Note: The Supreme Judicial Court of Massachusetts issued a case on 10/4/16 that renders all statutes in Massachusetts gender neutral and levels the playing field in Probate and Family Court for same sex unmarried couples under G.L.c. 209C, the Paternity Statute, see Partenan v. Gallagher http://www.mass.gov/courts/docs/sjc/reporter-of-decisions/new-opinions/12018.pdf
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I both interpret and use “gendered” terms all the time when context clearly indicates that gender specificity is not actually required. It’s a case study in how language evolves.