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
Date Written: 2017
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: Suggested Citation