Legal Definitions - gender identity

Definition: Gender identity is a person’s self-identified gender, which may or may not correspond with their "sex assigned at birth." Gender identity is how a person experiences and expresses their gender.

For example, a person who was assigned male at birth may identify as a woman, while a person who was assigned female at birth may identify as non-binary. Gender identity is personal and unique to each individual.

The Yogyakarta Principles, international human rights principles revolving around sexual orientation and gender identity, describe gender identity as “each person’s presentation of the person's gender through physical appearance – including dress, hairstyles, accessories, cosmetics – and mannerisms, speech, behavioral patterns, names and personal references.”

Many different gender identities exist including, male, female, transgender, gender neutral, non-binary, agender, pangender, genderqueer, two-spirit, third gender, and all, none or a combination of these.

In the United States, some states explicitly prohibit discrimination on the basis of gender identity. In 2019, the Supreme Court of the United States heard R.G. & G.R. Funeral Homes v. EEOC, a case that addressed whether Title VII of the Civil Rights Act of 1964, which prohibits discrimination “on the basis of sex,” includes discrimination on the basis of sexual orientation and gender identity.

Example: A person who was assigned male at birth may identify as a woman and choose to present themselves as such through their clothing, hairstyle, and mannerisms. This is an example of how gender identity is expressed through physical appearance and behavior.

Explanation: This example illustrates how a person's gender identity can differ from the sex they were assigned at birth and how they may choose to express their gender through their appearance and behavior.