This article explores “determining gender,” the umbrella term for social practices of placing others in gender categories. We draw on three case studies showcasing moments of conflict over who counts as a man and who counts as a woman: public debates over the expansion of transgender employment rights, policies determining eligibility of transgender people for competitive sports, and proposals to remove the genital surgery requirement for a change of sex marker on birth certificates. We show that criteria (...) for determining gender differ across social spaces. Gender-integrated spaces are more likely to use identity-based criteria, while gender-segregated spaces, like the sexual spaces we have previously examined, are more likely to use biology-based criteria. In addition, because of beliefs that women are inherently vulnerable and men are dangerous, “men’s” and “women’s” spaces are not policed equally—making access to women’s spaces central to debates over transgender rights. (shrink)

Despite a “spatial imaginary” which constructs Europe as a location of sexual and gender freedom (Rao, 2014), presently, twenty countries in Europe require sterilisation in order to legally recognise transgender people’s gender identities, including four of the seven countries in the INFERCIT study: Greece, Italy, Turkey, and Cyprus (but not Spain, which since 2007 does not require sterilisation for gender identity recognition [see Platero, 2008]. In Bulgaria and Lebanon no gender identity recognition for trans people is provided (...) by law; the latter lies outside the “European” region) (TGEU, 2014). Compulsory sterilisation—classified as a crime against humanity in the Rome Statute of the International Criminal Court (UN General Assembly, 1998: art. 7.1)—is widely in force against transgender people, who constitute “the only known group in Europe subject to legally prescribed, state-enforced sterilisation” (Hammarberg, 2009: 19). However, forced sterilisation of trans people is not generally conceptualised as a eugenicist or genocidal policy, in part because sterilisation is conflated with gender reassignment surgical interventions which, widely considered as that which brings transgender bodies into being, are in turn conflated with embodied transgender subjectivities. On this view, transgender individuals could not exist except through a medicalised process that, by design, precludes their “natural” reproductive capacities and is generally not accompanied by fertility preservation or the provision of assisted reproduction technologies (Plemons, 2014: 38; De Sutter et al., 2002; De Sutter, 2001). Sterilisation laws are justified through a pathologising discourse on transgender lives which constructs gender reassignment interventions as medical “treatment” of gender identity disorder (Suess, Espineira & Crego Walters, 2014: 73-76). Adopting a depathologising perspective enables us to contextualise compulsory sterilisation (which naturalises the sexually dimorphic, cisgender, heterosexual body) as a form of “gendercide” which has historically been instrumental in the imposition of a Euro-colonial binary gender system (Miranda, 2010; Lugones, 2007). The state-imposition of medical interventions on trans people not only has deleterious effects on their reproductive rights, “effectively undermin[ing] their right to found a family” (Hammarberg, 2009: 21; see OHCHR et al., 2014)—as “family” is hegemonically defined by a heteronormative and bio/ logical kinship order (Butler, 2002; van Anders, 2014). I argue that state regulation of transgender reproduction constitutes a form of institutionalised gendered violence inasmuch as it impedes transgender people’s ability to exercise inherent first-person authority over the materiality and meanings of their gendered embodiments (Bettcher, 2009; Spade, 2013). Efforts to renaturalise gender and kinship inextricably intersect (Kantsa, 2006) in the biopolitical attempt to regulate transgender embodiments and reproduction, which conditions the emerging legal recognition of transgender subjects as a rights-bearing minority (Stryker, 2014). (shrink)

This article brings together two case studies that examine how nontransgender people, “gender normals,” interact with transgender people to highlight the connections between doing gender and heteronormativity. By contrasting public and private interactions that range from nonsexual to sexualized to sexual, the authors show how gender and sexuality are inextricably tied together. The authors demonstrate that the criteria for membership in a gender category are significantly different in social versus sexual circumstances. While gender is presumed to reflect (...) biological sex in all social interactions, the importance of doing gender in a way that represents the shape of one's genitals is heightened in sexual and sexualized situations. Responses to perceived failures to fulfill gender criteria in sexual and sexualized relationships are themselves gendered; men and women select different targets for and utilize gendered tactics to accomplish the policing of supposedly natural gender boundaries and to repair breaches to heteronormativity. (shrink)

Using in-depth interviews with forty transgender people, I explore “discursive aggression,” a term for the communicative acts used in social interaction to hold people accountable to social- and cultural-based expectations, and subsequently to reinforce inequality in everyday life. I show how these interactional affronts restore social order, are based in dominant language systems, and reflect expectations for how interactions should unfold. Gendered expectations—such as the assumption that gender is identifiable based on visual cues alone—come to life through (...) language, are delivered through discursive aggression, and become routinized micro-inequalities that people negotiate in interaction. I present five vignettes to exemplify how discursive aggression typically unfolds in interaction. In so doing, this research demonstrates the value of discursive aggression as a concept to capture a pervasive, yet under-examined, feature of everyday life and a mechanism for how power is reified in interaction. (shrink)

