Legal Categorization of 'Transgender'

Legal Categorization of 'Transgender'
Author: Kimberly Tao
Publisher: Cambridge University Press
Total Pages: 70
Release: 2024-03-13
Genre: Language Arts & Disciplines
ISBN: 1009221213

This Element analyzes the foundational frame of legal reasoning when courts interpret the 'plain language' and 'ordinary meaning' of terms such as 'sex', 'man' and 'woman'. There is a rich and complicated line of cases on how to define these terms and how to legally categorize transgender people. When dealing with different legal issues, judges need to give a clear 'yes' or 'no', determinate answer to a legal question. Marginal categorizations could be problematic even for experts. It analyses nine decisions that relate to transgender people's workplace protection under Title VII in United States and the right to marry in United Kingdom and Hong Kong. It brings in a historical discussion of the development of interpretative practices of law and legal categorization of transgender individuals across past decades, drawing on the intricate relationship between time and statutory interpretation.

The Legal Status of Transsexual and Transgender Persons

The Legal Status of Transsexual and Transgender Persons
Author: Jens M. Scherpe
Publisher: Intersentia Uitgevers N V
Total Pages: 550
Release: 2015-06-15
Genre: Law
ISBN: 9781780681962

The need to allow for a legal change of sex/gender, in certain cases, is no longer disputed in most jurisdictions. For European countries, there is no question as to whether such a change should be allowed after the decision of the European Court of Human Rights in Goodwin v. United Kingdom (Application No. 28957/95). The question has therefore shifted to what the requirements should be for such a legal change. Many jurisdictions have legislated or developed an administrative approach to changing sex/gender, but the requirements differ significantly from jurisdiction to jurisdiction, particularly with regard to age, nationality, and marital status, as well as the medical and psychological requirements. The latter, in some jurisdictions, still include surgery and sterility as a precondition, thus potentially forcing the persons concerned to choose between the recognition of their sex/gender identity and their physical integrity. This book examines questions that are thus far under-researched, namely what the full legal consequences of a legal change of sex/gender should be - for example, with regard to the existing legal relationships, such as marriages and registered partnerships, but also concerning children and parentage. The Legal Status of Transsexual and Transgender Persons is the result of an international research project, including not only national reports from 14 European and non-European jurisdictions, but also two chapters that look at legal sex/gender changes from a Christian perspective, and one chapter from a medical-psychological perspective. The final chapter compares and contrasts the different approaches and requirements and makes recommendations for best practice and law reform.

Normal Life

Normal Life
Author: Dean Spade
Publisher: Duke University Press
Total Pages: 194
Release: 2015-07-23
Genre: Social Science
ISBN: 082237479X

Revised and Expanded Edition Wait—what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.

Transgender History

Transgender History
Author: Susan Stryker
Publisher:
Total Pages: 210
Release: 2008-05-06
Genre: Social Science
ISBN: 158005224X

A chronological account of transgender theory documents major movements, writings, and events, offering insight into the contributions of key historical figures while discussing treatments of transgenderism in pop culture. Original.

Transgender Family Law

Transgender Family Law
Author: Edited by Jennifer L. Levi & Elizabeth E. Monnin-Browder
Publisher: Author House
Total Pages: 326
Release: 2012-04-19
Genre: Law
ISBN: 1468554530

Transgender people have unique needs and vulnerabilities in the family law context. Any family law attorney engaged in representing transgender clients must know the ins and outs of this rapidly developing area of law. Transgender Family Law: A Guide to Effective Advocacy is the first book to comprehensively address legal issues facing transgender people in the family law context and provide practitioners the tools to effectively represent transgender clients. The chapters address a broad range of topics, including: Culturally Competent Representation, Recognition of Name and Sex, Relationship Recognition and Protections, Protecting Parental Rights, Relationship Dissolution, Parental Rights after Relationship Dissolution, Custody Disputes Involving Transgender Children, Protections for Transgender Youth, Intimate Partner Violence, Estate Planning and Elder Law. Written by attorneys with expertise in both family law and advocacy for transgender clients, including: Kylar W. Broadus, Patience Crozier, Benjamin L. Jerner, Michelle B. LaPointe, Jennifer L. Levi, Morgan Lynn, Shannon Price Minter, Elizabeth E. Monnin-Browder, Zack M. Paakkonen, Terra Slavin, Wayne A. Thomas Jr., Deborah H. Wald, and Janson Wu, Transgender Family Law is a must-have, practical guide for attorneys interested in becoming effective advocates for their clients. It is also a valuable resource to consult for any transgender person who is forming, expanding, or dissolving a family relationship.

Gendered Asylum

Gendered Asylum
Author: Sara L McKinnon
Publisher: University of Illinois Press
Total Pages: 257
Release: 2016-09-01
Genre: Social Science
ISBN: 0252098889

Women filing gender-based asylum claims long faced skepticism and outright rejection within the United States immigration system. Despite erratic progress, the United States still fails to recognize gender as an established category for experiencing persecution. Gender exists in a sort of limbo segregated from other aspects of identity and experience. Sara L. McKinnon exposes racialized rhetorics of violence in politics and charts the development of gender as a category in American asylum law. Starting with the late 1980s, when gender-based requests first emerged in case law, McKinnon analyzes gender- and sexuality-related cases against the backdrop of national and transnational politics. Her focus falls on cases as diverse as Guatemalan and Salvadoran women sexually abused during the Dirty Wars and transgender asylum seekers from around the world fleeing brutally violent situations. She reviews the claims, evidence, testimony, and message strategies that unfolded in these legal arguments and decisions, and illuminates how legal decisions turned gender into a political construct vulnerable to American national and global interests. She also explores myriad related aspects of the process, including how subjects are racialized and the effects of that racialization, and the consequences of policies that position gender as a signifier for women via normative assumptions about sex and heterosexuality. Wide-ranging and rich with human detail, Gendered Asylum uses feminist, immigration, and legal studies to engage one of the hotly debated issues of our time.

