scholarly journals THE PROBLEMATIC JUDICIAL VIEW OF GENDER DIVERSITY

2015 ◽  
Vol 1 ◽  
Author(s):  
Olivia Rundle
Keyword(s):  
Gender Identity ◽  
Gender Diversity ◽  
Case Law ◽  
Decision Makers ◽  
Gender Recognition ◽  
Sex And Gender ◽  
Gender Identification ◽  
Transgender People ◽  
And Gender

This response to Ashleigh Bagshaw’s article in this volume entitled ‘Exploring the Implications of Gender Identification for Transgender People under Australian Law’ seeks to humanise the experiences that sit behind the judicial determination of gender recognition in case law. It argues that there is room for considerable improvement in the understanding that legal decision makers have about the lived experiences of gender independent people. The article begins in Part I by clarifying the distinction between sex and gender and points out that neither concept is binary. Part II explains some persistent problems with the judicial approach to the question of gender identity and tells the stories of the humans behind the cases. It concludes that the pathologised approach to gender independence places unnecessary obstacles in the way of people who could benefit from legal recognition of their gender identity.

scholarly journals Can evolutionary thinking shed light on gender diversity?

2019 ◽  
Vol 25 (6) ◽  
pp. 351-362 ◽  
Author(s):  
Bernadette Wren ◽  
John Launer ◽  
Michael J. Reiss ◽  
Annie Swanepoel ◽  
Graham Music
Keyword(s):  
Gender Identity ◽  
Gender Diversity ◽  
Medical Intervention ◽  
List Type ◽  
Sex And Gender ◽  
Medical Interventions ◽  
The Core ◽  
Causal Pathways ◽  
And Gender ◽  
Shed Light

SUMMARYIssues of sexual reproduction lie at the core of evolutionary thinking, which often places an emphasis on how individuals attempt to maximise the number of successful offspring that they can produce. At first sight, it may therefore appear that individuals who opt for gender-affirming medical interventions are acting in ways that are evolutionarily disadvantageous. However, there are persuasive hypotheses that might make sense of such choices in evolutionary terms and we explore these here. It is premature to claim knowledge of the extent to which evolutionary arguments can usefully be applied to issues of gender identity, although worth reflecting on the extent to which nature tends towards diversity in matters of sex and gender. The importance of acknowledging and respecting different views in this domain, as well as recognising both the uncertainty and likely multiplicity of causal pathways, has implications for clinicians. We make some suggestions about how clinicians might best respond when faced with requests from patients in this area.LEARNING OBJECTIVESAfter reading this article you will be able to:•understand evolutionary arguments about diversity in human gender identity•identify strengths and weaknesses in evolutionary arguments applied to transgender issues•appreciate the range and diversity of gender experience and gender expression among people who present to specialist gender services, as well as the likely complexities of their reasons for requesting medical intervention.

Epistemic Injustice and Judicial Discourse on Transgender Rights in India: Uncovering Temporal Pluralism

2020 ◽  
Vol 26 (1) ◽  
pp. 30-49
Author(s):  
Dipika Jain ◽  
Kimberly M. Rhoten
Keyword(s):  
Gender Diversity ◽  
Case Law ◽  
Epistemic Injustice ◽  
Sex And Gender ◽  
Self Identity ◽  
Gender Binary ◽  
Gender Diverse ◽  
The Everyday ◽  
Judicial Discourse ◽  
And Gender

This article examines how efforts at legal legibility acquisition by gender diverse litigants result in problematic (e.g., narratives counter to self-identity) and, at times, erroneous discourses on sex and gender that homogenize the litigants themselves. When gender diverse persons approach the court with a rights claim, the narrative they present must necessarily limit itself to a normative discourse that the court may understand and, therefore, engage with. Consequently, the everyday lived experiences of gender diverse persons are often deliberately erased from the narrative as litigants mould themselves into the pre-existing normative legal categories of gender and sex. As a result of such mechanisms, the article finds that gender diverse litigants face epistemic injustice in the courts as their legal legibility is constructed within a constraining gender binary paradigm of judicial discourse. The article explores the trajectory of transgender rights in India, through an analysis of case law prior to and post the landmark NALSA decision, to understand how the approach to transgender rights and identities has been shaped by and shapes, in turn, normative conceptions of gender. The article argues for the incorporation of temporal pluralism into the law that would allow courts to hear gender diverse litigant accounts premised on contemporary gender diversity beyond the binary (rather than incontestable prior understandings based in past precedent), which would better account for such social injustices.

scholarly journals RESPONSE: SEX & GENDER DIVERSITY, AND THE LIMITATIONS OF LEGAL IDENTIFICATION

2015 ◽  
Vol 1 ◽  
Author(s):  
Theodore Bennett
Keyword(s):  
Gender Diversity ◽  
Legal Regulation ◽  
Sex And Gender ◽  
Transgender People ◽  
Fine Detail ◽  
Gender Diverse ◽  
Key Issues ◽  
And Gender ◽  
Legal Identification ◽  
Insight Into

This comment expands on three key issues raised by the argument put forward in on the article by Ashleigh Bagshaw in this volume entitled ‘Exploring the Implications of Gender Identification for Transgender People under Australian Law’. It points out that sex and gender diversity goes beyond transsexualism and explores the need to factor this insight into any future legal developments. It notes that the implications of any change to marriage law could be profound for sex and gender diverse people, and considers how change should best proceed. It concludes that the debates about the fine detail of legal regulation in this area beg the question of whether law should even be in the business of identifying and recording people’s sex/gender in the first place.