Empirical data from studies with both heterosexual and homosexual individuals have consistently indicated different tendencies in mating behavior. However, transgenders’ data are often overlooked. This exploratory study compared levels of sociosexuality and self-esteem between transgenders and non-transgender (cisgender) individuals. The aim was to verify whether either sexual genotype or gender self-perception had more influence on the examined variables in transgenders. Correlations between self-esteem and sociosexuality levels were also investigated. The sample consisted of 120 Brazilian individuals (51 transgenders) from both (...) sexes. Sociosexuality scores indicated mostly sex-typical patterns for transgenders of both sexes across the construct’s three dimensions (behavior, attitude, and desire), except for female-to-male transgenders’ behavioral sociosexuality. Unique associations between the dimensions of sociosexuality were found for transgender participants. No differences in self-esteem were observed and no correlations between self-esteem and sociosexuality were found. The results suggest that transgenders’ sociosexuality is largely influenced by their sexual genotype despite their incongruent gender self-perception and that the relationships between behavior, attitude, and sociosexual desire are different from those observed in cisgenders. (shrink)

Interviews with 41 nonbinary individuals reveal a considerable amount of ambivalence among nonbinary people regarding transgender identification. There is also disagreement about which model of transgender legitimacy determines group membership: the binary and medicalized model or the umbrella model. Those who do not identify as transgender either do not consider themselves to be “trans enough” to claim group membership alongside trans men and trans women or otherwise consider their gender experience to be qualitatively different from the (...) transgender experience. Meanwhile, those who do identify as transgender credit the umbrella model as authoritative while acknowledging that their claims to group membership are often resisted by those who uphold the binary transgender model. Finally, those who defy an easy yes/no transgender categorization schema qualify their transgender identification with admissions of doubt that they are really “trans enough” to claim the label or through linguistic practices that position themselves as tangentially transgender or as distinctly nonbinary transgender. This range of responses illuminates the diverse gender identities that coexist among nonbinary people that cannot be neatly sorted into a man/woman or cisgender/transgender binary. Research on the sociology of gender must expand beyond both of these binary frameworks to reflect the reality of gender diversity. (shrink)

Research involving transgender and gender diverse people (TGD) increased in the last years, mostly concerning healthcare associated to this population. Few studies dedicated their analysis to the impact of parental support on transgender people, even though this is an important aspect in creating a safe environment on which these individuals can build their identity. In addition, the link between family support, TGD identity and homelessness is not completely established. Thus, due to the specificities of the family (...) context of TGD individuals, the aim of this study is to investigate the association between family support and TGD in different moments of the process of gender affirmation. In addition, this study also aims to explore the relationship between a lack of social support and low self-esteem, home abandonment, and dwelling in the street. The survey was designed based on the TransPULSE project and was made available in electronic format. The sample was constituted of 423 TGD residents in two Brazilian states. A Structural Equation Model analysis suggested that the impact of gender affirmation status on homelessness was mediated by parental support, through self-esteem, and the need to move from home. The association between the status of the gender affirmation procedures, family support and self-esteem was significant and indicated that the further TGD individuals advanced in gender affirmation, the more self-esteem and family support they would have. The association between family support and self-esteem indicated that family support was associated with higher self-esteem. Low family support was associated with the willingness to move from home due to one’s TGD status and there was also a significant correlation between low self-esteem and the willingness to move from home due to one’s TGD status. Finally, homelessness was associated with the willingness to move with a large effect size. Limitations include the sample that was constituted by individuals with Internet access and who had more contact with TGD communities. The findings indicate directions for interventions involving TGD people and their families, considering the parental relationship as a critical variable to improve TGD quality of life in the process of gender affirmation. (shrink)

BackgroundWhile fertility preservation is recommended practice for paediatric oncology patients, it is increasingly being considered for transgender children and young people in paediatric care. This raises ethical issues for clinicians, particularly around consent and shared decision-making in this new area of healthcare.MethodsA systematic review of normative literature was conducted across four databases in June 2020 to capture ethical considerations related to fertility counselling and preservation in paediatric transgender healthcare. The text of included publications was analysed inductively, guided (...) by the Qualitative Analysis Guide of Leuven.ResultsTwenty-four publications were identified for inclusion. Four key ethical considerations emerged from this literature: access to fertility preservation, conscientious objection, decision-making capacity of children and young people, and shared decision-making.ConclusionIn the identified literature, there is consensus that transgender children and young people should not be refused access to fertility preservation services solely due to their gender identity, and that clinicians with conscientious objections to fertility preservation for this group have an obligation to refer on to willing providers. Factors that create ethical complexity in this area of paediatric care include the child’s age, mental health, and parents’ views. (shrink)

