legal distinction between “gender”

and “sex,” with “sex” superseding “gender.” I argue that the Equality Act allows gen-

der identity to supersede sex to ensure that trans individuals are protected and that their

identities are validated. This is not to avoid “hurting trans people’s feelings,” rather, to

protect the trans community whose victimization and suicide rates are disproportion-

ately higher than the general population (Grant et al., 2011). I also argue that through

approaching this issue in a different light, we can come up with solutions that protect

both trans women and ciswomen while ensuring equal rights for both.

1University of Maryland, College Park, USA

Corresponding Author:

Alyse Sherrick, University of Maryland, 2220 LeFrak Hall, 7251 Preinkert Drive, College Park, MD 20742,

USA.

Email: asherric@umd.edu

1006471

FCXXXX10.1177/15570851211006471Feminist CriminologySherrick

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