Opening Up the Law to Accommodate Non-Binary Genders

Jessica A. Clarke, They, Them and Theirs, 132 Harv. L. Rev. 894 (2019). Ann E. Tweedy Professor Jessica Clarke‘s law review article, They, Them, and Theirs, published this year in the Harvard Law Review, does important work in conceptualizing ways that anti-discrimination and other laws can change to accommodate non-binary people. This piece adds significantly to the emerging body of legal scholarship concerning non-binary persons, including such projects as The Future of Legal Gender: A Critical Law Reform Project,  in the UK, and Ontario Human Rights Commission: Backgrounder – Talking about Gender Identity and Gender Expression in Canada. One of the most interesting aspects of Professor Clarke’s approach is her rejection of a one-size-fits-all solution in favor of a more contextual and pluralistic set of solutions. As Professor Clarke explains, non-binary persons pose special challenges for the existing legal framework of…

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