This article aims to analyze the current literature on the social capital of transgender and gender diverse(TGD) people, given their fragility in social and health terms. The paper followed the guidelines developed by Tricco, Langlois, and Straus. The results of this paper reveal significant gaps in the literature relating to the social capital of TGD people and highlight how the various types of shared capital are for sexual health to be considered in future research on transgender (...) health. This is the first article that analyzes in detail the relationship between social capital and TGD individuals. To date, there is no other scientific evidence in the literature in this regard. The paucity of scholarly evidence available for paper limits our ability to make conclusive statements about social capital of TGD people. Small sample sizes in the included studies warrant caution when deriving generalized conclusions about social capital. (shrink)

The author uses an intersectionality framework to examine how lesbian, gay, bisexual, and transgender people evaluate the severity of their violent experiences. Previous research focusing on the severity of anti-LGBT violence has given relatively little attention to race, class, and gender as systems of power. In contrast, results from this study, based on 47 semi-structured, in-depth interviews, reveal that Black and Latino/latina respondents often perceived anti-queer violence as implying that they had negatively represented their racial communities, whereas white (...) respondents typically overlooked the racialized implications of their violent experiences. Furthermore, while lesbians of color emphasized their autonomy and self-sufficiency to challenge this discourse, Black and Latino gay men underscored their emotional and physical strength to undermine perceptions that they were weak for identifying as gay. Results also indicate that LGBT people experience forms of anti-queer violence in different ways depending on their social position, as Black lesbians faced discourse that neither white lesbians nor Black gay men were likely to confront. Thus, these findings suggest that topics primarily associated with homophobia should be examined through an intersectional lens. (shrink)

There is an emerging consensus within Natural Law that explains transgender identity as an “embodied misunderstanding.” The basic line of argument is that our sexual identity as male or female refers to our possible reproductive roles of begetting or conceiving. Since these two possibilities are determined early on by the presence or absence of a Y chromosome, our sexual identity cannot be changed or reassigned. I develop an argument from analogy, comparing gender and language, to show that this consensus (...) is premature. Language and gender imbue our body with further social meaning and so, I conclude, that just as we can learn multiple languages, so too can we learn multiple genders. Since language and gender each constitutively contribute to our wellbeing as a “second nature,” I argue against this consensus to show that the reason people who are transgender struggle to flourish is not because of a “troubled trans psyche,” but because there are conceptual, interpersonal, and institutional obstacles stacked against them. (shrink)

ABSTRACTDavid Pilgrim is, in his words, ‘not at all hostile’ to transgender people. Nevertheless, in my opinion, his position allows him to provide a veneer of philosophical acceptability to transphobic arguments: such as that, if a person can choose their gender, they should be able to choose their age. In stripping away the veneer, I demonstrate that Bhaskar's version of the transitive and intransitive dimensions resolves the supposed conundrum. I also take issue with the idea that sex is (...) biological and gender is a social construct, i.e. that there is a duality between object and subject. I argue that this duality does more harm than good in the fight for equality since it gives philosophical resources to those who would bully LGBTIQ, allowing them to blame their victims. I use my understanding of gender to arrive at a compassionate resolution of the restroom debate, in which everyone's wellbeing is considered. I also warn that the debate may have been commandeered by men to achieve a transphobic agenda and that all women are likely to pay a high price because of it. Furthermore, an unexpected result of my analysis is that Judith Butler's position is, in significant ways and contrary to the opinion of some critical realists, similar to the Bhaskarian critical realist position. (shrink)

The ‘1st Congress Churches and LGBTI+ Community: ecumenical dialogues for respect for diversity’ was held between 19th and 22nd of June 2019, in the city of São Paulo. The Congress was organised by the Parish of the Holy Trinity of the Episcopal Anglican Church in Brazil and Koinonia–Ecumenical Presence in Service. As we consider this congress a historic landmark in the debates concerning religions and sexualities that escape from cisheteronormativity in Brazil, in the course of this article, we propose to (...) analyse the social and political conjuncture that motivated the event. In a second step, we will briefly describe the structure of the event, as well as its objectives, in order to understand the assumptions that guided the construction of the Letter of São Paulo, the official and public document of the Congress, approved in plenary by the participants. We believe that the Congress and the Letter of São Paulo have political potential, as they claim the rights of lesbian, gay, bisexual, transgender, intersex+ people as people of faith and denounce forms of oppression, exclusion and marginalisation reinforced by conservative and hegemonic religious discourses. (shrink)

