My first "attempt" was fine, it gave the information needed. Despite how many times you've been in threads like these you somehow never learned that there's a difference between sex and gender. Not sure how that happened but it was pointed out to me by Capt'n Courtesy a few years ago, so there was a point in time I didn't know either.
No, you cherry picked the information. Words in Webster's Dictionary may have mulitple definitions. One of those definitions for Gender happens to be "Sex". You chose to omit that because it invalidated your argument. While medically the two words may have seperate meanings, by their definitions Gender can be used to be indicating ones Sex.
Only accounting for legal terms is just another silly game on your part, and I know this because your gender doesn't matter in determining what part of a jail you can use; that's determined by your sex. If you're a pre-op transsexual male to female, despite having always identified as a woman you will be placed with men.
Its not a silly game, but a practical point. If legal entities within the United States routinely use "Gender" and "Sex" relatively interchangably, or use "Gender" as a synonym for sex at times, then whether or not its medically viewed as different isn't really the issue here. Even the
U.S's Equal Employment Oppertunity Commission uses the words somewhat interchangably. While talking in a heading of "Sex Discrimination" about "Sexual Harassment" they clearly state:
Sexual Harassment - This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment. (The "hostile environment" standard also applies to harassment on the bases of race, color, national origin, religion, age, and disability.)
While I fully identify and acknowledge that there's a significant difference between the two when viewed from the medical world, common vernacular...even coming from government entities...uses them somewhat interchangably.
As to the issue with the pre-op transexual...there's no clear cut answer for that. Some states, or even cities, allow for people to change their legal status prior to surgery, others don't. Still, others outright don't allow it while some have not even addressed the issue yet. There seems to be no consistant reference to the information on ones birth certificate as to whether its a "sex" or "gender" identification, as information about it continually switches between the two interchangably as per the common vernacular.
This is you being annoyed because apparently some time ago, likely in an argument that was not about the use of the word but something far more reaching, you got schooled on the subject. As such, you're trying to jab it into another discussion where the implication of what's being talked about is clear, simply because you have a burr up your backside over the issue.
Anyway, I don't think I ever claimed that a gay-marriage ban discriminated against gender.
You suggested it would be sex discrimination, not gender discrimination. I was wanting you to actually take a step beyond simply throwing out random statements without backing it up and actually explain your statement. It took a bit of time, but it seems you finally have now.
Consider me taking a similar tact as the EEOC, and my speaking of "Gender" discrimination in this case is a synonym for "Sexual" discrimination. My apologizes to those that continually and singularly only use the medical defintions of them, but this is not likely to change routinely on my part.
I understand your frustration, its much the same when people use the common vernacular for nation, state, and country. And at times I put a little vent out about it. But unless its central to the discussion (Such as "is the US a christian nation"), I don't make a giant deal of it when its obvious what they're meaning using the commonly used language rather than the technical definitions.
The law does not require one person to identify as a man and the other to identify as a woman. The law only requires one person to have a penis and the other have a vagina. Today, a regular lesbian woman could marry a pre-op male-to-female transsexual man who identifies as a woman. No problem. Their genders are both female, but because their sexes are different they could marry.
You state it as if it is an absolute, when in reality it is not. It varies state to state. For example, in Texas, even if you made that post-op it would still not legally matter as Texas has ruled that surgery can not change ones sex/gender under the law. Alternatively, if a place allowed for changing ones legal sex status prior to surgery...as New York contemplated in 2006...then again the marriage should actually be able to go forward.
Regardless, if you wish, when you read my statements of "gender discrimination" you can feel free to read it as "sex descrimination". Commonly speaking with regards to the law they are typically used interchangably, even by government groups that watch over said discrimination.