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Gender Nonconformity and the Law by Kimberly A. Yuracko Pdf
When the Civil Rights Act of 1964 was passed, its primary target was the outright exclusion of women from particular jobs. Over time, the Act’s scope of protection has expanded to prevent not only discrimination based on sex but also discrimination based on expression of gender identity. Kimberly Yuracko uses specific court decisions to identify the varied principles that underlie this expansion. Filling a significant gap in law literature, this timely book clarifies an issue of increasing concern to scholars interested in gender issues and the law.
Gender Nonconformity, Race, and Sexuality by Toni P. Lester Pdf
How are culturally constructed stereotypes about appropriate sex-based behavior formed? If a person who is biologically female behaves in a stereotypically masculine manner, what are the social, political, and cultural forces that may police her behavior? And how will she manage her gendered image in response to that policing? Finally, how do race, ethnicity, or sexuality inform the way that sex-based roles are constructed, policed, or managed? The chapters in this book address such questions from social science perspectives and then examine personal stories of reinvention and transformation, including discussions of the lives of dancers Isadora Duncan and Bill T. Jones, playwright Lorraine Hansberry, and surrealist artist Claude Cahun.Writers from fields as diverse as history, art, psychology, law, literature, sociology, and the activist community look at gender nonconformity from conceptual, theoretical, and empirical perspectives. They emphasize that gender nonconformists can be gay, lesbian, bisexual, transgender, or anyone else who does not fit a model of Caucasian heterosexual behavior characterized by binary masculine and feminine roles.
In Going Stealth Toby Beauchamp demonstrates how the enforcement of gender conformity is linked to state surveillance practices that identify threats based on racial, gender, national, and ableist categories of difference. Positioning surveillance as central to our understanding of transgender politics, Beauchamp examines a range of issues, from bathroom bills and TSA screening practices to Chelsea Manning's trial, to show how security practices extend into the everyday aspects of our gendered lives. He brings the fields of disability, science and technology, and surveillance studies into conversation with transgender studies to show how the scrutinizing of gender nonconformity is motivated less by explicit transgender identities than by the perceived threat that gender nonconformity poses to the U.S. racial and security state. Beauchamp uses instances of gender surveillance to demonstrate how disciplinary power attempts to produce conformist citizens and regulate difference through discourses of security. At the same time, he contends that greater visibility and recognition for gender nonconformity, while sometimes beneficial, might actually enable the surveillance state to more effectively track, measure, and control trans bodies and identities.
Winner, Sexuality and Politics Book Award - American Political Science Association Finalist, PROSE Award - Government and Politics What the evolving fight for transgender rights reveals about government power, regulations, and the law Every government agency in the United States, from Homeland Security to Departments of Motor Vehicles, has the authority to make its own rules for sex classification. Many transgender people find themselves in the bizarre situation of having different sex classifications on different documents. Whether you can change your legal sex to “F” or “M” (or more recently “X”) depends on what state you live in, what jurisdiction you were born in, and what government agency you’re dealing with. In Sex Is as Sex Does, noted transgender advocate and scholar Paisley Currah explores this deeply flawed system, showing why it fails transgender and non-binary people. Providing examples from different states, government agencies, and court cases, Currah explains how transgender people struggle to navigate this confusing and contradictory web of legal rules, definitions, and classifications. Unlike most gender scholars, who are concerned with what the concepts of sex and gender really mean, Currah is more interested in what the category of “sex” does for governments. What does “sex” do on our driver’s licenses, in how we play sports, in how we access health care, or in the bathroom we use? Why do prisons have very different rules than social service agencies? Why is there such resistance to people changing their sex designation? Or to dropping it from identity documents altogether? In this thought-provoking and original volume, Sex Is as Sex Does reveals the hidden logics that have governed sex classification policies in the United States and shows what the regulation of transgender identity can tell us about society’s approach to sex and gender writ large.Ultimately, Currah demonstrates that, because the difficulties transgender people face are not just the result of transphobia but also stem from larger injustices, an identity-based transgender rights movement will not, by itself, be up to the task of resolving them.
