section_path: Etymology and usage/History of the concept
section_name: History of the concept
paragraph_text: History of the concept
  
  The concept of gender, in the modern social science sense, is a recent invention in human history. The ancient world had no basis of understanding gender as it has been understood in the humanities and social sciences for the past few decades. The term gender had been associated with grammar for most of history and only started to move towards it being a malleable cultural construct in the 1950s and 1960s.
  
  Before the terminological distinction between biological sex and gender as a role developed, it was uncommon to use the word gender to refer to anything but grammatical categories. For example, in a bibliography of 12,000 references on marriage and family from 1900 to 1964, the term gender does not even emerge once. Analysis of more than 30 million academic article titles from 1945 to 2001 showed that the uses of the term "gender", were much rarer than uses of "sex", was often used as a grammatical category early in this period. By the end of this period, uses of "gender" outnumbered uses of "sex" in the social sciences, arts, and humanities. It was in the 1970s that feminist scholars adopted the term gender as way of distinguishing "socially constructed" aspects of male–female differences (gender) from "biologically determined" aspects (sex).
  
  As of 2024, many dictionaries list "synonym for 'sex'" as one of gender' s meanings, alongside its sociocultural meaning. According to the Oxford English Dictionary, gender came into use as a synonym for sex during the twentieth century, initially as a euphemism, as sex was undergoing its own usage shift toward referring to sexual intercourse rather than male/female categories. During the last two decades of the 20th century, gender was often used as a synonym for sex in its non-copulatory senses, especially outside the social sciences. David Haig, writing in 2003, said "the sex/gender distinction is now only fitfully observed." Within the social sciences, however, use of gender in academia increased greatly, outnumbering uses of sex during that same period. In the natural sciences, gender was more often used as a synonym for sex. This can be attributed to the influence of feminism. Haig stated, "Among the reasons that working scientists have given me for choosing gender rather than sex in biological contexts are desires to signal sympathy with feminist goals, to use a more academic term, or to avoid the connotation of copulation." Haig also notes that "gender" became the preferred term when discussing phenomena for which the social versus biological cause was unknown, disputed, or actually an interaction between the two. In 1993, the US Food and Drug Administration (FDA) started to use gender instead of sex to avoid confusion with sexual intercourse. Later, in 2011, the FDA reversed its position and began using sex as the biological classification and gender as "a person's self-representation as male or female, or how that person is responded to by social institutions based on the individual's gender presentation."
  
  In legal cases alleging discrimination, a 2006 law review article by Meredith Render notes "as notions of gender and sexuality have evolved over the last few decades, legal theories concerning what it means to discriminate "because of sex" under Title VII have experienced a similar evolution". In a 1999 law review article proposing a legal definition of sex that "emphasizes gender self-identification," Julie Greenberg writes, "Most legislation utilizes the word 'sex,' yet courts, legislators, and administrative agencies often substitute the word 'gender' for 'sex' when they interpret these statutes." In J.E.B. v. Alabama ex rel. T.B., a 1994 United States Supreme Court case addressing "whether the Equal Protection Clause forbids intentional discrimination on the basis of gender", the majority opinion noted that with regard to gender, "It is necessary only to acknowledge that 'our Nation has had a long and unfortunate history of sex discrimination,' id., at 684, 93 S.Ct., at 1769, a history which warrants the heightened scrutiny we afford all gender-based classifications today", and stated "When state actors exercise peremptory challenges in reliance on gender stereotypes, they ratify and reinforce prejudicial views of the relative abilities of men and women."