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Chosen gender

It is against the law to treat someone unfavourably because of their chosen gender, that is, where someone chooses to live as a member of the sex opposite to their birth sex (transgender or transexuality).

Here’s an example:

Donna was born a male but considers herself female. Since she was 14, she has worn the girls’ school uniform to school and has participated in activities as a female. This year, Donna’s new class teacher has told Donna that she is being ‘ridiculous’ and says that she must ‘stop pretending’ and wear the boys’ uniform. Donna is being discriminated against because of her chosen gender.

There is a difference between chosen gender, protected by the law, and simply cross-dressing or pretending to be a member of the opposite sex temporarily, for instance, as a joke, for a party or in a play. Chosen gender only applies to people who genuinely identify as a member of the opposite sex. It doesn't matter whether the person has had a sex-change operation or not.

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