Download or read book Transgender Jurisprudence written by Andrew N. Sharpe and published by Routledge Cavendish. This book was released on 2006 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Transgender Jurisprudence: Dysphoric Bodies of Lawis an important book. … Sharpe’s discussion [of trangender jurisprudence]… is convincing and thought-provoking, … his observations incisive and legally persuasive … [and] his examination of the fundamental heterosexism and phallocentricity of "reform" jurisprudence is brilliant.' -Queen’s Law Journal (Vol 28(1) 2002 pp 363-369 at pp 365, 366, 368 and 369), Professor Bruce MacDougall of the Faculty of Law, University of British Columbia, Vancouver 'Transgender Jurisprudenceis a work of the most careful and comprehensive scholarship … [and] … will, I have no doubt, be a standard resource to all those who have reason to work in the area, both as practicing lawyers, activists, or academics, in years to come.' -Sydney Law Review (Vol 24 2002 pp 442-448 at p 443), Professor Desmond Manderson, Canada Research Chair in Law & Discourse, McGill University, Montreal 'Transgender Jurisprudenceprovides an excellent, well-researched contribution to the fields of transgender studies and jurisprudence concerning gender and sexuality. … It is also a valuable contribution to wider discussions concerning feminism, poststructuralism and queer studies.' -Res Publica (Vol 8(3) 2002 pp 275-283 at pp 282-283), Dr Surya Munro of the Department of Law, Keele University '[Sharpe] expresses the hope that the book has made an important contribution ... That it has done so is beyond doubt. Indeed more than a contribution, Sharpe has comprehensively reshaped and redefined the field of transgender jurisprudence. … [T]he end result is a book which is not only sustained, integrated and comparative, but which introduces a set of original and sophisticated arguments that will provide an indispensable grounding for subsequent work in the field for some time to come.' -Griffith Law Review (Vol 12(2) 2003 pp 387-390 at p 390), Professor Rosemary Hunter, Dean of the Faculty of Law, Griffith University [Transgender Jurisprudence] has already become a foundational work by which others will be measured. … [It] sets a high bar … As one who litigates cases on behalf of transgender people as well as those involving same-sex couples seeking marriage rights, I think Sharpe has done an incredible job identifying [homophobia as] the source of the tension in such cases.' - Adelaide Law Review Vol 24(2) 2003 pp 99-104 at 104.

Download or read book Transgender Jurisprudence written by Andrew N. Sharpe and published by Routledge. This book was released on 2002-01 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work aims to move beyond liberal law reform to interrogate the transgender/law relation in a sustained and critical manner. Its concern is to map contemporary legal regulation of transgender bodies within a common law tradition. The specific focus is upon ideas of transgender that define the terms of this regime.

Download or read book Transgender Employment Experiences written by Kyla Bender-Baird and published by State University of New York Press. This book was released on 2011-08-01 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: The complex and changing state of policy protections for transgender communities practically requires trans people to become legal experts just to navigate their everyday lives. It also simultaneously offers a window of opportunity for legal advocates to shape new laws and policies based on the lived experiences of trans people. Using personal interviews, legal case histories, and transgender theory, Transgender Employment Experiences combines policy analysis with the lived experiences of twenty transgender-identified employees, showing how worker protections that should exist under the Civil Rights Act are instead systematically undermined in the case of many transgender employees. Rather than focusing solely on negative experiences, however, Kyla Bender-Baird also highlights the positive experiences her respondents had coming out at work, illustrating examples of best practices in response to transitioning. Bender-Baird covers many forms of discrimination that transgender workers face, such as harassment, gender-based dress codes, income-related inequities, bathroom policies, and background checks. Drawing from this analysis, she argues for protections for gender expression in policy decisions, legislative efforts, and for a multipronged approach to workplace discrimination. With its effective balance of personal stories and legal guidance, this book is a much-needed resource for those in the field of gender and employment, from policy analysts to human resource managers to queer studies scholars.

