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I recognize that you consider them a group of people. But I am trying to understand your position. It sounds like you want the law to be blind to trans people/men/women, because any laws pertaining to a singular gender would be discriminatory.
Surely you can’t be speaking for all countries, though, when you say that it’s up to the judge? I would have thought that some countries would handle these things as a matter of law. In that case, wouldn’t it make sense to have a law for transgender people that’s different for men and women and trans people,?
In Australia, for example, it seems that trans women go to men’s prison; resulting in negative outcomes for the inmate. Perhaps a law in Australia would prevent that from happening?