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The past twenty years have seen an explosion of state laws focused on bathroom access, including laws that both restrict and expand the ability of people to access basic needs in public. Through an analysis of several distinct state-level policies that regulate bathrooms along the dimensions of gender and gender roles, gender identity, and disability, the author argues that bathroom access is an important aspect of citizenship, signaling both physical and symbolic exclusion and inclusion. Social citizenship requires that individuals and groups be able to fully take part in the public sphere, yet denying toilet access means that individuals can only exist in public for as long as they can 'hold it.' Thus, ensuring equal access to bathrooms – or denying it to targeted groups – becomes a powerful way for society to define who is a full citizen and to indicate who belongs and who doesn't in public spaces.
Depicting transgender persons in comics without falling into visual caricature and thereby perpetuating harmful stereotypes can be a delicate task. In this discussion, I draw upon the notion of picture-reading to argue that, despite this fact, comics as a medium is particularly well-suited—both formally and in terms of production-relevant factors—toward capturing and communicating the complexities of transgender experience.
Scholars have recognized the role that legal intermediaries can play in shaping the law through their interpretations of legal ambiguity and guidance to rule-takers on legal compliance. Although legal intermediaries thus have the potential to effect social change, most research in the area of employment discrimination has focused on the way they facilitate only symbolic compliance with the law. In this article, we examine how the Equal Employment Opportunity Commission (“EEOC”) took steps that legitimized a new area of claiming, classifying sexual orientation and gender identity (“SOGI”) discrimination as prohibited sex discrimination. Drawing on 2012–2016 confidential charge data, we analyze which alleged issues had a greater likelihood of being identified by EEOC actors as strong cases of discrimination. We use quantitative administrative data and a unique dataset generated from the coding of charge narratives to develop our description of the EEOC’s categorization of SOGI charges. Our findings indicate that first by accepting SOGI charges and then by assigning 34% – much higher than other discrimination charge bases – with the highest processing category, the EEOC made new law, expanding Title VII protection. At the same time, our findings reflect that the EEOC exhibited restraint in this expansion through prioritizing charges that were closely aligned to prior gender stereotyping cases, rather than more directly signaling an SOGI identity-based protection. These findings illustrate the exercise of initiative within prior legal constraint, defining a new area of legal claiming.
This chapter charts the processes by which deceptive sex came to be regarded as potentially constituting rape. Through tracing these developments, the chapter shows how doctrinal features of the law, such as the way consent and deception are thought to be related and the modes of deception punished by law, were important to this process. Yet the chapter also argues that to fully appreciate how and why the changes occurred, it is necessary to pay attention to the array of interests the law has sought to protect and how these have shaped the range of topics of deception that might ground a charge of rape. This argument leads to the conclusion that, in the context of deceptive sex, deception has not been considered wrongful because it invalidates or precludes consent, as is commonly thought; rather, deception has invalidated or precluded consent because it has sometimes been considered wrongful. The chapter ends by introducing some reasons why this insight is important to ongoing debates regarding the criminalisation of deceptive sex.
This chapter examines the law of nullity of marriage to consider how deception has affected the existence or validity of consent. It articulates important differences between void and voidable marriages, arguing that these speak to the public and private sides of marriage, respectively. It also showcases the range of deceptions that have been considered legally significant, situating these within the cultural framework outlined in Chapter 1. On top of this, the chapter argues that the range of qualifying deceptions has often been justified with reference to public policy or convention on the basis that the relevant information would typically be important to an intimate partner or that its disclosure would serve a collective interest or value. The chapter concludes by suggesting that changes in the law of nullity, and a small number of related areas of law, demonstrate that there is still a desire for legal recognition of the wrongs and harms associated with inducing intimate relationships, even as these have shifted over time.
This chapter summarises the overarching narrative of this book and argues that as was as being intrinsically valuable it can inform contemporary debates about using law to regulate the practices of inducing intimacy. The discussion is organised around three sets of issues: the public and private dimensions of sex and intimate relationships, including the interests protected by law, the form of response (i.e., state or non-state), and the variety of legal response (i.e., public or private); the structure of legal responses, the meaning of consent and its relation to deception, targeted modes of deception, culpability matters, the requirement for a causal link between deception and ‘outcome’, and the temporalities of the legal wrong; and the substance of deceptions, including the dynamics governing the range of topics about which transparency has been expected. Drawing the discussion together, the chapter concludes by offering a new framework for constructing legal responses to deceptively induced intimacy, which builds on the core insight and these responses have historically been predicated on temporally sensitive associations between self-construction and intimacy.
