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Authors

Document Type

Symposium

Abstract

(Excerpt)

Thank you, wonderful students of St. John’s Law. Thank you, Professor Eva Subotnik, for your ongoing work on this event. Thank you, Dean Exum, for leading the school in these consequential times for the legal profession. And thank you, Judge Lohier, for taking the time to join us today.

Transgender issues have been in the spotlight in recent years. While many litigators and scholars think of this growing body of law and politics as “transgender rights,” I would like to persuade you in the short time that I have today that what is broadly and interestingly at stake is the meaning of “sex” itself. By which I mean: When we talk about girl, boy, woman, man, what do we mean? Is it reproductive capacity? Chromosomal status? Facial characteristics? A combination? Something else?

Since the 19th century, medical experts have offered different and changing answers. We are currently in the midst of a fascinating, high-stakes, sometimes frightening debate about it, so we need to be generous to all engaging in it and proceed with epistemic humility.

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