Words by VUW Rainbow Law Students Society 2024
The law applies to all of us. It should be written in an inclusive and accessible way to reflect this. Gender neutral language is not a radical concept. “They” has been used as a personal pronoun in the English language since the 14th century. In te reo Māori the word that is used for all pronouns is “ia”.
Law students will know the drill: you are studying an old case, and the person in question is referred to as the “man” before the law—“he”, “him”, “his” and so forth. The lecturer will read out:
“He” …. pause…. “or she!”
And to their credit, that is a fair attempt. However, if we pause again and think about it…. we could get rid of the clunky “he/she”, “himself/herself”, “man/woman”, and use the all-encompassing pronoun “they” and the term “person” (with a smaller word count, too).
The entity responsible for drafting legislation is the Parliamentary Counsel Office (PCO). Clause 8.2 of the PCO Style Guide explains the importance of gender neutral language in legislative drafting. The guide uses examples of how to leave out pronouns by repeating nouns and how the personal pronoun “they” can be used effectively without creating ambiguity. Every law student’s best friend, the New Zealand Law Style Guide also encourages avoiding gender specific language.
However, gender identity is becoming increasingly politicised in Aotearoa following an international wave of transphobic narratives. New Zealand First is contributing to the transgender-exclusionary discourse based on binary concepts of sex, rather than gender as a spectrum. So far, they have begun challenging legislative definitions of “woman”’ and “gender identity” in press conferences and through interjections in the debating chamber, and have recently put forward the ironically named “Fair Access to Bathrooms Bill”. The members’ bill seeks to introduce a fine for bathrooms not being used by the intended “single-sex” that the bathroom is dedicated to, which would result in our trans and non-binary whānau facing fines just for taking a piss. Long may it stay at the bottom of the biscuit tin…
If gender neutrality in legal language has never crossed your mind previously, that is okay! Gender inclusivity can be a practice to incorporate in tutorial discussions, revising legal tests, problem questions, and discussing statutory implications. Gender neutrality at law school is important for our non-binary, takatāpui and transgender students. One non-binary student explains: “When I hear a tutor or lecturer use the pronoun ‘they’, it makes me feel seen and enhances my ability to connect with my legal learning”.
As future legal practitioners, we have a duty to represent the public and help our community. As we deconstruct the gender binary in more visible spaces, we need to ensure that the law is accessible and inclusive.