I believe we could avoid a lot of headache and a lot of lawsuits if we created policies and laws based on gender rather than gender identity.
Here are the definitions from the American Psychological Association:
Gender refers to the attitudes, feelings, and behaviors that a given culture associates with a person’s biological sex. Behavior that is compatible with cultural expectations is referred to as gender-normative; behaviors that are viewed as incompatible with these expectations constitute gender non-conformity.
Gender identity refers to “one’s sense of oneself as male, female, or transgender” (American Psychological Association, 2006). When one’s gender identity and biological sex are not congruent, the individual may identify as transsexual or as another transgender category (cf. Gainor, 2000).
Unfortunately private organizations and governments are privileging the second definition. We should be applying a social/cultural lens, not purely an individual lens. This insanity is a product of our time, an era in which both liberals and libertarians are embracing radical individualism. The “No Judgment Zone” at Planet Fitness is an example of radical individualism in practice. Everyone is presumed to have a right to be whatever they want to be, often in defiance of the social realities. Even though this is completely ridiculous, anyone that challenges their assumptions and their radical policies is labeled a miscreant and often punished. This is wrong. Culture matters. Otherwise we have no society, or worse, a society that no longer works. Judgment is one important aspect of culture, as is discernment. Consensual reality is necessary too.