This article argues that only a limited form of EU citizenship is available to transgender people. As the paper demonstrates, transgender Union citizens face numerous difficulties when they exercise their right to free movement, despite such movement being the core of Union citizenship. Rather, transgender individuals only have access to a considerably restricted form of EU citizenship which is guaranteed as part of their fundamental status conferred by EU Treaties. The article points out that the current (...) approach of including transgender discrimination in the purview of discrimination on the grounds of sex fails to tackle the issue because it is conceptually problematic and largely ineffective. As a solution to remedy the issue, the paper suggests overhauling the existent approach to trans discrimination in a way that makes it capable of ensuring that transgender persons enjoy their Union citizenship to its fullest extent. (shrink)

This article examines new patterns of workplace inequality that emerge as transgender people are incorporated into the global labor market. Drawing on in-depth interviews with 41 transgender call center employees in the Philippines, I develop the concept “purple-collar labor” to describe how transgender workers—specifically trans women—are clustered, dispersed, and segregated in the workplace and how their patterned locations in social organizational structures serve a particular value-producing function. These patterned inclusions, I argue, come with explicit and implicit (...) interactional expectations about how “trans” should be put to work in the expansion and accumulation of global capital. In this way, the study examines the production and extraction of queer value and the folding of trans women’s gendered performances into commercial exchange. Data show how the affective labor of transgender employees is used to help foster productivity, ease workplace tensions, and boost employee morale. This study of transgender employment experiences opens new lines of inquiry for understanding gender inequalities at work, and it builds on scholarship that combines political economy approaches with transgender studies. (shrink)

A Gerwithian Framework for Protecting the Basic Human Rights of Lesbian, Gay, Bisexual, and Transgender (LGBT) People.

'Transgender’ is often described either as an identity, or else as the full spectrum of gender nonconformity. In this essay, I suggest that these descriptions do not align with the conceptual labor that we often ask ‘transgender’ to do: highlighting people who engage in forms of self-directed gender nonconformity that are heavily penalized.

There is an emerging consensus within Natural Law that explains transgender identity as an “embodied misunderstanding.” The basic line of argument is that our sexual identity as male or female refers to our possible reproductive roles of begetting or conceiving. Since these two possibilities are determined early on by the presence or absence of a Y chromosome, our sexual identity cannot be changed or reassigned. I develop an argument from analogy, comparing gender and language, to show that this consensus (...) is premature. Language and gender imbue our body with further social meaning and so, I conclude, that just as we can learn multiple languages, so too can we learn multiple genders. Since language and gender each constitutively contribute to our wellbeing as a “second nature,” I argue against this consensus to show that the reason people who are transgender struggle to flourish is not because of a “troubled trans psyche,” but because there are conceptual, interpersonal, and institutional obstacles stacked against them. (shrink)

Background: Transgender health care is a subject of much debate among clinicians, political commentators, and policy-makers. While the World Professional Association of Transgender Health (WPATH) Standards of Care (SOC) establish clinical standards, these standards contain implied ethics but lack explicit focused discussion of ethical considerations in providing care. An ethics chapter in the SOC would enhance clinical guidelines. Aims: We aim to provide a valuable guide for healthcare professionals, and anyone interested in the ethical aspects of clinical support (...) for gender diverse and transgender people of all ages. Recognizing that the WPATH is a global association, we address broad challenges. We offer a reflection on general ethical principles, providing conceptual tools for healthcare providers, patients, and families to navigate the specific challenges they might encounter in transgender health care, in line with WPATH’s worldwide mission and scope. Method: This article employs a descriptive analysis, and our framework of reference is the four principles of biomedical ethics: respect for autonomy, beneficence, nonmaleficence, and justice. Results: The article presents a discussion on the four ethical principles as applied to transgender health care. We address issues such as respect for patient autonomy in decision-making, the role of beneficence and nonmaleficence in clinical interventions, and the importance of justice in equitable treatment and access to care. Some of the ethical concerns we address in this article pertain to the current sociopolitical climate, where there has been increasing legal interference, internationally, for transgender and nonbinary people, particularly youth, seeking medical care. Discussion: We highlight the interplay between ethical principles and clinical practice, underscoring the need for ethical guidance in addressing the diverse challenges faced by healthcare providers and patients in transgender health care. We advocate for continuous refinement of ethical thinking to ensure that transgender health care is not only medically effective but also ethically sound. (shrink)

