Left in Legal Limbo: Transsexual Identity and the Law
7:1 Appeal: Review of Current Law and Law Reform
8 Pages Posted: 12 Jul 2016
Date Written: 2001
The purposes of this paper are three-fold: to explore the various ways in which the courts have attempted to determine the ‘sex’ of transsexuals and the accompanying difficulties with these approaches; to present alternative approaches and analyze the ambiguities that remain; and finally, to suggest a new means of perceiving sexual identity. This paper emphasizes the significant role of the law in the construction of social perceptions of sexual identity and suggests that the law must move away from a binary view of gender as either male or female. Opposite this prevailing view, I propose to move sexual identity towards a “gender spectrum” where identity is not sexually classified.
Keywords: human rights, transsexual, gender, identity, law, reform, sexuality, identity, marriage
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