Sex-Classification Policies as Transgender Discrimination: An Intersectional Critique

  title={Sex-Classification Policies as Transgender Discrimination: An Intersectional Critique},
  author={Heather Davis},
  journal={Perspectives on Politics},
  pages={45 - 60}
Sex-classification policies are unjust because they prompt and authorize administrative agents to use their own subjective gender judgments to target, inspect, and exclude transgender-appearing people from the public accommodations under their watch. The vast majority of sex-classification policies are not rationally related to legitimate policy goals because there is no objective, socially agreed upon test for determining who is male and who is female, and legitimate policy goals such as fraud… 
Abolishing gender registration: A feminist defence iii
This article argues in favour of the abolition of gender markers on identity documents. Its main goal is to assess the emancipatory dimension of such a proposition not only for gender minorities but
Sex segregation as policy problem: a gendered policy paradox
ABSTRACT 2017 marked the 45th anniversary of Title IX of the Education Amendments of 1972, a sex non-discrimination policy which remade American education and athletics. Has Title IX fulfilled its
Sports, Transgender Rights and the Bodily Politics of Cisgender Supremacy
Between 2020 and 2021, one hundred and ten bills in state legislatures across the United States suggested banning the participation of transgender athletes on sports teams for girls and women. As of
Religious Liberty, Same-Sex Marriage and Public Accommodations
Against the legal recognition of same-sex marriage, many advocates of religious liberty argue that those who adhere to “traditional” understandings of marriage should not be forced to “recognize”
Governing Juridical Sex: Gender Recognition and the Biopolitics of Trans Sterilization in Finland
Abstract In many countries, compulsory sterilization is still a precondition for amending juridical sex. Drawing on feminist and queer debates on the entanglement of recognition with
Attitudes toward transgender rights: perceived knowledge and secondary interpersonal contact
Transgender people face an uncertain legal climate, and efforts to include gender identity in policies have been met with both successes and failures. These policies are often developed in the
Social Equity, Homonormativity, and Equality: An Intersectional Critique of the Administration of Marriage Equality and Opportunities for LGBTQ Social Justice
  • C. Daum
  • Political Science
    Administrative Theory & Praxis
  • 2019
This article begins with a discussion of the current social equity scholarship and advocates for the increased use of intersectional tools in order to make legible those individuals who are made
The intersection of cisgenderism and hate crime: learning from trans people's narratives
Whilst trans people are gaining recognition and positive attention in some respects, many continue to experience discrimination and social exclusion in everyday life. This paper will illuminate
Morality Politics and New Research on Transgender Politics and Public Policy
Abstract Recent political debate over transgender military service and gendered bathroom use highlights a dramatic increase in salience over transgender issues in the US. In this essay, we examine a
Binary Thinking and the Limiting of Human Potential
Abstract Our society compresses a multitude of human identities into arbitrary categories, many of which are constructed as binaries. Binary constructs offer two mutually exclusive, possible ways of


What’s at Stake in Transgender Discrimination as Sex Discrimination?
  • A. Kirkland
  • Law
    Signs: Journal of Women in Culture and Society
  • 2006
A federal court recently held that discrimination against transsexuals is illegal sex discrimination under Title VII of the 1964 Civil Rights Act. The linchpin of the ruling is the legal concept of
Identity and the Case for Gay Rights: Race, Gender, Religion as Analogies
How should one chart a course toward legal recognition of gay rights as basic human rights? In this study, legal scholar David Richards explores the connections between gay rights and three
Safety and Solidarity Across Gender Lines: Rethinking Segregation of Transgender People in Detention
This Article examines the enforcement of racialized gender norms through the regulation of dress in prisons. Dress, including hair and clothing, is central to the ways government and other
Imagining Transgender: An Ethnography of a Category
Imagining Transgender is an ethnography of the emergence and institutionalization of transgender as a category of collective identity and political activism. Embraced by activists in the early 1990s
The state we’re in: Locations of coercion and resistance in trans policy, part 2
Over the last 15 years, the transgender rights movement has burgeoned in the United States. A handful of states and dozens of localities in the United States have passed nondiscrimination legislation
Sexing the Body: Gender Politics and the Construction of Sexuality
Why do some people prefer heterosexual love while others fancy the same sex? Is sexual identity biologically determined or a product of convention? In this brilliant and provocative book, the
God, Gays, and Progressive Politics: Reconceptualizing Intersectionality as a Normatively Malleable Analytical Framework
I draw on conservative black Christians' claims regarding their co-constitutive racial, religious, class, and sexual subordination to demonstrate that intersectionality is a heuristic that can be
Prejudicial Appearances: The Logic of American Antidiscrimination Law
In Prejudicial Appearances noted legal scholar Robert C. Post argues modern American antidiscrimination law should not be conceived as protecting the transcendental dignity of individual persons but
Justice and the Politics of Difference
This book challenges the prevailing philosophical reduction of social justice to distributive justice. It critically analyzes basic concepts underlying most theories of justice, including
Third-Wave Feminism and the Defense of “Choice”
How should feminist theorists respond when women who claim to be feminists make “choices” that seemingly prop up patriarchy, like posing for Playboy, eroticizing male dominance, or advocating wifely