Gender Regulation: Restrictive, Facilitative or Transformative Laws?

‘Gender Regulation – Restrictive, Facilitative, or Transformative Laws?’ (2012) 34/4 Sydney Law Review 761-783

U. of Adelaide Law Research Paper No. 2019-59

24 Pages Posted: 30 May 2019 Last revised: 2 Jun 2019

See all articles by Laura Grenfell

Laura Grenfell

University of Adelaide

Anne Hewitt

University of Adelaide - School of Law

Date Written: 2012

Abstract

In the 21st century, Parliaments and the courts are allowing persons some measure of power and agency over their legal gender. This article traces the 40-year trajectory of transgender litigation. It begins by setting out the three main approaches taken by the courts in Australia, the United States and the United Kingdom in determining gender. It then considers specific Australian legislation on the legal recognition of change to a person’s gender and the scope and operation of protections against transgender discrimination within Australian anti-discrimination laws. The article explores federal and state legislative schemes in the context of the framework of regulating gender established in the common law tradition. This allows consistencies and differences in the legislative regimes to be identified and reveals common issues confronting legislatures and the judiciary in this area.

Note: As originally published in Laura Grenfell and Anne Hewitt, ‘Gender Regulation: Restrictive, Facilitative or Transformative Laws?’ (2012) 34(4) Sydney Law Review 761.

Keywords: Gender, Gender Regulation, Transformative Laws

JEL Classification: K10

Suggested Citation

Grenfell, Laura and Hewitt, Anne, Gender Regulation: Restrictive, Facilitative or Transformative Laws? (2012). ‘Gender Regulation – Restrictive, Facilitative, or Transformative Laws?’ (2012) 34/4 Sydney Law Review 761-783 ; U. of Adelaide Law Research Paper No. 2019-59. Available at SSRN: https://ssrn.com/abstract=3395612

Laura Grenfell

University of Adelaide

No 233 North Terrace, School of Commerce
Adelaide, South Australia 5005
Australia

Anne Hewitt (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

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