Sex, Identity and Gender, Oh My!
http://www.ts-si.org/thompson-&-gaughan/30757-sex-identity-and-gender-oh-my7/10/11
Lisa Thompson & Sharon Gaughan
The Employment Non-Discrimination Act (ENDA) defined gender identity as the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth. This attempt at redefinition appears to describe the entire human species in one form or another without actually defining anything. Courts of Law frown on vague definition and most often find such laws overbroad and therefore unconstitutional.
ENDA failed to receive enough votes to become law. But at least the ENDA definition made some sense, even if it was logically non-definitional. A local, liberal state attempted to define Gender Identity as
A person's bona fide, persistent, documented identification with the sex opposite her or his physiology or assigned sex at birth
effectively making Gender Identity a queer human attribute not possessed by the heterosexual population. This is scientific illiteracy at its political worst. Gender Identity is a human state, not one reserved for queer politics. Most people identify with one sex or the other — most often the one assigned at birth.