CBA Record May-June 2022

NOTA BENE BY KATHLEEN DILLON NARKO

1. Respect a person’s chosen pronouns. If you’re not sure – ask. This is the fundamental rule of using inclusive pro nouns: respect and use the pronouns a person chooses. A person may use “they/them/theirs” or “ze/hir/hirs” or other gender-neutral pronouns. One should respect the individual’s choice. According to many current style guide lines, if you are writing about a person who uses “they” as their pronoun, you must use it. When writing to a court or others who may be unfamiliar with gender-neutral pro nouns, you may explain pronoun choice in a footnote.

U sing pronouns like the singular they includes individuals who do not identify with the male/female binary. In my last column, I covered WHY we should use inclusive pronouns for nonbinary or gender-fluid individuals. (“The Power of Pronouns: 5 Years Later,” 36 CBA Record 40 (January/Feb ruary 2022)). This column will cover HOW to do that while still writing clearly. Isn’t the singular “they” incorrect grammar? It may seem so for those of us who grew up priding ourselves on following every rule of grammar to the letter. We should take a broader view of grammar and language, however. Language changes all the time, and our usage changes, too. Use of the sin gular they when the gender of a person is unknown has been around for centuries. We hear it all the time in conversation and informal writing. Now we are seeing the change to use “they” to refer to those who do not identify with the he or she binary. As the Purdue University Owl grammar website states, “He and she are not sufficient to describe the genders of all people, because not all people are either male or female. As such, the phrase ‘he or she’ does not cover the full range of persons.” Most commentators view the extension of the singular they to nonbinary persons as merely an adjustment or reorienta tion of our grammar rules and language use. We saw it 50 years ago when “he” became “he or she.” Now we are witness ing “he or she” become “they,” all to become more inclusive. Tips for InclusiveWriting As lawyers, we all strive to write clearly and use our words precisely. It may sound incorrect to us to use inclusive pro nouns, but we can make it work. I hope the tips below will help alleviate any fear you may have of writing con fusing sentences with they and other inclusive pronouns. Ihavecompiled tips tohelpwriteclearlyandaccuratelywhile still being inclusive. My thanks to Anne Ellis, who provided the frame work for many of these tips in her recent CBA seminar, “Pronoun Use & Other Tips for Writing in a Diverse Legal Environment.” They/them/their: How toWrite Clearly with Inclusive Pronouns Kathleen Dillon Narko is a Clinical Professor of Law at Northwestern Pritzker School of Law and a member of the CBARecord Editorial Board.

2. Use the singular they. “Every member has paid their dues.”

Change: “An employee who believes he/she is the subject of dis crimination should report it to Human Resources immediately.” To: “An employee who believes he/she/they is the subject of discrimination should report it to Human Resources immedi ately.”

3. Repeat the gender-silent noun. “A person is entitled to a benefit if the person….”

Change: “When a shareholder misses a regularly scheduled meet ing to address a proposed bylaw change, he must review the min utes of the meeting within two days.” To: “When a shareholder misses a regularly scheduled meeting to address a proposed bylaw change, the shareholder must review the minutes of the meeting within two days.” These examples are from Professor Suzanne Rowe, who noted, “This solution is especially effective if there’s a gap of several

words between the noun and the pronoun.” See, “Using the Sin gular ‘They’ Clearly: Finessing Gendered Pronouns,” Oregon State Bar Bulletin (2022).

4. Refer back to a defined term. Change: “His or her employment” To: “The Executive’s employment”

5. Replaceagender-specificpronounwithadefinitearticle. Change: “An inexperienced paralegal will interrupt his attorney multiple times with minor questions.

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