30 July 2010
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Confusing sexual orientation with gender identity
by Ms G. Calleja

From Ms G. Calleja



In an article by Prof. Pierre Mallia that appeared on 1 April, a number of references were made to sexual orientation in relation to gender issues. It appears that despite being a qualified medical practitioner and a university lecturer, Prof. Mallia confuses sexual orientation with gender identity. So, perhaps some clarifications are in order.

Sexual orientation refers to the attraction an individual has to a person of the opposite sex (heterosexuality), of the same sex (homosexuality) or to either of the two (bisexuality). Lesbian, gay or bisexual individuals do not feel they are in the wrong body. However, much of the prejudice they experience is often related to society’s expectations of men and women and how these should relate to each other, behave and dress. Therefore, for example, a lesbian couple may be seen as challenging the patriarchal role of men in families and the notion that a male breadwinner is necessary. The way that domestic work is divided in same sex families can also challenge the stereotypical gender role expectations for male/female households.

Moreover, lesbians have often played an important role in feminist movements all over the world, such as in the suffragette movements of the USA and the UK. The common perception of gay men as effeminate is another clear example of the manner in which gender expression is linked to sexual orientation and the bullying, harassment and discrimination that gay men are often subjected to. Emancipation that challenges gender stereotypes and allows for a wider range of expressions and identities by both men and women therefore benefits individuals of all sexual orientations.

Gender Identity refers to whether one identifies as male or female. For an individual whose gender identity does not match the sex that was assigned to them at birth, the term transgender/transsexual and not homosexual applies. Many transsexual people will seek hormonal and/or surgical treatment in order to bring their body into alignment with their gender identity. Once again, contrary to the opinion of Prof. Mallia, discrimination on the grounds of gender identity has been recognised by the European Court of Justice as discrimination on the grounds of gender. Recital 3 of Council Directive 2006/54/EC on the equal treatment of women and men in employment states: “The Court of Justice has held that the scope of the principle of equal treatment for men and women cannot be confined to the prohibition of discrimination based on the fact that a person is of one or other sex. In view of its purpose and the nature of the rights it seeks to safeguard, it also applies to discrimination arising from the gender reassignment of a person.”

Equality between men and women is not threatened but only enhanced when issues of gender identity and sexual orientation are also considered since sexual minorities often challenge deep-seated prejudices and stereotypes of how men and women should be and what they can or cannot do.



Gabi Calleja

Coordinator MGRM

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