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Legal Definitions - gender identity

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Definition of gender identity

Gender identity refers to a person's deeply held internal sense of being male, female, both, neither, or somewhere else along the gender spectrum. It is an individual's personal understanding and experience of their own gender, which may or may not correspond with the sex they were assigned at birth. This internal sense often guides how a person chooses to express their gender through their name, pronouns, appearance, and behavior.

  • Example 1: Sarah was assigned female at birth and has always felt and identified as a woman throughout her life. She uses female pronouns and presents herself in ways typically associated with womanhood.

    Explanation: Sarah's consistent internal feeling of being a woman, which aligns with her sex assigned at birth, is her gender identity. This demonstrates that gender identity applies to everyone, whether it aligns with or differs from their birth-assigned sex.

  • Example 2: Mark was assigned female at birth but always knew internally that he was a man. As an adult, he transitioned, changed his name to Mark, uses he/him pronouns, and lives authentically as a man.

    Explanation: Mark's profound internal experience of himself as a man, despite being assigned female at birth, is his gender identity. His actions to align his external life and presentation with this internal truth are expressions of his gender identity.

  • Example 3: Alex was assigned male at birth but does not identify exclusively as a man or a woman. Alex feels their gender is outside of these traditional categories and prefers to use they/them pronouns.

    Explanation: Alex's internal understanding of their gender as neither solely male nor solely female, but rather non-binary, is their gender identity. Their choice of pronouns and self-description reflect this personal, internal sense of self.

Simple Definition

Gender identity is a person's self-identified gender, which may or may not correspond with the sex they were assigned at birth. It describes how an individual experiences and expresses their gender, encompassing their internal sense of self and its outward presentation.

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