Don’t Be So Hateful — The Insufficiency of Anti-Discrimination and Hate Crime Laws in Improving Trans Wellbeing

(2018) University of Toronto Law Journal, 68(1), pp. 1–36

31 Pages Posted: 15 Jun 2019

See all articles by Florence Ashley

Florence Ashley

University of Toronto, Faculty of Law

Date Written: May 1, 2017

Abstract

The question of judicial protection of trans people has come to the fore in recent years, culminating in Bill C-16 which added gender identity and gender expression to the federal anti-discrimination and hate crime laws. In this article, the author contests the notion that anti-discrimination and hate crime laws are effective in mitigating anti-trans harassment, discrimination, and violence. Suggesting that the model of anti-trans acts which underlies anti-discrimination and hate crime laws is erroneous, the author argues that the law’s impact on trans well-being will be modest and that a careful analysis of anti-trans attitudes enables us to identify a number of more effective governmental avenues toward trans emancipation.

Keywords: hate crime laws; critical trans politics; anti-discrimination laws; transgender; LGBT

Suggested Citation

Ashley, Florence, Don’t Be So Hateful — The Insufficiency of Anti-Discrimination and Hate Crime Laws in Improving Trans Wellbeing (May 1, 2017). (2018) University of Toronto Law Journal, 68(1), pp. 1–36, Available at SSRN: https://ssrn.com/abstract=3398345

Florence Ashley (Contact Author)

University of Toronto, Faculty of Law ( email )

Toronto, Ontario
Canada

HOME PAGE: http://www.florenceashley.com

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