Legal institutions worldwide construct theories about gender’s ontology—i.e., theories about what gender is—and use those constructions to govern. In this article, I analyse how the Family Court of Australia constructed ontologies of gender to govern young people’s gender-affirming hormone use. By analysing the ‘reasons for judgment’ published about cases where minors applied for the Court’s authorisation to use hormones, I show that the Court constructed two theories about the ontology of gender concurrently—one essentialist and the other performative—which it leveraged (...) to arbitrate the legitimacy of hormone use. By critically examining the Court’s ontological assertions, I argue that both theories advanced anti-queer directives that tethered the legitimacy of hormone use to its promise to produce normatively gendered subjects. This analysis highlights that legal regimes concerned with controlling gender-affirming practices have much more at stake than access to those practices alone. By governing mechanisms of gender’s production, these regimes do not merely shape how gender can be expressed but also the possible forms of gender itself. (shrink)

This article examines representations of Mermaids, a charity that supports trans young people and their families, in the British press. Using corpus-assisted critical discourse analysis, we identify and chart patterns in reporting between Mermaids’ inception as a charity in 2015, and 2022, a turbulent year for both the charity and trans people in the UK more generally. The findings show that, in the early years, there is relatively little attention to Mermaids in the press. Where they are mentioned, (...) the charity is represented as a useful source of advice and support, and their service users as happy and united. However, 2018 represents a turning point, with increasingly negative and misleading portrayals of Mermaids coinciding with a rise in public interest and funding. By 2019, media interest in the charity has surged and the impression of Mermaids as a support group for families is supplanted by the image of a powerful, dangerous and controversial organisation. We argue that the increasingly excessive, negative and polarised reporting around Mermaids is a strategy for indirectly delegitimising and attacking the lives of trans young people themselves. In a burgeoning culture war, Mermaids is used as a weapon against the very people they seek to support. (shrink)

Many transgender people need specific medical services to affirm their gender. Gender-affirming health care services may include mental health support, hormone therapy, and reconstructive surgeries. Scant information is available about the utilization or costs of these services among transgender people, which hinders the ability of insurance regulators, health plans, and other health care organizations to plan and budget for the health care needs of this population and to ensure that transgender people can access medically (...) necessary gender-affirming care. This study used almost three decades of commercial insurance claims from a proprietary database containing data on more than 200 million people to identify temporal trends in the provision of gender-affirming hormone therapy and surgeries and to quantify the costs of these services. (shrink)

Bruce Lincoln suggests that myth is "that small class of stories that possess both credibility and authority". When studying the history of mythology we find that myths often are understood as something other people have—as if the group in question possesses the truth while others live by falsehoods. In examining contemporary North American society, we can see how Judeo-Christian narratives structure popular and medical discourses regarding sex and gender. The idea that humans are born into male and female, and (...) male and female only, is a deeply held belief—so much so that it appears as fact rather than belief. Anthropologists such as Serena Nanda and Will Roscoe have documented the cross-cultural and historical "gender variants" who exist in societies where three or more genders are the norm. The origin of the belief in two sexes could well be the opening verses of Genesis where the origin of the human species is described in bipolar, dimorphic forms: "… in the image of God He created them; male and female created He them". In the article I explore the mythology that underlies the clinical management of transgender children. (shrink)

This paper employs a feminist model of scapegoating designed to capture the function that scapegoating plays in the justification and masking of oppression, and examines specific forms of legislation that target the rights of trans people to uncover their scapegoating patterns. Because scapegoating is experienced as a justified attribution of blame, it evades the understanding of those participating in its dynamics. My aim is to make apparent the transphobic rhetoric that convinces people of its necessity, such that we (...) can determine the best means to undermine its discriminatory consequences. I do this by examining the scapegoating logic behind bills that seek to impact various aspects of the lives of trans people, including education, sports, identification, and healthcare. (shrink)

In the case of controversial interventions there is a need for clinical guidelines to be founded on ‘expert opinion’ and an evidence base, in order to minimise individual clinicians making subjective decisions influenced by bias or cultural norms. This paper considers international clinical guidelines that through recommendation effectively prohibit the provision of genital-alignment surgery for competent adolescents with gender dysphoria. I argue that although the rationale for this particular guideline is based on serious concerns, these need to be better understood (...) to allow reconsideration of this unilateral prohibitive recommendation. I do not propose that genital-alignment surgery should be prima-facia provided for any adolescent with gender dysphoria. Instead I argue that by developing our understanding of the current concerns, we can allow guidelines to incorporate a margin of clinical discretion, to allow clinicians to provide genital-alignment surgery to some adolescents, where clinically appropriate. In facilitating this we can move towards establishing a solid evidence-base. The basis of this position is that clinical guidelines and medical practice should treat these young people with the same standards of evidence-based care as others who have less controversial conditions. Whilst this paper uses English law and UK professional regulation for context, many of the ethical, legal and professional issues highlighted are applicable to other jurisdictions. (shrink)

