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Is Gender Identity a Protected Class/Trait in Washington D.C.? How Does this Relate to Membership Eligibility?

Posted on August 4, 2025August 6, 2025 by Laura McDonald

Members that support allowing men that self-identify as women being eligible for membership in the DAR say:

“If transgenders are listed as a protected class, then it is illegal to discriminate against them per federal law. They are a protected class in Washington DC as shown below:

Office of Human Rights – Protected Traits by Enforcement Area

Thus, it would be ILLEGAL to deny membership based on gender identity in that city.”

Notice that the linked document outlines the Protected Traits by Enforcement Area.

Notice that there is no mention of Private Member Associations.

Notice that in addition to “Gender Identity & Expression” being listed as a Protected Trait, the document also lists “Sex” as a Protected Trait.

Applying this same logic means that it would be illegal for the DAR to exclude men that do not self-identify as women which, of course, we know is not the case.

These men would not be denied membership in the DAR based on their gender identity, they would be denied membership based on their sex.

In addition, the PG confirmed all of this in her FAQ when she said:

“In addition to being a public accommodation and employer, DAR is also a private membership association. Its membership policies are generally considered outside of the scope of anti-discrimination laws when membership is restricted to people who share a protected characteristic – in this case, women.”

This is why its important to push back when people tell you things as a matter of fact. What they’re telling you is simply not true.

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