Download or read book Gender Identity and the Law written by David B. Cruz and published by . This book was released on 2020-12-30 with total page 1286 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Legal Categorization of Transgender written by Kimberly Tao and published by Cambridge University Press. This book was released on 2024-03-13 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Marriage Equality written by William N. Eskridge, Jr. and published by Yale University Press. This book was released on 2020-08-18 with total page 1041 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive history of the marriage equality debate in the United States, praised by Library Journal as "beautifully and accessibly written. . . . An essential work.” As a legal scholar who first argued in the early 1990s for a right to gay marriage, William N. Eskridge Jr. has been on the front lines of the debate over same‑sex marriage for decades. In this book, Eskridge and his coauthor, Christopher R. Riano, offer a panoramic and definitive history of America’s marriage equality debate. The authors explore the deeply religious, rabidly political, frequently administrative, and pervasively constitutional features of the debate and consider all angles of its dramatic history. While giving a full account of the legal and political issues, the authors never lose sight of the personal stories of the people involved, or of the central place the right to marry holds in a person’s ability to enjoy the dignity of full citizenship. This is not a triumphalist or one‑sided book but a thoughtful history of how the nation wrestled with an important question of moral and legal equality.

Download or read book Gender Sexuality and Law written by Chris Ashford and published by Edward Elgar Publishing. This book was released on 2024-10-03 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook combines pioneering feminist and queer judgments and statutes with critical and intersectional theories, to provide a comprehensive overview of the field of gender, sexuality and law. A diverse range of socio-legal experts set out the theoretical and legal foundations of the topic, before examining the ongoing struggle for rights and contemporary dissenting voices.

Download or read book Understanding the Well Being of LGBTQI Populations written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2021-01-23 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increase in prevalence and visibility of sexually gender diverse (SGD) populations illuminates the need for greater understanding of the ways in which current laws, systems, and programs affect their well-being. Individuals who identify as lesbian, gay, bisexual, asexual, transgender, non-binary, queer, or intersex, as well as those who express same-sex or -gender attractions or behaviors, will have experiences across their life course that differ from those of cisgender and heterosexual individuals. Characteristics such as age, race and ethnicity, and geographic location intersect to play a distinct role in the challenges and opportunities SGD people face. Understanding the Well-Being of LGBTQI+ Populations reviews the available evidence and identifies future research needs related to the well-being of SDG populations across the life course. This report focuses on eight domains of well-being; the effects of various laws and the legal system on SGD populations; the effects of various public policies and structural stigma; community and civic engagement; families and social relationships; education, including school climate and level of attainment; economic experiences (e.g., employment, compensation, and housing); physical and mental health; and health care access and gender-affirming interventions. The recommendations of Understanding the Well-Being of LGBTQI+ Populations aim to identify opportunities to advance understanding of how individuals experience sexuality and gender and how sexual orientation, gender identity, and intersex status affect SGD people over the life course.

Download or read book Gender Recognition and the Law written by Flora Renz and published by Taylor & Francis. This book was released on 2024-02-02 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the strategies people use to resist, accept and respond to laws that attempt to shape not just their behaviour, but also their identity, this book pursues a critical engagement with legal gender transition. The Gender Recognition Act (GRA) has often been described as a groundbreaking and progressive legal framework for allowing people to legally change their gender. This book seeks to challenge this representation by drawing on in-depth qualitative interviews with trans people about the GRA. Theoretically this book uses the concepts of legal consciousness, agency and emotion to highlight the normative underpinnings of the GRA. Overall, the book contends, the GRA does not accurately reflect many trans people's own understanding of their gender identity or their sexuality. It is designed to create subjects that govern their behaviour and self-expression in a way that aligns with a purely binary model of sex/gender and sexuality. Although a deviation from these norms does not incur any direct punishment, it indirectly leads to a denial of rights and legal protections. By reviewing relevant legislation and case law, and through qualitative research, the book establishes how, instead of uncritically accepting or completely rejecting the GRA, trans people enact their singular identities by engaging strategically with law. This book will be of interest across a range of disciplines, including socio-legal studies, family law, gender, sexuality and law as well as sociology courses on gender, identity and social policy.

Download or read book Gender and the Law written by Judith Bourne and published by Routledge. This book was released on 2018-04-17 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gender and the Law provides an ideal introduction to gender and feminist theory for students. Beginning with an overview of traditional notions of gender, the book establishes the key feminist and queer legal theories. It provides a basic structure and overview upon which students can build their understanding of some of the complex and controversial topics and debates around gender. Structured thematically, the book explores many fascinating and controversial legal issues, including issues of transgender rights; equal pay and equality in the workplace; societal changes and challenges within the regulation of personal relationships; the law surrounding consent and sexual offences; the role of gender norms in the criminal courts; legal regulation of prostitution and pornography; and the ways in which the law has responded to societal changes surrounding reproduction. With ‘thinking points’ and ‘further reading’ suggestions within each chapter, the authors encourage an engagement with critique and theory in order to understand this dynamic and challenging field.