This article considers three “unanswered questions” raised by R. (McConnell) v Registrar General for England and Wales (AIRE Centre Intervening) [2020] EWCA Civ. 559, which held that a trans man (with a Gender Recognition Certificate) who gave birth must be registered as “mother” on his child’s birth certificate. This article considers these questions to clearly situate McConnell within the context of the UK’s legal regimes concerning access to fertility treatment, gender recognition and legal parenthood in cases involving assisted reproduction. The article argues that clearly establishing the current legal position will provide the proper context to facilitate any subsequent legal reforms.
This editorial describes the Cass Review findings and the extraordinary challenge we all face in managing uncertainty amid a toxic and highly polarised debate. Children and young people will only get the best care if patients and professionals join forces to seek answers collaboratively and respectfully.
This chapter will explore best practices in assessing, diagnosing, and treatment planning for LGBTQ+ clients. Examining issues and trends with standardized assessment tools with an emphasis on biopsychosocial assessment will be discussed. Within this chapter, effective strategies and techniques to assess sexual-affectional and gender identity will also be presented with an in-depth critique of heteronormative and cisnormative values that can negatively impact the assessment process. Throughout this chapter, resource examples of LGBTQ+ affirming treatment plans with case examples of intakes with sexual-affectional minority women will be presented.
This chapter will discuss information pertinent to understanding gender identity. We will discuss key terms and the importance of understanding language usage as a foundation for communicating respect, knowledge, and awareness. Counselors create safe and affirming spaces for the clients we serve. As such, counselors must understand the complex past and historical discrimination clients have experienced while examining their own understanding of these communities. Counselors will also seek to understand their ethical and legal responsibilities to marginalized and minoritized communities while understanding the importance of cultural considerations. Barriers to services and our collective responsibility to address these barriers rooted in discrimination will be addressed. While counselors maintain culture humility in an attempt to avoid ethnocentrism regarding their own beliefs around gender identity development, we seek to grow in knowledge and awareness. While antitrans legislation continues to increase, counselors must remain steadfast in their approach to advocacy and to providing ethical care.
This chapter – scaffolded by an interpretive, constructivist qualitative study design supported by liminality and intersectionality theory – shares the voices of nine undergraduate FGCS women of immigrant origin enrolled at a large, 4-year, public institution in the Mid-Atlantic. Our work was guided by the following research question: “How, if at all, do first-generation college student women of immigrant origin perceive the role of gender in their experiences on- and off-campus?” Analysis of multiple interviews with and among participants as well as analysis of participant journal reflections support findings that speak to the students’ perceptions of (1) how familial expectations and country/ies of origin values related to gender roles; (2) how race, immigration status, and language further complicated students’ perceptions of immigrant-origin identities; and (3) how serving in familial roles fostered gratitude, resilience, and transformation.
This chapter reviews what can be gleaned about human sexuality from the evolutionary and ethnographic record. Ancestral human sexuality leaves neither fossil nor archaeological evidence, but inferences about how humans mated, consorted, parented, formed partnerships, and aggregated into families can be drawn from two large and growing bodies of work, both discussed in this chapter. The first are anatomical and biological indicators of ancestral mating patterns inferred from fossil evidence as well as observations from nonhuman primates. The second is ethnographic research across an array of contemporary human societies, which highlights variation in mating, marriage, and family structure. Together, biological indicators and cross-cultural patterns shed light on the legacy, constraints, and possibilities carried forward into the diverse and variable expression of human sexuality today. Humans have a deep ancestry in a social structure of males and females living in social groups together, although how humans organize themselves is structurally different from anything observed in our closest relatives. Not only do families form around long-term pairbonds in all societies, but there is also a great deal of flexibility in who constitutes the pairbond, the families that surround them, and in the prevalence of extra-pair relationships.