The lack of access to gender-affirming surgery represents a significant unmet health care need within the transgender community, frequently resulting in depression and self-destructive behavior. While some transgender people may have access to gender reassignment surgery, an overwhelming majority cannot afford facial feminization surgery. The former may be covered as a “medical necessity,” but FFS is considered “cosmetic” and excluded from insurance coverage. This demarcation between “necessity” and “cosmetic” in transgender health care based on specific body (...) parts is in direct opposition to the scientific community’s understanding of gender dysphoria and professional guidelines for transgender health. GRS affects one’s ability to function in an intimate relationship, while FFS has the same impact on social interactions an, therefore may have a far greater implication for one’s quality of life. FFS is a cost-effective intervention that needs to be covered by insurance policies. The benefits of such coverage far exceed the insignificant costs. (shrink)

In some areas of clinical medicine, discussions about fertility preservation are routine, such as in the treatment of children and adolescents facing cancer treatments that will destroy their ability to produce gametes of their own. Certain professional organizations now offer guidelines for people who wish to modify their bodies and appearance in regard to sex traits, and these guidelines extend to recommendations about fertility preservation. Since the removal of testicles or ovaries will destroy the ability to have genetically related (...) children later on, it is imperative to counsel transgender people seeking body modifications about fertility preservation options. Fertility preservation with transgender people will, however, lead to unconventional outcomes. If transgender men and women use their ova and sperm, respectively, to have children, they will function as a mother or father in a gametic sense but will function in socially reversed parental identities. There is nothing, however, about fertility preservation with transgender men and women that is objectionable in its motives, practices, or outcomes that would justify closing off these options. In any case, novel reproductive technologies may extend this kind of role reversal in principle to all people, if sperm and ova can be derived from all human beings regardless of sex, as has happened with certain laboratory animals. (shrink)

In this manuscript, “Intersectional Structural Stigma, Community Priorities, and Opportunities for Transgender Health Equity,” Poteat and Simmons outline the legal and policy barriers that impede efforts to end the HIV epidemic among transgender people in the South. They present qualitative and quantitative data from a community engaged research study conducted with transgender adults and other key stakeholders as well as finding from an analysis of policies impacting transgender people in both states. Violence prevention and (...) decriminalization are highlighted as key policy initiatives that would advance health equity for transgender people. (shrink)

The public sphere has been seen by conservatives as an arena for safeguarding private relations. Private power relations could be threatened by newly recognized social groups that make claims on the state for justice and equality. Therefore, conservatives have been concerned about who can speak and exist in public and who can thereby make demands on the state. In the debates over transgender rights in Canada, social conservatives and neoliberal forces have merged in complex and impactful ways. Analyzing House (...) of Commons and Senate debates and committee proceedings for Bill C-279 and Bill C-16, I examine three conservative arguments that illustrate attempts to maintain private power relations and hierarchal gendered divisions by ensuring that transgender and gender nonconforming people are not allowed to exist, speak or make claims in public: first, the assertion that gender identity and gender expression are not definable identity categories for claims-making because transgender people are deceptive and can change their gender based on their feelings; second, the targeting of public facilities, and particularly public bathrooms, as sites of contention, danger and necessary gender segregation; and third, the attempt to delegitimize rights claims by criminalizing transgender people in relation to cisgender women and children. (shrink)

Cis and transgender. Performativity as bodily and social habit In this article, I argue that habit formation provides a good starting point to understand gender identity. Judith Butler’s concept of ‘performativity’ indicates that gender identity comes about through a process of social and linguistic repetition of normative representations of gender. The phenomenological notion of ‘habitual identity’ that Maren Wehrle (2021) suggests, complements this notion of performativity, but should be complemented with a psychic aspect to attain a completer notion of (...) performativity. Understanding performativity in terms of habit formation seemingly also has a downside: does it not lead to repetition of the same in an environment of predominantly cis and binary gender identities? What does this mean now that more and more people identify as trans or non-binary? I argue that performativity does not necessarily involve the reproduction of cis and binary gender identities, because it includes the possibility of variation from the norm. While cis implies that body, identity and social ascriptions coincide, in the case of trans there are discontinuities between these three. Rather than considering cis and trans as opposites, performativity means understanding both as variations, of which the discontinuities between body, self and social ascriptions are more difficult to live. (shrink)

This paper looks at transgender identities and the law in the context of marriage in common law jurisdictions. It particularly focuses on the nature and sources of authority over word meaning as well as the role of language and definition in classifying transgender individuals into a legal category. When it comes to the legal question of who may marry whom, and what the terms “man” and “woman” actually refer to, there is no statutory definition of the terms “man”, (...) “woman”, “male” and “female”. This has put the onus on judges, especially those who needed to decide whether a transgender person can marry in his/her affirmed sex, to interpret these terms. Two lines of cases in transgender jurisprudence are examined so as to have a close study of how the courts construed these terms and classified transgender people into a category. The first concerns United Kingdom cases, namely Corbett v Corbett, Bellinger v Bellinger and the Hong Kong case W v Registrar of Marriages, &. The second consists of Australian cases such as Secretary, Department of Social Security v State Rail Authority and Re Kevin. This paper discusses these issues by analyzing and comparing different cases in transgender jurisprudence as well as examining how these issues play out in contemporary Hong Kong. (shrink)

