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Defining Sexual Orientation & Gender Identity

Humans have both a sexual orientation and a gender identity. Sexual orientation refers to a person’s “emotional, affectional and sexual attraction to…individuals of a different gender or the same gender or more than one gender.” International Commission of Jurists, Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity (2007) (“Yogyakarta Principles”), Preamble. Heterosexuality, homosexuality and bisexuality are all sexual orientations. The terms lesbian, gay and bisexual also refer to an individual’s sexual orientation.

Gender identity refers to “each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth.” See Yogyakarta Principles, Preamble. Many individuals identify as male or as female. However, some individuals may identify with a non-binary gender or with no gender at all. A person’s gender identity may be different than the gender that society might attribute to that person on the basis of external signifiers such as clothing or mannerisms.

Transgender individuals identify with a gender other than the one they were assigned at birth.

Additionally, intersex persons are individuals who are “born with sexual anatomy, reproductive organs and/or chromosomal patterns that do not fit the typical definition of male or female.” UN Office of the High Commissioner for Human Rights, Free and Equal: Sexuality and Gender are not Black and White. This term is used to describe a wide variety of characteristics. Intersex persons, like others, have a sexual orientation and gender identity.

Collectively, members of sexual minority groups are frequently referred to using the acronym “LGBTI,” which stands for lesbian, gay, bisexual, trans and intersex. Discrimination on the basis of sexual orientation and gender identity also affects individuals whom others merely assume or perceive to belong to a sexual minority.

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