Engendering Sex: Birth Certificates, Biology and the Body in Anglo American Law
33 Pages Posted: 20 Jan 2013
Date Written: March 23, 2006
In this paper, I will explore the legal ramifications of gender/sex trouble for transgender individuals. I will argue that the current difficulties and deficiencies of legal sex for transgender people are due to the way that this legal regime has conceptualized legal sex as a historical ideal and utilized it as a regulatory concept. Then I will examine the ways in which feminist theory of the body has complicated sex and gender arguing that the U.S. legal regime should respond to these insights and complications by re-conceptualizing legal sex in a way that recognizes not only the “lived gender” of individuals but the culturally constructed nature of legal sex. I will show that the legal regime should use lived gender to inform and reform legal sex so that the concept of legal sex is mindful of considerations and conversations occurring in feminist theory that focuses on the sexed/gendered body.
Keywords: gender, transgender, feminist legal theory, legal sex
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