David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Bioethical Inquiry 4 (1):33-42 (2007)
This article critiques recent UK transgender law reform. The Gender Recognition Act 2004 is to be welcomed in many respects. Formerly one of the European states most resistant to social change in this area, the UK now occupies pole position among progressive states willing to legally recognise the sex claims of transgender people. This is because the UK is, at least ostensibly, the first state to recognise sex claims irrespective of whether applicants have undertaken any surgical procedures or had hormonal treatments. The article highlights the significance of this development through providing an overview of the trajectory of common law reform around the world. The legislation clearly benefits transgender people unable to undertake surgery due to financial reasons and/or medical contra-indications. It also benefits transgender people whose search for harmony does not require surgical intervention. However, the Act also perpetuates a mental illness model for understanding transgender desires; contributes to the break-up of legally recognised marriages; insists on the permanence of gender crossings and assumes that surgery will occur. The Act also contains exceptions to the generality of legal recognition provided by the state. In this respect the article considers concessions to religious and sporting lobbies. Finally, the article highlights how non-disclosure of gender history prior to a marriage assumes a kind of legal significance under the Act which non-disclosure of other facts generally lacks in relation to marriage. In this regard, the article will contend that a biological understanding of sex operates as a subtext within the Act.
|Keywords||Gender identity Legislation Great Britain Marriage|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
J. Butler (2004). Undoing Gender. Routledge.
Ralph Sandland (2005). Feminism and the Gender Recognition Act 2004. Feminist Legal Studies 13 (1):43-66.
Citations of this work BETA
No citations found.
Similar books and articles
Camille Monahan (2013). The Failure of the Bona Fide Occupational Qualification in Cross-Gender Prison Guard Cases: A Problem Beyond Equal Employment Opportunity. Hypatia 28 (1):101-121.
Cressida J. Heyes (2000). Reading Transgender, Rethinking Women's Studies. National Women's Studies Association Journal 12 (2):170-180.
Carlos A. Ball, The Blurring of the Lines: Children and Bans on Interracial Unions and Same-Sex Marriages.
Karen H. Rothenberg (1996). Feminism, Law, and Bioethics. Kennedy Institute of Ethics Journal 6 (1):69-84.
Loren Cannon (2009). Trans-Marriage and the Unacceptability of Same-Sex Marriage Restrictions. Social Philosophy Today 25:75-89.
Lisa Heldke (2006). “Dear Kate Bornstein”. Radical Philosophy Today 3:101-109.
Mark E. Wojcik, The Wedding Bells Heard Around the World: Years From Now, Will We Wonder Why We Worried About Same-Sex Marriage?
Added to index2009-01-28
Total downloads57 ( #75,141 of 1,906,985 )
Recent downloads (6 months)7 ( #109,520 of 1,906,985 )
How can I increase my downloads?