The Queer and Transgender Resilience Workbook

The Queer and Transgender Resilience Workbook
Author: Anneliese A. Singh
Publisher: New Harbinger Publications
Total Pages: 224
Release: 2018-02-02
Genre: Self-Help
ISBN: 1626259488

How can you build unshakable confidence and resilience in a world still filled with ignorance, inequality, and discrimination? The Queer and Transgender Resilience Workbook will teach you how to challenge internalized negative messages, handle stress, build a community of support, and embrace your true self. Resilience is a key ingredient for psychological health and wellness. It’s what gives people the psychological strength to cope with everyday stress, as well as major setbacks. For many people, stressful events may include job loss, financial problems, illness, natural disasters, medical emergencies, divorce, or the death of a loved one. But if you are queer or gender non-conforming, life stresses may also include discrimination in housing and health care, employment barriers, homelessness, family rejection, physical attacks or threats, and general unfair treatment and oppression—all of which lead to overwhelming feelings of hopelessness and powerlessness. So, how can you gain resilience in a society that is so often toxic and unwelcoming? In this important workbook, you’ll discover how to cultivate the key components of resilience: holding a positive view of yourself and your abilities; knowing your worth and cultivating a strong sense of self-esteem; effectively utilizing resources; being assertive and creating a support community; fostering hope and growth within yourself, and finding the strength to help others. Once you know how to tap into your personal resilience, you’ll have an unlimited well you can draw from to navigate everyday challenges. By learning to challenge internalized negative messages and remove obstacles from your life, you can build the resilience you need to embrace your truest self in an imperfect world.

The Psychobiology of Transsexualism and Transgenderism

The Psychobiology of Transsexualism and Transgenderism
Author: Dana Jennett Bevan Ph.D.
Publisher: Bloomsbury Publishing USA
Total Pages: 205
Release: 2014-11-17
Genre: Health & Fitness
ISBN:

Written by a biopsychologist, this book describes and explains transsexualism and transgenderism (TSTG) from a scientific vantage point. Why does a male violate cultural gender rules and dress and act as a woman? Why does a female violate cultural rules to dress and act as a man? Why do some males and females undergo radical medical procedures in order to permanently change their bodies so that they are closer, respectively, to female and male bodies? In this book, a Princeton University-trained physiological psychologist explores dozens of theories about what may spur transsexual and transgender (TSTG) thinking, exposes the myths of fetishism, homosexuality, prenatal hormones, or child rearing as causes, and explains the two causes that are supported by current science. Covering a breadth of topics that include neuroanatomy, choice, psychodynamics, and transsexual transition, author Thomas E. Bevan, PhD, synthesizes the pertinent research regarding transsexualism and transgenderism across 22 scientific disciplines. The book covers various gender systems from antiquity to historical and contemporary cultures that support the biological basis of transsexualism and transgenderism, addresses human development from the time prior to conception through adulthood and potential transsexual transition, and corrects common myths and assumptions about TSTG individuals, such as that crossdressing is basically motivated by a desire for sexual arousal. The book also includes sections that cite definitions of key terms and identify related reading, organizations for support, and current TSTG events worldwide.

Beyond Trans

Beyond Trans
Author: Heath Fogg Davis
Publisher: NYU Press
Total Pages: 192
Release: 2017-06-02
Genre: Political Science
ISBN: 1479824127

Goes beyond the category of transgender to question the need for gender classification Beyond Trans pushes the conversation on gender identity to its limits: questioning the need for gender categories in the first place. Whether on birth certificates or college admissions applications or on bathroom doors, why do we need to mark people and places with sex categories? Do they serve a real purpose or are these places and forms just mechanisms of exclusion? Heath Fogg Davis offers an impassioned call to rethink the usefulness of dividing the world into not just Male and Female categories but even additional categories of Transgender and gender fluid. Davis, himself a transgender man, explores the underlying gender-enforcing policies and customs in American life that have led to transgender bathroom bills, college admissions controversies, and more, arguing that it is necessary for our society to take real steps to challenge the assumption that gender matters. He examines four areas where we need to re-think our sex-classification systems: sex-marked identity documents such as birth certificates, driver’s licenses and passports; sex-segregated public restrooms; single-sex colleges; and sex-segregated sports. Speaking from his own experience and drawing upon major cases of sex discrimination in the news and in the courts, Davis presents a persuasive case for challenging how individuals are classified according to sex and offers concrete recommendations for alleviating sex identity discrimination and sex-based disadvantage. For anyone in search of pragmatic ways to make our world more inclusive, Davis’ recommendations provide much-needed practical guidance about how to work through this complex issue. A provocative call to action, Beyond Trans pushes us to think how we can work to make America truly inclusive of all people.