By Steve Klepper

Fear: Why on earth are you writing yet another post on the singular “they”? The people who want to hear you have heard you, and you’re annoying everyone else!

Joy: There are lawyers who are trans or have trans loved ones who may not feel comfortable speaking up! It’s Baltimore Pride!

Since I last advocated for the singular “they” in place of “he or she” on this blog in 2021, there have been 547 Maryland appellate opinions with the phrase “he or she.”

“He or she” phrase reflects the best of intentions, to include everyone, not just men, when legal opinions discuss the hypothetical person.

The unintentional effect, however, is to exclude people whose gender identity does not fit the “he or she” binary. If you or a loved one’s gender identity is nonbinary, “he or she” says “you don’t belong” or “your family doesn’t belong”

Perhaps it feels like “‘wokeness’ of the day,” to quote a Michigan Supreme Court Justice. Here in Maryland, however, “he or she” is legally inaccurate across the board as of October 1, 2024.