Gender–sexuality alliances (GSAs) are school-based clubs that provide space for LGBTQ+ youth and their heterosexual cisgender peer allies to socialize, build community, provide social-emotional support, access LGBTQ+-affirming resources, and advocate against discrimination. In this chapter, we review the historical underpinnings of GSAs; their contemporary roles in schools; the ways in which GSAs harness their collective power to advocate and promote social justice for LGBTQ+ people; the ways in which youth experience empowerment through their GSA involvement; and how GSA research can be used by school administrators, GSA advisors, and youth leaders. Finally, we highlight avenues for future research that could further aid GSAs in their aspirations to promote thriving among their members and social justice in their schools.
The purpose of the present article is to describe the current state of sex and gender data collection in nutrition science research, discuss the effects of flawed data collection practices, highlight considerations for transgender and gender non-conforming populations and propose a sex- and gender-informed approach to human subjects research. Sex and gender are separate constructs that are often conflated in nutrition research and practice. Current nutrition surveillance programmes in the United States, United Kingdom and Ireland do not accurately capture sex and gender data, which undermines the accuracy of the analyses and excludes gender minorities. Transgender and gender non-conforming populations have distinct clinical and psychosocial nutrition considerations that require further research to inform nutrition policy and practice, such as anthropometric and biochemical changes with hormone therapy, eating disorders, food insecurity and nutrition as a source of empowerment or expression of gender identity. Researchers can apply a sex- and gender-informed approach to human subjects research by treating sex and gender as separate, relevant demographic data, appreciating gender as a fluid construct, and approaching data collection on gender minorities with sensitivity to privacy and confidentiality.
Little information is available on the association between gender nonconformity during adolescence and subsequent mental health. While the distress related to gender nonconformity may be socially produced rather than attributed to individual-level factors, further research is needed to better understand the role of psychosocial factors in this context.
Method
We analyzed data from the Tokyo Teen Cohort, obtained through random sampling of adolescents born between 2002 and 2004. We used inverse probability weighting to examine the association of gender nonconformity at ages 12 and 14 as a time-varying variable with subsequent mental health at age 16, while accounting for time-fixed and time-varying confounders. Furthermore, we used a weighting approach to investigate the mediating role of modifiable psychosocial factors in this association, addressing exposure-mediator and mediator–mediator interactions.
Results
A total of 3171 participants were analyzed. Persistent gender nonconforming behavior at ages 12 and 14 was associated with subsequent depression (β = 2.02, 95% confidence interval [CI] 0.85 to 3.19) and psychotic experiences (β = 0.33, 95% CI 0.14 to 0.52) at age 16. The results remained robust in sensitivity analyses. Approximately 30% of the association between gender nonconformity and depression was consistently mediated by a set of psychosocial factors, namely loneliness, bullying victimization, and relationships with mother, father, and friends.
Conclusions
Persistent gender nonconformity during adolescence is associated with subsequent mental health. Psychosocial factors play a vital mediating role in this association, highlighting the essential need for social intervention and change to reduce stigmatization and ameliorate mental health challenges.
This chapter addresses the challenges that often arise for Black transgender men and romantic partners when seeking support in therapy. It covers key terminology related to gender identity and its application to clinical practice with Black transgender men and their romantic partners. To further understand how to navigate couples therapy with transgender men, this chapter provides details on how to differentiate between gender and other facets of identity, like biological sex, gender identity, gender expression, gender presentation, and sexual orientation. The chapter also summarizes major Narrative Therapy concepts and explores Narrative Therapy interventions for working with Black transgender men and their romantic partners. A case example will serve as an education tool to illustrate Narrative Therapy with Black transgender men and their romantic partners.
Few population-based studies have compared the mental health of gender minority and cisgender adolescents.
Aims
To compare reports of psychological distress, behavioural and emotional difficulties, self-harm and suicide attempts between gender minority and cisgender adolescents.
