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Culture War Roundup for the week of August 26, 2024

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the government's purposes ... other purposes

What are the purposes of such marks when it comes to private service providers, say, like amusement parks and emergency rooms?

It depends on the private service providers own policies and what kinds of obligations the government may have created for them.

The only reason the above case exists is because the government created a legal obligation for private service providers to treat people a certain way based on the mark on their official documentation. As far as I know there is no similar legal requirement to treat people a certain way based on their height. If there was, then a similar lawsuit against an amusement park may very well be successful!

In the emergency room context the only purpose a sex classification serves is as a shorthand for certain other biological facts that may be relevant for treatment. If you already know those other biological facts it's not clear to me what further information one is getting from someone's legal sex classification. In any case doctors should determine medical treatments on the basis of the relevant biology, not the legal sex classification. Indeed it's easy for me to imagine a scenario where a doctor denying someone treatment on the basis of their legal sex classification, rather than their biology, would be the basis for a sex discrimination lawsuit! Imagine a trans woman goes to a doctor and requests a prostate exam. Perhaps she has or hasn't had bottom surgery but in any case still has a prostate. The doctor refuses on the grounds her relevant identity document says she is female, though the doctor does acknowledge she has a prostate. I think such a doctor would likely lose a sex discrimination lawsuit. After all, if she had shown up as someone with "male" on their identity document and with a prostate the doctor would presumably have performed the exam. She was denied a treatment relevant to her biology because of her legal classification. Sounds like sex discrimination to me!

In the emergency room context the only purpose a sex classification serves is as a shorthand for certain other biological facts that may be relevant for treatment.

One could just as easily say that in a digital app setting, the only purpose a government sex classification serves is as a shorthand for certain other biological facts that may be relevant for treatment. If you already know those other biological facts it's not clear to me what further information one is getting from someone's legal sex classification. In any case apps should determine digital treatments on the basis of the relevant biology, not the legal sex classification. Where does your argument fail?

What is the "treatment" in this context and what is the relevant biology? In the medical context treatments very straightforwardly interact with a patient's biology. That's the point. What's the app analogue?

Don't need an analog, at least not according to the standard you've set forth. You just said that the "only purpose" a government sex classification serves is as a shorthand. They saw the shorthand, they determined that other facts were known, and they used the other facts. Amusement parks did it, emergency rooms did it, and digital apps did it. Unless you have some extra, currently hidden government purpose, these cases seem precisely analogous for the test you've set forth. There's nothing in your current test that says that some sorts are okay and other sorts aren't.

I very specifically said that sex markers were a shorthand in the emergency room context you mentioned. That is not the only reason they are there!

Then by all means, please describe the additional government purposes you have in mind.