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I’m not sure if OP meant sex or gender. I can’t think of a medically relevant reason to know an incapacitated person’s gender. Maybe someone with any experience or knowledge there can chime in.
My understanding of the legal discrimination argument is that whether someone holds a particular gender identity is irrelevant. If the perpetrator perceives someone to be of a particular gender, and acts with intent to discriminate against someone based on that belief, regardless of whether or not it’s true, that still constitutes gender discrimination. But IANAL.
Gender, and other factors that aren't as "medically relevant", may help the staff pick between two treatment options. The patient's comfort and happiness can affect their overall wellbeing.
Say someone grows up in a culture where their gender (or some cultural group the person can belong to) usually has long hair. A particular treatment may have two options:
Knowing what gender (or other group) the person belongs to might inform their decision.
Note, this is about why medical staff might want to know about gender identity and not the original question of how many legal genders we should have.
For your shaving the head example I would argue that if the person is incapacitated and needing urgent care the solution with the most chance of success should be preferred regardless of gender norms. If both are equally likely the one that doesn't remove hair should be preferred. You might be a man with attachment to your long hair even in a society where that's uncommon, gender does not dictate anything of the sort. So I still don't see a reason why gender is relevant medically.
As a guy with long hair i can tell you i would be pissed if they shaved my head while an alternative was available.
The alternative: Death
That's fair, and it was a poor example on my part.
If one treatment is much better, then yes that one would be preferred. Generally when there are two treatments being weighed, both will have consequences (else one would obviously be better).
My point was that knowing things about a person, outside of their physical biology, can get better outcomes. It should never be REQUIRED for the patient to share it, but we should educate medical staff about their community so that they can use that information when it is helpful.
Some other examples, that aren't specific to gender
At the same time, the person shouldn't be making assumptions based on someone falling into a particular group, and they should confirm whatever it is they are checking for.
IMO, knowing about gender is less important in places where it doesn't carry as much cultural weight. As another example, if someone identifies as a woman in a culture where they don't want to be alone with a male figure, knowing their identity might remind the staff to bring someone else who identifies as a woman into the exam room.
We need to finish naming all 12,000 mushroom genders before we can make laws about them
Pretty sure you're right about that. A person's state of mind (or "mens rea" if you're in the profession) is an often crucial component of criminal acts. If someone assaults someone because they think they're Muslim, the fact that they're actually Mexican doesn't make it ok.
BUT, the other side to that is, say for example someone's gender is male and their sex is female, but they present masculine. If they reveal their sex to someone, and that person discriminates against them for being a woman, how is the victim supposed to claim their protected status? If it's not apparent and it's not documented, it will be difficult to claim those protections in court.
I am also not a lawyer 🤷♀️
discriminatory law is not about individuals actions, it's about institutional ones.
Just spitballing here, but:
Maybe we need to turn this around, maybe we should consider defaulting to the assumption that people should not be able to discriminate against other people for any reason instead of just being protected against "certain" kinds of discrimination. If we are going to allow discrimination for certain reasons, maybe we should make those allowed forms of discrimination the ones that need to be spelled out explicitly. If you don't have a good reason to discriminate against someone about something, maybe don't discriminate them? Maybe that's a bit outlandish, maybe I'm not thinking it through, I don't know, but it seems reasonable enough to me.
because that's not how people work. you are arguing form an impossible ideal.
you yourself incessantly discriminate people based on their appearances. the point is to prevent people from those discriminations institutionally.
every single day you are dismissing or admiring people based on how they look, they speak, etc. and your 'reasonable' for these things is wildly different than somebody else's. human beings are not capable individually of the levels of self-awarenesss you are presuming exist, even in yourself.
the laws are largely to prevent systematic and institutional discrimination, individual human beings will always be discriminatory. A individual person hiring at a large org can still discriminate, but the institution itself can't because legally if there is a pattern of multiple discriminatory practices that can be actioned against.
You're getting into limiting free speech area there, im sure a lot of people would be very against something like that, however good the intentions may be.