Do Transmen Benefit From Replacing Sex with Gender Identity in Law?

While many trans men have taken steps to present as male and may prefer to be addressed by male names and pronouns, a feminist analysis of their concrete experiences suggests that they face disadvantages—rooted in sex-based social patterns—similar to those experienced by women in general. These disadvantages are often obscured when gender identity is prioritized over sex in law and policy.

Lesbian Social Spaces

Trans men and lesbians share a long history, and many lesbians are in romantic partnerships with trans men, grounded in same-sex attraction and a shared cultural heritage. When gender identity is prioritized over sex, these relationships can become complicated. Trans men may experience coercion to sever relationships with lesbians. Additionally, the exclusion of trans men from lesbian social spaces on the basis of gender identity, not sex, means that couples are unable to enter those spaces together. Lesbian communities have been significantly affected by gender identity policies and laws, placing even the very definition of lesbian sexual orientation at risk.

Homeless Shelters

According to Invisible Men: FTMs and Homelessness in Toronto, 61% of respondents reported avoiding the shelter system. Many expressed fears of violence in men’s shelters and concerns that their male identity and dignity would be questioned or ridiculed in women’s shelters. As a result, they often chose to sleep outdoors, couch-surf, live in substandard housing, or strategically use shelter services without staying overnight.

Incarcerated Trans Men

Data from Correctional Service Canada indicate that, of 21 trans men incarcerated in federal prisons, only one opted to be housed in a men’s facility. By contrast, one-third of the 98 trans women in custody were placed in women’s facilities.

Reproductive Needs

While the exact prevalence of pregnancy among trans men is unknown, surveys of gender-diverse youth suggest that they experience pregnancy at rates similar to young women in general. If reproductive health needs are excluded from data collection, service provision, and educational initiatives, trans men risk being overlooked in essential health care planning.

Sexual Assault

Multiple sources, including The Trevor Project and Abern et al., report that approximately half of trans men experience sexual assault at some point in their lives. This underscores the need for preventative measures, accessible reporting mechanisms, and supportive services such as rape crisis centres.

Intimate Partner Violence (IPV)

Closson et al. (2024) found that trans men experience IPV at a rate 6.7 times higher than women in general. Barriers to support include skepticism due to masculine presentation and difficulty accessing women’s safe houses in emergencies.

Eating Disorders

Eating disorders are more prevalent among natal females, and trans men are no exception. According to The Trevor Project, 12% of surveyed trans men had a diagnosed eating disorder, compared to 6% of trans women. When legally classified as male, trans men may be excluded from sex-specific education, prevention, and treatment programs, leading to underreported and underserved needs.

Physical Assault

Closson et al. also found that trans men are disproportionately vulnerable to physical assault. As with sexual assault and IPV, this vulnerability reflects sex-based patterns of violence and requires targeted prevention and response strategies.

Poverty

Poverty among trans men follows a sex-based pattern similar to women’s. A 2017 survey found that 33.7% of trans men live in poverty, compared to 29.6% of trans women. While trans men often earn higher wages in lower-paying jobs than trans women, trans women are more frequently employed in higher-paying occupations (TransPulse Survey).

Conclusion

The evidence across these domains demonstrates that many of the disadvantages experienced by trans men are rooted in sex-based patterns of vulnerability, social inequality, and health needs. When legal and policy frameworks prioritize gender identity to the exclusion of sex, the material realities associated with being female are obscured. As a result, trans men may be excluded from sex-specific protections, services, and data collection that are essential for addressing their health, safety, and economic well-being. Recognizing trans men as female in contexts where sex is materially relevant is therefore critical to ensuring that their needs are neither overlooked nor misclassified, and that interventions designed to address women’s inequalities remain accessible to all who are affected by them.