Bench Memos

Law & the Courts

‘People of All Genders Can Become Pregnant’

This pearl of politically correct obtuseness from Ninth Circuit judge Richard Paez’s dissent (p. 2, note 2) in today’s Title X ruling deserves more prominence than my belated addendum to my original post:

While the [Title X] Rule disproportionately impacts women, people of all genders rely on Title X services, can become pregnant, and will suffer the consequences of the Rule. See, e.g., Cal. Code Regs., tit. 2, § 11035(g) (defining individuals eligible for pregnancy accommodation as including “transgender employee[s] who [are] disabled by pregnancy”); Jessica A. Clarke, They Them, and Theirs, 132 Harv. L. Rev. 894, 954 (2019) (“People of all gender identities can be pregnant[.]”); see also Juno Obedin-Maliver & Harvey J. Makadon, Transgender Men and Pregnancy, 9 Obstetric Med., 4, 5 (2016).

Yes, women who don’t identify as female can still get pregnant—because they are women.

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