Download or read book Gender Identity in International Law written by Alessandra Asteriti and published by Cambridge Scholars Publishing. This book was released on 2024-07-03 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book considers the genealogy of the term gender identity and its entrance and development in international human rights law. Going against the prevailing narrative, the book explores the possibility of refashioning gender identity as a belief; this reframing allows the conflicting rights of women, children and LGB people to be protected and as well as the right of people to express their belief in having a gender identity incongruent with their sex.

Download or read book Transgender Rights written by Paisley Currah and published by U of Minnesota Press. This book was released on 2006 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Transgender Rights packs a surprising amount of information into a small space. Offering spare, tightly executed essays, this slim volume nonetheless succeeds in creating a spectacular, well-researched compendium of the transgender movement." -Law Library Journal Over the past three decades, the transgender movement has gained visibility and achieved significant victories. Discrimination has been prohibited in several states, dozens of municipalities, and more than two hundred private companies, while hate crime laws in eight states have been amended to include gender identity. Yet prejudice and violence against transgender people remain all too common. With analysis from legal and policy experts, activists and advocates, Transgender Rights assesses the movement's achievements, challenges, and opportunities for future action. Examining crucial topics like family law, employment policies, public health, economics, and grassroots organizing, this groundbreaking book is an indispensable resource in the fight for the freedom and equality of those who cross gender boundaries. Moving beyond media representations to grapple with the real lives and issues of transgender people, Transgender Rights will launch a new moment for human rights activism in America. Contributors: Kylar W. Broadus, Judith Butler, Mauro Cabral, Dallas Denny, Taylor Flynn, Phyllis Randolph Frye, Julie A. Greenberg, Morgan Holmes, Bennett H. Klein, Jennifer L. Levi, Ruthann Robson, Nohemy Solórzano-Thompson, Dean Spade, Kendall Thomas, Paula Viturro, Willy Wilkinson. Paisley Currah is associate professor of political science at Brooklyn College, executive director of the Center for Lesbian and Gay Studies at the CUNY Graduate Center, and a founding board member of the Transgender Law and Policy Institute. Richard M. Juang cochairs the advisory board of the National Center for Transgender Equality (NCTE) in Washington, DC. He has taught at Oberlin College and Susquehanna University. He is the lead editor of NCTE's Responding to Hate Crimes: A Community Resource Manual and coeditor of Transgender Justice, which explores models of activism. Shannon Price Minter is legal director of the National Center for Lesbian Rights and a founding board member of the Transgender Law and Policy Institute.

Download or read book Self Declaration in the Legal Recognition of Gender written by Chris Dietz and published by Taylor & Francis. This book was released on 2022-10-21 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: Self-Declaration in the Legal Recognition of Gender examines the impact of legislation premised upon the principle of ‘self-declaration’ of legal gender status. Existing doctrinal and comparative analyses have tended to come out strongly in favour of, or against, self-declaration. This book offers a socio-legal alternative which focuses on how self-declaration is experienced, on an embodied level, by trans and gender diverse people. It presents research conducted in Denmark, which became the first European state to adopt self-declaration in June 2014. By analysing Danish law through a Foucauldian framework which brings together socio-, feminist, and trans legal scholarship on embodiment and jurisdiction, the book offers the first empirically based and theoretically informed analysis of self-declaration. It draws upon legal consciousness, affect theory, vulnerability, and governmentality literatures to argue that the jurisdictional boundaries which existed between law and medicine were maintained throughout the reform process. This limited the impact of the legislation, enabling access to health care to be restricted in the same year in which amending legal gender status was liberalised. As the list of states that have adopted self-declaration increases, this intervention offers activists and policymakers insights which might shape how they respond to similar reform proposals in the future. A timely and important assessment, this book will appeal to researchers and practitioners working in trans, gender, feminist legal, and socio-legal studies.