Law, Gender Identity, and the Brain by Aileen Kennedy Pdf
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.
In 1973, homosexuality was officially depathologized with a revision in the Diagnostic and Statistical Manual of Psychiatry. In 1980, a new diagnosis appeared: Gender Identity Disorder of Childhood (GID). The shift separated gender from sexuality, while it simultaneously reinforced traditional concepts of "male" and "female" and made it possible for cross-gendered behavior and/or identification to be deemed psychiatric illness. What is the difference then between a child being called a sissy on the playground and being labeled with a disorder in a psychiatric hospital? Combining theory and personal narrative, this volume interrogates the meaning of "the normal" that pervades the literature on GID and investigates the theoretical underpinnings of the diagnosis. Sissies and Tomboys considers how the stigma of illness influences a child's development and what homosexual childhood, freed from the constraints of conventionally acceptable gender expression, might look like.
Gender Ambiguity in the Workplace by Alison Ash Fogarty Ph.D.,Lily Zheng Pdf
A delicate exploration of the discrimination that gender-diverse people face, this book analyzes the relationship between gender identity and performance in the workplace while considering the emotional and economic survival of those who identify as transgender. The transgender community is more visible now than ever before, but the diversity within this community has remained obscure in the workplace as organizations, corporations, and institutions struggle to keep up with the rate at which transgender communities are gaining visibility. For leaders seeking best practices related to bathroom access, workplace transition, hiring practices, inclusive workplace culture, and more, this book offers guidance and novel policy recommendations designed to ensure the success of transgender employees. Extending the existing theoretical literature on masculinity in the workplace, gender discrimination, and gender performance, the book introduces the new concept of "doing ambiguity." It contains original research complemented by humanizing narratives from transgender people that provide insights into rarely explored non-binary, gender-fluid, and genderless experiences. In addition, it identifies factors that may preclude and minimize discrimination, including strategies pursued by transgender people at the individual level as well as policies employed at the organization level, and outlines a pragmatic set of policy recommendations for employers, community leaders, and others looking to help transgender people thrive in organizational environments.
Author : William N. ESKRIDGE,William N Eskridge Publisher : Harvard University Press Page : 482 pages File Size : 44,9 Mb Release : 2009-06-30 Category : Law ISBN : 9780674036581
Gaylaw by William N. ESKRIDGE,William N Eskridge Pdf
This text provides a comprehensive analysis of the legal issues concerning gender and sexual nonconformity in the United States. The text is split into three parts covering the post-Civil war period to the 1980s, contemporary issues and legal arguments.
Sexuality and Equality Law by SuzanneB. Goldberg Pdf
Sexual rules and regulations are among society‘s oldest yet it is only in recent decades that this once-stigmatized field has become the focus of scholarly attention. This volume, which includes some of the most thought-provoking and hard-to-find essays in the field, covers a diverse range of topics from sexual orientation and gender identity to intersexuality and commercial sex, and from HIV/AIDS and trafficking to polygamy. Through historical, political and critical-theoretical lenses, and through a global focus, the selections ask how we conceptualize the groups and acts subjected to sexual regulation and how regulations in the field implicate and produce understandings of sexuality and identity. By placing this variety of works together, Sexuality and Equality Law invites fresh insights into commonalities and synergies across regulatory arenas that are often isolated from one another. The volume‘s introduction situates all of these works in the broader field and offers readers an extensive bibliography.
