Defining and Constructing Gender and Sex in AB-1266

Within the last month, California governor Jerry Brown approved Assembly Bill No. 1266, an amendment to the California Education Code commonly known as the “transgender bathroom bill” for Clause (f) which states that students can participate in activities and use facilities our their gender identity instead of their prescribed gender.

Despite the polarity of reactions ranging from celebratory to outraged, AB-1266 raises societal questions on how we define gender and sex, and how we conceive their construction/identification. Based on the Clause line “irrespective of the gender listed on the pupil’s records”, it appears in Californian legislation terms that gender and sex have an intertwined relationship, if not mean the same thing. Their construction are culturally based and solidify that gender comes before sex as the transcripts are read by markers of gender, not biological genitalia. In expanding the construction of gender and the subsequent gender identification assumed in AB-1266, it answers the question of whether gender is something we have or are by allowing gender to transcend biological fact (have) and develop into our identity (are).

Relevant Sources:

Ammiano. “AB-1266 Pupil Rights: Sex-segregated School Programs and Activities.” California Legislation Information. N/a, 12 Aug. 2013. Web. 14 Sept. 2013.



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