Gender-Inclusive Language for Lawyers
Gender-inclusive language, simply put, means avoiding unnecessarily gendered language.
Using gender-inclusive language can seem daunting if it isn’t something you’re used to. But in reality, a few small adjustments can make all the difference.
What’s wrong with gendered language?
Gendered language is the use of any words that imply gender. In English, the most common way to imply gender is through the use of either gendered nouns (ie: waitress or workman) or gendered pronouns (ie: he or she).
Gendered language can:
Disrespect clients who do not identify with a gender binary.
Perpetuate harmful stereotypes about sex and gender.
Alienate clients of any gender.
What are the benefits of gender-inclusive language?
Gender-inclusive langauge can:
Make clients feel seen and respected in their identity and humanity.
Reinforce principles of equity and equality in law.
Help clients feel supported.
Show that you are up-to-date with contemporary communication practices.
How to use gender-inclusive language
You can make your language gender-inclusive by employing a few simple methods to shift your approach to gender in language. The following is a condensed and simplified version of the Government of Canada’s recommendations for gender-inclusive language in the legal sector.
Use gender-neutral nouns.
Often, the gender of a person being referenced or described does not add anything to what you’re trying to communicate. In this case, it’s best to use gender-neutral nouns. For example:
Instead of policeman or policewoman, use police officer.
Instead of mother or father, use parent.
Use names, not gendered roles.
In some legal documents, people are referred to by the gender roles they occupy in a relationship. Replacing gendered roles with names is clear and avoids gendered implications. It also recognizes that the people referred to are not defined by the roles they occupied in the relationship. For example:
The husband and wife agree that they will divide decision-making responsibilities. The wife will decide matters of education and religion while the husband will decide matters of health and culture.
Aisha and Pas agree that they will divide decision-making responsibilities. Aisha will decide matters of education and religion while Pas will decide matters of health and culture.
Repeat the noun.
A simple way to avoid gendered language is to repeat the noun rather than using a pronoun. In the following example, you repeat the noun “my client” to avoid using the gendered pronoun “she”.
My client feels that a midweek access visit would be too great a disruption to the children’s routines, particularly if she is required to assist with transportation.
My client feels that a midweek access visit would be too great a disruption to the children’s routines, particularly if my client is required to assist with transportation.
Use the singular “they.”
The use of the singular “they” is accepted by the Justice Department and well understood by the public. Replacing the gendered pronouns “he” or “she” with “they,” or “his” or “hers” with “their,” is an easy and smooth transition. For example:
The support payor must establish that he or she has a prima facie case on his or her motion to change.
The support payor must establish that they have a prima facie case on their motion to change.
Replace possessive pronouns.
Possessive pronouns like “his” or “her” can often be replaced by non-gendered words such as “the” or “a” without losing meaning. For example:
My client has filed a copy of her parenting plan with the court registrar.
My client has filed a copy of the parenting plan with the court registrar.
(In this case, non-gendered wording may also be more accurate.)
Re-structure your sentences.
Sentences can often be restructured to avoid the use of gendered words. The most common ways to do this are to either use passive voice or change a subordinate adverbial clause. For example:
She must include a copy of the parenting plan in the application.
A copy of the parenting plan must be included in the application.
Or,
If the defense attorney is satisfied by these terms, he should…
If satisfied by these terms, the defense attorney should…
Make sure that your re-structured sentence isn’t too ambiguous to be clearly understood. If you can’t restructure a sentence to avoid pronouns, consider repeating the noun or using the singular “they” instead.
Common questions…
If I know someone’s gender, why should I avoid it?
Gender-neutral language helps to take any gender-based implications out of your communications. It isn’t only used in cases where gender is unknown. Gender-inclusive language is preferred unless the person’s gender is directly relevant to your communication.
If you’re referencing a person’s child, does it matter whether they are a son or a daughter?
If you’re referencing a police officer, does it matter whether they are a man or a woman?
Sometimes, the answer may be yes, if the person’s gender is directly relevant to the case. But if not, gender-neutral language will do the trick.
When should I use a person’s gendered pronouns?
In some circumstances, using a person’s gendered pronouns is appropriate and appreciated. Many people may wish to be referred to with gendered language.
For example, if someone is transgender, using their proper pronouns shows that you affirm and respect their gender. Using exclusively “them/them” pronouns for a trans person may suggest that you are denying their identity.
Gendered language is not always bad, especially in casual communications. As a rule of thumb, if you are referring to a specific person whose gender and pronouns you know, it is appropriate to use them.
But if using gendered language, especially in formal communications, may suggest gendered implications, it is best to avoid it.
What if I don’t know someone’s pronouns?
If you’re unsure about a client’s pronouns or the pronouns of another person relevant to the case, ask! For example, you could say, “excuse me, what pronouns do you use? I want to make sure I refer to you correctly.”
If you don’t know someone’s pronouns and they are not a key person in your case, you can generally refer to them using the singular “they”.
What if I misgender someone?
Mistakes happen. If you become aware that you’ve been misgendering someone, apologize quickly and calmly, thank them for bringing it to your attention, and try to avoid doing it again.
Takeaway.
The key to using gender-inclusive language is avoiding gendered terms when they are not necessary or relevant. This doesn’t mean that you can never use “she” or “he”; you should simply be aware of possible gender-based assumptions implicit in your use of gendered language, and avoid it where possible.
Certain methods of avoiding gendered language are more appropriate to certain situations. Play around with the examples listed in this article to find the methods that are most comfortable for you and appropriate for your conext.
And remember, leading with curiosity and respect will go a long way!
For more information about inclusivity, check out this great resource from Legal Info Nova Scotia: Moving Beyond the Binary: A Guide on How to Make Your Organization
Meaningfully Inclusive of Two-Spirit, Trans, Non-Binary, and Gender Diverse People.