Download or read book The Transgender Studies Reader written by Susan Stryker and published by Routledge. This book was released on 2013-10-18 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transgender studies is the latest area of academic inquiry to grow out of the exciting nexus of queer theory, feminist studies, and the history of sexuality. Because transpeople challenge our most fundamental assumptions about the relationship between bodies, desire, and identity, the field is both fascinating and contentious. The Transgender Studies Reader puts between two covers fifty influential texts with new introductions by the editors that, taken together, document the evolution of transgender studies in the English-speaking world. By bringing together the voices and experience of transgender individuals, doctors, psychologists and academically-based theorists, this volume will be a foundational text for the transgender community, transgender studies, and related queer theory.

Download or read book Gender Competent Legal Education written by Dragica Vujadinović and published by Springer Nature. This book was released on 2023-02-03 with total page 713 pages. Available in PDF, EPUB and Kindle. Book excerpt: Male-dominated law and legal knowledge essentially characterized the whole of pre-modern history in that the patriarchy represented the axis of social relations in both the private and public spheres. Indeed, modern and even contemporary law still have embedded elements of patriarchal heritage, even in the secular modern legal systems of Western developed countries, either within the content of legislation or in terms of its implementation and interpretation. This is true to a greater or lesser extent across legal systems, although the secular modern legal systems of the Western developed countries have made great advances in terms of gender equality. The traditional understanding of law has always been self-evidently dominated by men, but modern law and its understanding have also been more or less “malestreamed.” Therefore, it has become necessary to overcome the given “maskulinity” of legal thought. In contemporary legal and political orders, gender mainstreaming of law has been of the utmost importance for overcoming deeply and persistently embedded power relations and gender-based, unequal social relations. At the same time and equally importantly, the gender mainstreaming of legal education – to which this book aims to contribute – can help to gradually eliminate this male dominance and accompanying power relations from legal education and higher education as a whole. This open access textbook provides an overview of gender issues in all areas of law, including sociological, historical and methodological issues. Written for students and teachers around the globe, it is intended to provide both a general overview and in-depth knowledge in the individual areas of law. Relevant court decisions and case studies are supplied throughout the book.

Download or read book Law Gender Identity and the Brain written by Aileen Kennedy and published by Taylor & Francis. This book was released on 2023-12-22 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges law’s reliance on neurology’s brain-sex binary. The brain has become the latest candidate in a historical search for a reliable and fixed biological marker of ‘true sex’ that has permeated every aspect of Western culture, including law. As definitions of the sexed and gendered body have become ever more contentious, the development and dissemination of brain-sex theories have come to dominate popular understanding of LGBTI+ identities. But, this book argues, the brain is no more helpful than earlier biological measures in ensuring just outcomes. Examining how law determines and differentiates ‘male’ and ‘female’ in two contested areas of sexed identity –through a discussion of Australian cases authorising medical interventions to alter the embodied sex characteristics of transgender minors and intersex minors –the book demonstrates an incoherence in the legal understanding of gender identity development. As the brain too fails as a convincing biological anchor for the binary sex categories of male and female, law must, it is argued, retreat from its aspiration to create, define, and regulate artificially bounded sex categories of male and female. This book will be of great interest to scholars and students in a range of disciplines who are working at the intersection of law, gender, and sexuality.

Download or read book Sex Gender and International Human Rights Law written by Giovanna Gilleri and published by Taylor & Francis. This book was released on 2023-12-01 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the relationship between sex and gender under international human rights law, and how this influences the formation of individual subjects. Combining feminist, queer, and psychoanalytical perspectives, the author scrutinises the sexed/gendered human rights discourse, starting from the assumptions underpinning interpretations of sex, gender, and the related notions of gender identity, sex characteristics, and sexual orientation. Human rights law has so far offered only a limited account of the diversity of sexed/ gendered subjectivities, being based on a series of simplistic assumptions. Namely, that there are only two sexes and two genders; sex is a natural fact and gender is a social construct; gender is the metonymic signifier for women; and gender power relations take the asymmetrical shape of male domination versus female oppression. Against these assumptions, dominative and subordinate postures interchangeably attach to femininities and masculinities, depending on the subjects’ roles, their positionalities, and the situational meanings of their acts. The limits of an approach to gender which is based on rigid binaries are evident in two case studies, on the UN human rights treaty bodies’ vocabulary on medically unnecessary interventions upon intersex children and on the European Court of Human Rights’ narrative on sadomasochism. This examination of the impact of human rights on gendered subjectivities will be of interest to scholars, students, and researchers in international law, gender studies, queer studies, cultural studies, critical race theory, and psychoanalysis.