They,their,them: A case for non-gendered language in Australian judgments

Abstract

This article considers the use of binary gendered language in Australian legal writing, particularly in the written decisions of Australia's courts. The article contends that, given the increasing litigation of issue surrounding gender identity, it would be prudent for Australian judges to use non-gendered language in their judgments. The article includes proposals as to how judges might be encouraged to employ non-gendered language in their judgments.