Gendered Language What it means, when to use it, how to avoid it.

Quick Note When this was initially put together (more than 5 years ago now) it was part of a presentation on they why’s and how’s of using gender neutral language in legal writing. This was specifically from a trans perspective and was only a starting point. Most of the session consisted of deconstructing in- class writing samples, coming up with a variety of alternative options and focusing on which were easy to read and understand, grammatically correct and all-inclusive.

What is gendered language? When referring to a group or a class of people we often use male pronouns or male-centered language – Policemen, businessmen, congressmen – A good supervisor meets regularly with his supervisees. Problems: excludes women and focuses experiences on men Use of gendered pronouns often requires assumptions of gender identity Not everyone identifies with or uses gendered pronouns

What is a personal pronoun? Pronouns (a word or form that substitutes for a noun or a noun phrase) associated primarily with a particular grammatical person Pronouns – First person (as I) – Second person (as you) – Traditional third person (as he, she, it) There are also many gender free or neutral third person pronouns such as ze/hir

How do I know when to use gender neutral language? Are you referring to a specific person? No Use gender neutral language Yes Do you know the person’s preferred pronoun? Yes Use the person’s preferred pronoun No Ask or use gender neutral language

What to change and what to avoid When possible focus on the substance or function, not the gender Chairman  Chair Fireman  Firefighter Policeman  Police Officer Use formal titles rather than gendered prefixes – Dear Ma’am or Sir  Dear Admission Committee – Dear Mr. Doe  Dear Senator Doe Avoid using pronouns unless you are referring to someone whose pronoun you know

Beyond “Their” Gender neutral language does not have to be grammatically incorrect When referring to a non-specific person: – Make the noun plural Thereby allowing the use of “their” in a grammatically correct way – Repeat the noun rather than using a pronoun – Omit the pronoun completely Replace pronouns with “a” “an” or “the” – Change to the second person – Use “who”

In Legal Writing/Pleadings Use Plaintiff/Defendant language rather than gendered pronouns Use “spouse” or “spouses” rather than husband/wife or gendered pronouns Create instructional documents in plain language and the second person to avoid pronouns When you know a persons preferred pronoun, don’t be afraid to use it!

Rewrite the following sentences ProblematicSuggested Edits A good judge takes his job very seriouslyA good judge takes the job very seriously A defendant should not be required to sacrifice their constitutional right to a fair trial for the sole benefit of allowing televised coverage of their trial. A defendant should not be required to sacrifice the constitutional right to a fair trial for the sole benefit of allowing televised coverage of the trial. A person who masters the basic rules of grammar, punctuation, and good writing is likely to impress his or her supervisors. One who masters the basic rules of grammar, punctuation, and good writing is likely to impress one's supervisors. A teacher must communicate clearly with her students. Teachers must communicate clearly with their students. The successful lawyer will shepardize all cases cited in a memo. S/he also will avoid quoting from headnotes. Successful lawyers will shepardize all cases cited in a memo. They also will avoid quoting from headnotes.

Best practices when representing a transgender client Always use a persons preferred name and pronoun, even if it is not reflected on documents – Intake forms should allow for current/preferred name and former names – Allow clients to fill in their own gender – Always ask all of your new clients Court papers: – Foot note legal name or pronoun while using chosen name/pronoun in the body of your pleadings – [Legal name] (hereinafter referred to as [chosen name])

Articles Writing Tips to Avoid Sexist Language Writing Tips to Avoid Sexist Language Gender Neutral Language tm Gender Neutral Language tm Gendered Language and Sexist Thought- Leaper, C., & Bigler, R. S. (2004). Gendered Language and Sexist Thought. Monographs of the Society for Research in Child Development, 69(1), Leslie M. Rose, The Supreme Court and Gender-Neutral Language: Setting the Standard or Lagging Behind?, 17 Duke J. Gender L. & Pol'y 81 (2010). Also at: