Download this Paper Open PDF in Browser

TRANSforming the Debate: Why We Need to Include Transgender Rights in the Struggles for Sex and Sexual Orientation Equality

29 Pages Posted: 14 Dec 2011 Last revised: 8 Oct 2013

Taylor Flynn

Western New England University School of Law

Date Written: 2001

Abstract

The Author observes that sex and sexual orientation equality jurisprudence is premised upon the traditional understanding of "sex" as determined by anatomy at birth. The presumption typically following from this reduction of sex to anatomy is the notion that certain gendered attributes are inherent in biological male- or femaleness. The Author asserts that these erroneous and unduly narrow views significantly hamper courts' ability to address the core of sex and sexual orientation discrimination-hostility based on failure to conform to conventional gender norms. Surveying workplace, public accommodation, asylum, marriage, and custody cases, Flynn explains how conventional jurisprudence fails a wide array of persons. Looking to the burgeoning transgender case law, the Author demonstrates how individuals ranging from working women, gay men and lesbians, and stay-at-home dads can benefit from a jurisprudence that adopts more accurate and multifaceted understandings of sex and gender.

Keywords: transgender rights, sexual orientation, equality, sexuality and the law

Suggested Citation

Flynn, Taylor, TRANSforming the Debate: Why We Need to Include Transgender Rights in the Struggles for Sex and Sexual Orientation Equality (2001). Columbia Law Review, Vol. 101, p. 392, 2001. Available at SSRN: https://ssrn.com/abstract=1971847

Taylor Flynn (Contact Author)

Western New England University School of Law ( email )

1215 Wilbraham Road
Springfield, MA 01119
United States

Paper statistics

Downloads
104
Rank
220,203
Abstract Views
444