Nature versus nurture: 'Sex' and 'gender' before the Romanian Constitutional Court: A critical analysis of decision 907/2020 on the unconstitutionality of banning gender perspectives in education and research

• Published in: European constitutional law review 2021-12, Vol.17 (4), p.724-752
• Main Authors: Elena Brodeala, Georgiana Epure
• Format: Article
• Language: English
• Subjects: Bans; Case law; Constitutional courts; Constitutional law; Domestic violence; Education; Education, Higher; Equal rights; Equality; European cultural groups; Family policy; Gender equity; Gender identity; Gender inequality; Gender roles; Gender stereotypes; Gender studies; Genetics; Ideology; Judicial power; Learning activities; Legislatures; LGBTQ people; Marriage; Memoranda; Men; Professional development; Referendums; Reproductive rights; Rule of law; Same sex marriage; Sex discrimination; Sex education; Sexuality; Social environment; Women; Womens rights; Workplaces
• ISSN: 1574-0196; 1744-5515
• DOI: 10.1017/S1574019622000013

Anti-gender groups have proliferated around Europe and beyond. These groups are known to advocate against 'gender ideology' - an umbrella term used to legitimise attacks on gender equality, women's rights, particularly sexual and reproductive rights, LGBT rights, and comprehensive sexuality education. 'Gender ideology' is an 'empty signifier', a vacuous catch-all term, which allows diverse actors to form coalitions precisely because of the vagueness of the term that is intended to denote a general 'rejection of the development of family policies, gender equality, gender studies, sexuality policies and sex education'. In effect, it works as a successful rallying cry that can unite a broad range of actors with opposing ideologies to galvanise support for measures that are perceived to be protecting 'traditional values'.