Method
Data came from the Millennium Cohort Study (n = 10 247), a large nationally representative birth cohort in the UK. At a 17-year follow-up, we assessed gender identity, psychological distress (Kessler K6 scale), behavioural and emotional difficulties (parent and child reports on the Strengths and Difficulties Questionnaire), self-harm in the previous year, suicide attempts, substance use, and victimisation including harassment and physical and sexual assaults. Multivariable modified Poisson and linear regression models were used. Attenuation after the inclusion of victimisation and substance use was used to explore mediation.
Results
Of the 10 247 participants, 113 (1.1%) reported that they were a gender minority. Gender minority participants reported more psychological distress (coefficient 5.81, 95% CI 4.87–6.74), behavioural and emotional difficulties (child report: coefficient 5.60; 95% CI 4.54–6.67; parent/carer report: coefficient 2.60; 95% CI 1.47–3.73), self-harm including cutting or stabbing (relative risk (RR) 4.38; 95% CI 3.55–5.40), burning (RR 3.81; 95% CI 2.49–5.82), taking an overdose (RR 5.25; 95% CI 3.35–8.23) and suicide attempts (RR 3.42; 95% CI 2.45–4.78) than cisgender youth. These associations were partially explained by differences in exposure to victimisation.
Conclusions
Gender minority adolescents experience a disproportionate burden of mental health problems. Policies are needed to reduce victimisation and services should be adapted to better support the mental health of gender minority adolescents.
In a period in which racism and gender inequity are at the fore of public, political, and scholarly discourse, this collection challenges systems of gatekeeping that have dictated who gets to participate in twenty-first century country music culture. Building on established scholarship, this book examines contemporary issues in country music through feminist, intersectional, and post-colonialist theories, as well as other intertextual and cultural lenses. The authors pose questions about diversity, representation, and identity as they relate to larger concepts of artist and fan communities, stylistic considerations of the genre, and modes of production from a twenty-first century perspective. Addressing and challenging the received narrative about country music culture, this collection delves into the gaps that are inherent in existing approaches that privileged biography and historiography and expands new areas of inquiry relating to contemporary country music identity and culture.
This study explores how the Academy Award for A Fantastic Woman facilitated the adoption of Chile's Gender Identity Law. Approved in 2018 after languishing for over five years in Congress, the law establishes individuals’ right to modify their national identification documents without the need to change their physical appearance or receive prior court authorisation. While trans rights activists extensively lobbied for a law that guaranteed access to gender marker changes, conservatives rejected the initiative, framing their opposition in terms of Christian values and against the ‘gender ideology’ that purportedly informed the bill. We argue that this backlash dissipated in the wake of the award. International recognition made support for trans rights temporarily a matter of national pride, thereby opening a window of opportunity for the approval of the law. The case of Chile's Gender Identity Law illustrates how international status cues can foster normative change by mobilising affect in domestic audiences. It contributes to recent debates on status and domestic political change, and the role that emotion and affect play in world politics.
Is there a legitimate basis for religious exemptions from laws that prohibit gender identity discrimination on the basis of people’s beliefs? The author argues that much depends upon how gender dysphoria is understood. If it is seen as a problem requiring medical diagnosis and treatment, then arguably there is no religious basis for discrimination, except in a few situations where being a biological male or female is theologically essential to a particular role. Transgender identification, understood as a medical issue, fits within a belief system that God created two sexes of human beings, male and female. Within that belief system one can make room for an understanding that there are those who experience disorders of sex development and those who have such a profound sense of being born in the wrong body that they undertake steps toward medical transition to align their bodies, as far as possible, with the opposite sex. However, recent reinterpretations of what it means to be transgender involve an assertion that it should not be seen as a medical issue, that affirmation of a person’s self-declared gender identity, with or without having hormonal treatment or surgery, is a matter of human rights and that the law should recognize that people may have a gender that, however described, is nonbinary. These views rely on certain beliefs and positions that have a very weak basis in science. They challenge religious beliefs, which accord with mainstream scientific understanding, that human beings are intrinsically a sexually dimorphic species. People of faith need the freedom to reject beliefs that are incompatible with their worldviews. That does not mean that ill-treatment of someone on the basis of their gender identity can ever be justified; but it does support a religious exemption from a legal obligation to accept someone else’s self-declared gender identity. It is one thing to ask me to respect your beliefs about yourself. It is another to ask me to act toward you as if I share your beliefs.