Transgender Intrasectionality: Rethinking Anti-Discrimination Law and Litigation

University of Pennsylvania Journal of Law and Social Change 20.1

29 Pages Posted: 7 Nov 2017

See all articles by Ido Katri

Ido Katri

University of Toronto, Faculty of Law

Date Written: 2017

Abstract

This article will puts a gender variant perspective on anti-discrimination law and litigation. It analyze trans right claims by synthesizing queer theory’s concept of performativity and critical race theory’s concept of intersectionality, to offer a new and original concept of legal “intrasectionality”, with far-reaching implications for rights-based litigation. Instead of considering how “legal men” are treated different than “legal women”, this article will ask whether a given gender variant individual is treated differently than one whose gender performance coheres to social standards. These inquiries into the intrasectionality of the sex category with respect to equality will set the stage for the claim that anti-discrimination law and litigation intertwines with performativity.

Keywords: Trans Studies, Anti-Discrimination Law, Queer Theory, Human Rights, Labor Law

JEL Classification: K31

Suggested Citation

Katri, Ido, Transgender Intrasectionality: Rethinking Anti-Discrimination Law and Litigation (2017). University of Pennsylvania Journal of Law and Social Change 20.1 , Available at SSRN: https://ssrn.com/abstract=3065682

Ido Katri (Contact Author)

University of Toronto, Faculty of Law ( email )

Toronto
Canada

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