If a corporation is a “Person,” what’s its gender identity?

If everyone is equal under the law in the USA, no matter our gender, then why is gender identity causing so many conflicts in our courts and greater culture?

And if corporations are considered to be people under the law, then those corporations must also have a gender identity, which is what? And how can you tell? And are they ascribed all the rights and privileges of males or non-males under the law?

When there’s a merger / marriage of two corporation “persons,” do their respective gender identities cause them any of the same challenges within the law or culture that real persons do when they choose to marry? If not, why not? I mean, if corporations are simply “persons” under the law who want to “merge” just like real people who want to marry, then, why not? I think I’m on to something here. (But, I often think that and turns out, not so much.)

Example A: Registering for a Test

A few months ago I registered to take the LSAT (Law School Admissions Test). The registration required I answer a series of multiple choice questions, several of which were on Gender Identity and Sexual Orientation.

I was shocked. This is just to REGISTER for a test. Register. For a test. Not take the test, but to register for the test. Answering the questions was required in order to complete the registration. Really?

Screen Shot 2018-12-16 at 9.19.49 PM
This is a real screenshot of one of the registration questions to sign up to take the LSAT. As you can see, it rejected my “preferred answer” in red, complete with the exclamation mark warning icon. Just because they’re collecting personal data doesn’t mean I have to give it; oh, and “prefer not to answer” IS AN ANSWER. Requiring such an answer simply to complete a test registration, plus pay $200 is over-reach, IMHO.

I couldn’t help but think the obvious: If a person MUST identify as a gender other than human being; and if a corporation and/or organization is considered to be a person, then it too MUST have a gender assignment. What is it?

Maybe they should tell me their Gender Identity and Sexual Orientation first. I mean, really, at the registration stage, we’re still complete and absolute strangers! Mon dieu!

Example B: ebay

According to ebay’s own reports, of its 6 million sellers, 72-81% are white male. Ebay is a corporation; which means ebay is a person under the law. But, if its a person, then it must have a gender identity. Does that mean ebay is a white male corporation person? Does that even matter? How would we know if it matters? How does the gender identity of a monopoly “person” impact the greater market CULTURE, if at all?

San Jose, California, Usa - August 12, 2018: Ebay Headquarters A
Does a corporation “person” have a gender identity? If so, which? If not, then why are individual “persons” classified by gender identity but corporation “persons” are not? And does it matter?

I think these are fair questions. Admittedly, I have never fully understood how a corporation gained person status under the law without being held to the same skewed gender biases that real people live with and under.

How do we justify gender bias against a non-“just male” human singular person without also assigning gender to a corporation person and holding them to the same laws and cultural “norms” ascribed to their gender too?

Which only begs the next question:

Does a corporation choose its gender identity or are they born & developed that way, such as monopoly ebay’s 72-81% white male seller base?

Which gender rights does a corporation “person” have under the law: male or non-male?

Do corporations who identify as anyone other than male have the same rights under the law as corporations who identify as “just male”?

I’m adding this to my list of law questions to research for the podcast. I’m curious, its a fun question, and I’ve not seen anything on it. (Sometimes there’s a reason for that; sometimes not, but only one way to find out: do a little more diggin’!)

Next step: Find legal definition of “person”…


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