Sex
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SEX. The physical difference between male and female in animals.
2. In the human species the male is called man, (q.v.) and the female,
woman. (q.v.) Some human beings whose sexual organs are somewhat imperfect,
have acquired the name of hermaphrodite. (q.v.)
3. In the civil state the sex creates a difference among individuals.
Women cannot generally be elected or appointed to offices or service in
public capacities. In this our law agrees with that of other nations. The
civil law excluded women from all offices civil or public: Faemintae ab
omnibus officiis civilibus vel publicis remotae sunt. Dig. 50, 17, 2. The
principal reason of this exclusion is to encourage that modesty which is
natural to the female sex, and which renders them unqualified to mix and
contend with men; the pretended weakness of the sex is not probably the true
reason. Poth. Des Personnes, tit. 5; Wood's Inst. 12; Civ. Code of Louis.
art. 24; 1 Beck's Med. Juris. 94. Vide Gender; Male; Man; Women; Worthiest
of blood.