Butler argues that the performance of gender itself creates gender. Additionally, she compares the performativity of gender to the performance of the theater. She brings many similarities, including the idea of each individual functioning as an actor of their gender. However she also brings into light a critical difference between gender performance in reality and theater performances. She explains how the theater is much less threatening and does not produce the same fear that gender performances often encounter because of the fact that there is a clear distinction from reality within the theater.

regulative discourses.” These, also called “frameworks of intelligibility” or “disciplinary regimes,

https://en.wikipedia.org/wiki/Judith_Butler

The idea of identity as free and flexible and gender as a performance

You may think that I am in fact telling a story about the prehistory of the subject, one that I have been arguing cannot be told. There are two responses to this objection. (1) That there is no final or adequate narrative reconstruction of the prehistory of the speaking “I” does not mean we cannot narrate it; it only means that at the moment when we narrate we become speculative philosophers or fiction writers. (2) This prehistory has never stopped happening and, as such, is not a prehistory in any chronological sense. It is not done with, over, relegated to a past, which then becomes part of a causal or narrative reconstruction of the self. On the contrary, that prehistory interrupts the story I have to give of myself, makes every account of myself partial and failed, and constitutes, in a way, my failure to be fully accountable for my actions, my final “irresponsibility,” one for which I may be forgiven only because I could not do otherwise. This not being able to do otherwise is our common predicament (Giving an account of Oneself: page 78).

Nussbaum goes on to explicitly oppose the concept of a disgust-based morality as an appropriate guide for legislating. Nussbaum notes that popular disgust has been used throughout history as a justification for persecution. Drawing upon her earlier work on the relationship between disgust and shame, Nussbaum notes that at various times, racism, antisemitism, and sexism, have all been driven by popular revulsion.