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
Date Written: May 1, 2017
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
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