Categorical and gradational: alternative survey measures of sex and gender

2020 ◽  
Author(s):  
Aliya Saperstein ◽  
Laurel Westbrook
Keyword(s):  
Gender Diversity ◽  
Sex And Gender ◽  
Categorical Approach ◽  
Transgender People ◽  
Binary Approach ◽  
Nationally Representative ◽  
And Gender ◽  
Single Question ◽  
Representative Samples ◽  
Fluid Characteristics

Demands for recognition of gender diversity and transgender people are growing. We tested non-binary sex and gender measures using nationally representative samples of US adults to assess feasibility for general population surveys. We find more support for a two-step categorical approach, with separate questions about natal sex and gender identity, than for a single question assessing transgender status as the latter was less reliable within our online surveys and over time. We also consider the challenge of determining measurement reliability for fluid characteristics and argue that using categorical and gradational gender measures in combination should become standard practice.<br /><br />Key messages<br /><ul><li>Gender measurement must expand beyond a categorical binary to better reflect gender diversity.</li><br /><li>We demonstrate the utility of a two-step, non-binary approach on representative samples of US adults.</li><br /><li>Our results do not support using a ‘yes’ or ‘no’ question to ask if respondents are transgender.</li></ul>

Gender diversity

2019 ◽  
pp. 41-46
Keyword(s):  
Health Service ◽  
Gender Identity ◽  
Sexual Health ◽  
Gender Dysphoria ◽  
Cervical Screening ◽  
Gender Diversity ◽  
Gender Recognition ◽  
Sexual Health Service ◽  
And Gender ◽  
The Uk

This chapter on gender diversity focuses on the care of transgender and non-binary (NB) people. It provides a list of definitions that help to differentiate between terms such as gender identity, gender expression, gender role, and gender dysphoria. Diagnostic frameworks, and social and medical transition are defined. The differing genital surgery options (vaginoplasty, vulvoplasty, metoidioplasty, phalloplasty) for trans, including NB, people are explained and the UK Gender Recognition Act is outlined. The chapter then focuses on information that may assist those who are providing a sexual health service for trans, including NB, people including potential presentations to such services and advice on contraception and cervical screening.

scholarly journals Americans’ Perceptions of Transgender People’s Sex: Evidence from a National Survey Experiment

2019 ◽  
Vol 5 ◽  
pp. 237802311985201 ◽  
Author(s):  
Long Doan ◽  
Natasha Quadlin ◽  
Brian Powell
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
National Survey ◽  
Public Perceptions ◽  
Survey Experiment ◽  
Sex And Gender ◽  
Transgender People ◽  
Interpersonal Contact ◽  
Gender Conformity ◽  
And Gender

Drawing on the first national survey experiment of its kind ( n = 3,922), the authors examine Americans’ perceptions of transgender people’s sex and the factors that underlie these perceptions. The authors randomly assigned respondents to a vignette condition describing a transgender person whose self-identified gender (i.e., identifies as a man or a woman), age (i.e., adult or teenager), and gender conformity in physical appearance (i.e., conforming, nonconforming, ambiguous, or unspecified) had been experimentally manipulated. Then, respondents were asked how they would personally classify that person’s sex. The findings suggest that Americans are more likely to perceive a transgender person’s sex as consistent with their sex assigned at birth than with their gender identity. Furthermore, of the experimental manipulations included in the experiment, only the transgender person’s level of gender conformity—not their self-identified gender or age—affects public perceptions of sex. The authors also find distinct cleavages along sociodemographic lines, including politics, sexual orientation, and interpersonal contact with transgender people. Implications for research on sex and gender are discussed.

Disability and quality of life in patients with low back pain: Focus on sex and gender: A cross-sectional study

2021 ◽  
pp. 1-8
Author(s):  
Yen-Mou Lu ◽  
Chung-Hwan Chen ◽  
Yi-Jing Lue
Keyword(s):  
Quality Of Life ◽  
Low Back Pain ◽  
Back Pain ◽  
Gender Identity ◽  
Gender Role ◽  
Low Back ◽  
Sex And Gender ◽  
Cross Sectional ◽  
And Gender

BACKGROUND: Sex and gender affect responses to pain, but little is known about disability and quality of life. OBJECTIVES: To investigate the effects of sex and gender on disability and health-related quality of life (HRQOL) in patients with low back pain. METHODS: Ninety-three patients with low back pain were included in this cross-sectional survey study. Disability, HRQOL and gender identity were respectively assessed with the Oswestry Disability Index, Short Form-36 and Bem Sex Role Inventory. The participants were classified into four gender role orientations (masculinity, femininity, androgyny and undifferentiated). One-way analysis of variance was used to analyze both the sex and the gender role orientation. RESULTS: Females had higher disability than males (p< 0.05), but in gender identity, no significant difference was found. Seven domains of HRQOL were lower than the healthy norms. Males experienced greater impacts than females on vitality and mental health (p< 0.05). For gender identity, five domains of HRQOL had significant differences (p< 0.05). Masculinity orientation had the least impact on four domains (p< 0.05), while undifferentiated orientation had the largest impact on all domains. CONCLUSION: Sex and gender effects can be used to analyze disability and HRQOL in patients with low back pain. Females have higher disability, while HRQOL is greatly influenced by different gender role orientations.

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