Author : Courtenay W. Daum Publisher : State University of New York Press Page : 252 pages File Size : 49,6 Mb Release : 2020-08-01 Category : Political Science ISBN : 9781438478883
The Politics of Right Sex by Courtenay W. Daum Pdf
While the growing attention to trans rights and the development of trans-specific interest groups suggest that the time is right for a trans rights movement akin to prior civil rights movements, The Politics of Right Sex explores the limitations of rights-based mobilization and litigation for advancing the interests of trans communities. Synthesizing critical theory, transgender studies, and extant law and society research, Courtenay W. Daum argues that trans individuals, particularly those situated at the intersection of gender, race, class, and immigration status, are regulated by myriad forces of governmentality that work to maintain the sex and gender binaries and associated power hierarchies. Because many informal practices and norms are located beyond the reach of civil rights laws, a trans politics of rights may produce some modest legal and legislative reforms but will not eliminate the disciplinary forces that work to subject trans individuals. It will also privilege those who are able to conform with dominant gender norms at the expense of the interests of those individuals who are gender nonconforming, gender queer, trans people of color, and others unable or unwilling to embrace a transnormative presentation of self and/or lifestyle. In order to disrupt the dominant discourse and hierarchical power arrangements in pursuit of collective liberation for all as opposed to rights for some, The Politics of Right Sex advocates for a more confrontational approach that directly engages and challenges the hegemonic power structures that govern and discipline trans individuals.
New Developments in Employment Discrimination Law by Oana ?tefan Pdf
Drawing on a data set of 696 documents – competition and state aid judgments, orders and opinions of the European Courts, and Advocates’ General opinions referring to various soft law instruments – this detailed textual and doctrinal analysis investigates the way in which the EU Courts deal with soft law, how the normative status of these instruments is acknowledged, and how their effects are recognized. It reveals that several ‘champion’ instruments feature frequently in the case law: the guidelines on fines and the leniency notice in competition law, the state aid instruments on aid to be granted to enterprises in difficulty, regional aid, de minimis aid, and aid to be granted to SMEs – all of them having in common the fact that they regulate highly litigated areas. The analysis treats issues such as the following: ; the pathway from judicial ignorance to judicial acknowledgement of soft law; ; the judicial creation of legal ‘hybrids’; the judicial review of soft law; the potential use of soft law as a ‘sword’ or as a ‘shield’ in a court of law; the distinction between legally binding force and legal effects; how soft law can produce legal effects through the operation of general principles of law such as legitimate expectations, legal certainty, or human rights; and how the Courts locate soft law on a strong constitutional pluralist background. Although the analysis might appear to relate to a fairly narrow spectrum of EU law, in fact the interaction of soft law and legal principles reaches into many diverse areas of law, and increasingly so in the twenty-first century. Consequently, this ground-breaking book will prove immeasurably valuable to any practitioner, academic, or policymaker interested in how the EU Court is fulfilling once again its constitutionalizing role, even in an area traditionally lacking formalism and conventions: that of soft instruments of governance.
Yale Law Journal: Volume 123, Number 3 - December 2013 by Yale Law Journal Pdf
The December issue of The Yale Law Journal (the third of Volume 123, academic year 2013-2014) features new articles and essays on law and legal theory by internationally recognized scholars. Contents include: * Article, "The Interpretation-Construction Distinction in Patent Law," by Tun-Jen Chiang & Lawrence B. Solum * Article, "Agencies as Litigation Gatekeepers," by David Freeman Engstrom * Essay,"Tops, Bottoms, and Versatiles: What Straight Views of Penetrative Preferences Could Mean for Sexuality Claims Under Price Waterhouse," by Ian Ayres & Richard Luedeman * Review, "Why Protect Religious Freedom?," by Michael W. McConnell * Note, "The Case for Tax: A Comparative Approach to Innovation Policy," by Shaun P. Mahaffy Quality ebook formatting includes fully linked footnotes, active Table of Contents (including linked Contents for individual articles), active URLs in notes, and properly presented tables and graphs throughout.
Author : Stefan Vogler Publisher : University of Chicago Press Page : 285 pages File Size : 48,9 Mb Release : 2021-05-14 Category : Law ISBN : 9780226776767
Introduction -- Kissing cousins : queerness, crime, and knowing -- Seeing sexuality like a state -- Forensic psychology, complicit expertise, and the legitimation of law -- Insurgent expertise and the hybrid network of LGBTQ asylum -- Asylum seekers and signs of queerness -- Sex offenders and the detection of deviance -- Queer subjects and the construction of risky countries -- Sexual predators and the constitution of dangerous individuals -- Conclusion : sexuality, science, and citizenship in the twenty-first century.