For nearly twenty years, Anglo-American feminist theory has posed its own epistemological questions by looking at the lives and bodies of transsexuals and transvestites. This paper examines the impact of such scholarship on improving the everyday lives of the people central to such feminist argumentation. Drawing on indigenous scholarship and activisms, I conclude with a consideration of some central principles necessary to engage in feminist research and theory—to involve marginal people in the production of knowledge and to transform (...) the knowledge-production process itself. (shrink)

This essay examines narratives of fundamental change, which portray a break in the continuity between a pre-transition and post-transition transgender subject, in accounts of transgender transitions. Narratives of fundamental change highlight the various changes that occur during transition and its disruptive effects upon a trans subject’s continuous identity. First, this essay considers the historical appearance of fundamental change narratives in the social sciences, the media, and their use by families of trans people, partners of trans people, (...) and trans people themselves. After this is a consideration of Mark Johnson’s account of narrative as a meaning-making activity that occurs in the context of social norms. Johnson’s account is then applied to narratives of fundamental change to explain why these narratives occur, especially in relation to social norms and lived experience. The essay concludes by considering the trajectory of fundamental change narratives, looking at emerging transgender narratives, which stress a more integrated, complex account of transgender lives. (shrink)

Transgender and gender diverse (TGD) youth are currently being targeted by global anti-trans legislation that would prevent their access to gender-affirming care even by healthcare providers willing to deliver it and who understand the importance of this support. It has been suggested in some studies that transness in young people is a result of peer contagion. As such their free will, authenticity and autonomy could be brought into question when accessing gender-affirming care. It is important to explore the (...) relevance of these concepts concerning the provision of gender-affirming care to TGD youth by nurses and other healthcare professionals. Nurses should challenge the notion held by some that these young people are not capable of knowing themselves or the level of treatment they require. They can do this by practising gender-affirming care determined by aspirational ethical values of beneficence, non-maleficence, autonomy and justice. (shrink)

Although informed consent models for prescribing hormone replacement therapy are becoming increasingly prevalent, many physicians continue to require an assessment and referral letter from a mental health professional prior to prescription. Drawing on personal and communal experience, the author argues that assessment and referral requirements are dehumanising and unethical, foregrounding the ways in which these requirements evidence a mistrust of trans people, suppress the diversity of their experiences and sustain an unjustified double standard in contrast to other forms of (...) clinical care. Physicians should abandon this unethical requirement in favour of an informed consent approach to transgender care. (shrink)

For nearly twenty years, Anglo-American feminist theory has posed its own epistemological questions by looking at the lives and bodies of transsexuals and transvestites. This paper examines the impact of such scholarship on improving the everyday lives of the people central to such feminist argumentation. Drawing on indigenous scholarship and activisms, I conclude with a consideration of some central principles necessary to engage in feminist research and theory—to involve marginal people in the production of knowledge and to transform (...) the knowledge-production process itself. (shrink)

This essay develops a concept of curiotization, through which people are reduced to a curio for the fascination of others. I argue that trans people as they have appeared in media, philosophy, and narratives of history are curiotized as forever fascinating, new, titillating, and controversial. In contrast to the narrative of momentous trans progress in the mid-2010s, I point out that frameworks such as the "Transgender Tipping Point" worked to position its "trans moment" as unprecedented and always (...) on the threshold of arrival. To work through a specific example, I point to decades of renewed fascination over trans women being capable of breastfeeding and the long history of trans fascination in popular music. I conclude by emphasizing the obscured world-historical presence of transsexuality as it coincides with the history of pharmaceuticals, hormone technologies, and birth control. In contrast to a "goldfish memory optics" through which trans people become eternally new, fascinating, and debatable, I stress the importance of restoring the complexity of "trans" and its histories back into an understanding of the present. (shrink)

The transgender population generally faces rights violations and discrimination in their day-to-day lives, which was exacerbated during the recent pandemic. This necessitates close scrutiny from an ethics perspective. Following directives from a 2014 Supreme Court judgement, Kerala became the first Indian state to implement a comprehensive policy to enforce the constitutional rights of transgender people. Despite such positive actions, a basic social tendency not to respect gender diversity has led to discrimination and marginalization. This was very evident (...) during the pandemic. In this empirical work, we have documented the lives of the transgender community during the pandemic wherein they share experiences related to livelihood, interaction with the healthcare system, and acceptance in society vis-à-vis the pandemic. Simply providing third-gender status will not help the gender-marginalized community to grow to their fullest potential and have a better lifestyle on par with others in mainstream society. (shrink)

