Beyond Male or Female: Using Nonbinary Gender Identity to Confront Outdated Notions of Sex and Gender in the Law

Abstract

This Note begins in Part I by discussing concepts of contemporary gender theory necessary to contextualize the Oregon nonbinary ruling. Part II offers a brief history of legal determinations of sex and gender in the United States. Part III provides a thorough explanation of the Oregon and California rulings authenticating nonbinary gender status, as well as pending federal litigation on a similar issue. Part IV explores four major approaches to gender documentation in the United States. Part V suggests two concrete steps for the modernization of gender documentation policies and practices.