Stories from the Gender Garden: Transsexuals and Anti-Discrimination Law

Denver University Law Review, Vol. 75, pp. 1321-1359, 1998

40 Pages Posted: 17 Jun 1999 Last revised: 2 Apr 2015

See all articles by Patricia A. Cain

Patricia A. Cain

Santa Clara University - School of Law

Abstract

Federal antidiscrimination law (Title VII) and most state antidiscrimination laws do not apply to discrimination against transsexual persons. The standard legal analysis is that such discrimination is not discrimination on the basis of "sex." This article employs a narrative method in order to raise the reader's consciousness about the lives of transsexual and transgendered persons. Specifically, the article focuses on the stories of female-to-male transsexuals (FTMs) and other females who have embraced male attributes (e.g., butch lesbians). The very existence of many FTMs who are part-male and part-female challenges the bipolar nature of our current sex jurisprudence which assumes that each individual is either male or female. The article concludes with some suggestions for improving legal doctrine to comport with the reality that both sex and gender are more fluid than current law assumes.

Suggested Citation

Cain, Patricia A., Stories from the Gender Garden: Transsexuals and Anti-Discrimination Law. Denver University Law Review, Vol. 75, pp. 1321-1359, 1998, Available at SSRN: https://ssrn.com/abstract=165748

Patricia A. Cain (Contact Author)

Santa Clara University - School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States

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