In this article, we examine the ways gendered frames shift to make room for societal changes while maintaining existing pillars of systemic gender inequality. Utilizing the case of U.S. media representations of transgender people who reproduce, we analyze how media outlets make room for increasing societal recognition of transgender people and maintain cisnormative and repronormative traditions and beliefs in the process. Specifically, we outline how these media outlets accomplish both outcomes in two ways. First, they reinforce (...) cisgender-based repronormativity via conceptualizations of transgender reproduction as new and occurring in contrast to normative, cisgender reproduction. Second, they create a transnormative reproductive subject, which establishes a new socially sanctioned script for what it means to be transgender and what types of transgender experience may be recognized or accepted in mainstream society. In conclusion, we draw out implications for understanding how social authorities may shift existing gender frames to make room for changes in society while at the same time maintaining normative beliefs. These normative beliefs continue to facilitate societal patterns of gender inequality within such new frames. (shrink)

As a population, people who self‐identify as lesbian, gay, bisexual, or transgender face significant risks to health and difficulty in obtaining medical and behavioral health care, relative to the general public. These issues are especially challenging in safety‐net health care institutions, which serve a range of vulnerable populations with limited access, limited options, and significant health disparities. Safety‐net hospitals, particularly public hospitals with fewer resources than academic medical centers and other nonprofit hospitals that also serve as safety nets, (...) are under immense financial pressures. However, with the introduction in 2011 of standards for LGBT inclusion by The Joint Commission, showing progress on LGBT health care has become a compliance issue for hospitals. And because the health care community itself has contributed to LGBT health disparities through prejudice, disrespect, or inadequate knowledge that have made it difficult for LGB and especially T people to seek care or to obtain the care they need, there is a moral case for allocating scarce resources to this population: we owe them some investment in righting wrongs that the health care system itself has produced.So, where to begin in the typical safety‐net hospital or clinic? Beyond staff training, which is essential and for which good models now exist, what does justice demand from a service‐utilization perspective? Given the range of health care services that an LGBT person in the safety net may need or want, how should we set priorities? And what can't we promise to do for this member of our community? (shrink)

For a variety of reasons, it's difficult to determine, with any accuracy, the number of trans and gender nonbinary folks living in the United States.1 Data are difficult to obtain since neither the U.S. Census Bureau nor the Centers for Disease Control and Prevention survey people's gender identity. But even if they did, responses would likely be unreliable. Many members of these two groups are hesitant to answer such questions for fear of their safety, resulting discrimination, or because they (...) disagree on the definition of what it means to be transgender. It's also difficult to obtain accurate numbers on these groups since most medical forms still rely on a two-sex system of... (shrink)

The present study explored the relationship between attitudes toward transgender individuals and the judgments people make in transgression scenarios involving transgender and cisgender individuals of different ages in a sample of 184 Romanian students. We used a mixed-method approach and tested the effect of gender identity on participants' punishments in a hypothetical transgression. In hypothetical transgressions involving preadolescent transgender and cisgender agents, results suggested no differences in participants' theft punishments. However, adult cisgender transgressors received significantly harsher (...) punishments compared to transgender transgressors. Our qualitative analyses suggested that the most frequent categories of responses justifying the punishments confirmed the importance of the agent's age. Our findings suggested no significant associations between participants' gender and reported the previous contact with an LGBTQ member and the punishments they chose for child and adult transgressors. Results are discussed in light of their implication in the contemporary, highly LGBTQ intolerant Romanian context. (shrink)

This article examines the mutual imbrication of gender and class that shapes how some transgender women seek incorporation into social hierarchies in postcolonial India. Existing literature demonstrates an association between transgender and middle-class-status in the global South. Through an 18-month ethnographic study in Bangalore from 2009 through 2016 with transgender women, NGO workers and activists, as well as textual analyses of media representations, I draw on “new woman” archetypes to argue that the discourses of empowerment and respectability (...) that impacted middle-class cisgender women in late colonial, postcolonial and liberalized India also impact how trans women narrate their struggles and newfound opportunities. Trans woman identities are often juxtaposed to the identities of hijras, a recognized group of working-class male-assigned gender-nonconforming people. Instead of challenging stereotypes of gender nonconformity most evident in the marginalization of hijras, some transgender women are at pains to highlight their difference from hijras. These trans women are from working-class backgrounds. It is partly their similarities in class location that propel trans women’s efforts to distinguish themselves from hijras. They employ the figure of the disreputable hijra to contain negative stereotypes associated with gender nonconformity, thus positioning their identities in proximity with middle-class respectable womanhood. (shrink)