Cover -- Contents -- Acknowledgments -- Introduction -- ONE. The Case Law: Expanding Protection -- TWO. Neutrality -- THREE. Antisubordination -- FOUR. Status -- FIVE. Perfectionism -- SIX. Expressive Freedom: A Short Discussion of a Value That Is Not There -- SEVEN. The Race Paradox -- Conclusion -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W
When the Civil Rights Act of 1964 was passed, its primary target was the outright exclusion of women from particular jobs. Over time, the Act’s scope of protection has expanded to prevent not only discrimination based on sex but also discrimination based on expression of gender identity. Kimberly Yuracko uses specific court decisions to identify the varied principles that underlie this expansion. Filling a significant gap in law literature, this timely book clarifies an issue of increasing concern to scholars interested in gender issues and the law.
How are culturally constructed stereotypes about appropriate sex-based behavior formed? If a person who is biologically female behaves in a stereotypically masculine manner, what are the social, political, and cultural forces that may police her behavior? And how will she manage her gendered image in response to that policing? Finally, how do race, ethnicity, or sexuality inform the way that sex-based roles are constructed, policed, or managed? The chapters in this book address such questions from social science perspectives and then examine personal stories of reinvention and transformation, including discussions of the lives of dancers Isadora Duncan and Bill T. Jones, playwright Lorraine Hansberry, and surrealist artist Claude Cahun.Writers from fields as diverse as history, art, psychology, law, literature, sociology, and the activist community look at gender nonconformity from conceptual, theoretical, and empirical perspectives. They emphasize that gender nonconformists can be gay, lesbian, bisexual, transgender, or anyone else who does not fit a model of Caucasian heterosexual behavior characterized by binary masculine and feminine roles.
In 1973, homosexuality was officially depathologized with a revision in the Diagnostic and Statistical Manual of Psychiatry. In 1980, a new diagnosis appeared: Gender Identity Disorder of Childhood (GID). The shift separated gender from sexuality, while it simultaneously reinforced traditional concepts of "male" and "female" and made it possible for cross-gendered behavior and/or identification to be deemed psychiatric illness. What is the difference then between a child being called a sissy on the playground and being labeled with a disorder in a psychiatric hospital? Combining theory and personal narrative, this volume interrogates the meaning of "the normal" that pervades the literature on GID and investigates the theoretical underpinnings of the diagnosis. Sissies and Tomboys considers how the stigma of illness influences a child's development and what homosexual childhood, freed from the constraints of conventionally acceptable gender expression, might look like.
In Going Stealth Toby Beauchamp demonstrates how the enforcement of gender conformity is linked to state surveillance practices that identify threats based on racial, gender, national, and ableist categories of difference. Positioning surveillance as central to our understanding of transgender politics, Beauchamp examines a range of issues, from bathroom bills and TSA screening practices to Chelsea Manning's trial, to show how security practices extend into the everyday aspects of our gendered lives. He brings the fields of disability, science and technology, and surveillance studies into conversation with transgender studies to show how the scrutinizing of gender nonconformity is motivated less by explicit transgender identities than by the perceived threat that gender nonconformity poses to the U.S. racial and security state. Beauchamp uses instances of gender surveillance to demonstrate how disciplinary power attempts to produce conformist citizens and regulate difference through discourses of security. At the same time, he contends that greater visibility and recognition for gender nonconformity, while sometimes beneficial, might actually enable the surveillance state to more effectively track, measure, and control trans bodies and identities.
In 1863, San Francisco’s Board of Supervisors passed a law that criminalized appearing in public in “a dress not belonging to his or her sex.” Adopted as part of a broader anti-indecency campaign, the cross-dressing law became a flexible tool for policing multiple gender transgressions, facilitating over one hundred arrests before the century’s end. Over forty U.S. cities passed similar laws during this time, yet little is known about their emergence, operations, or effects. Grounded in a wealth of archival material, Arresting Dress traces the career of anti-cross-dressing laws from municipal courtrooms and codebooks to newspaper scandals, vaudevillian theater, freak-show performances, and commercial “slumming tours.” It shows that the law did not simply police normative gender but actively produced it by creating new definitions of gender normality and abnormality. It also tells the story of the tenacity of those who defied the law, spoke out when sentenced, and articulated different gender possibilities.
This text provides a comprehensive analysis of the legal issues concerning gender and sexual nonconformity in the United States. The text is split into three parts covering the post-Civil war period to the 1980s, contemporary issues and legal arguments.
The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.
Introduction -- Kissing cousins : queerness, crime, and knowing -- Seeing sexuality like a state -- Forensic psychology, complicit expertise, and the legitimation of law -- Insurgent expertise and the hybrid network of LGBTQ asylum -- Asylum seekers and signs of queerness -- Sex offenders and the detection of deviance -- Queer subjects and the construction of risky countries -- Sexual predators and the constitution of dangerous individuals -- Conclusion : sexuality, science, and citizenship in the twenty-first century.
This casebook on the law of sexual orientation and gender identity weaves historical, sociological, and literary perspectives into the legal material. It provides comprehensive coverage of many significant recent developments, including the Supreme Court's 2013 same-sex marriage cases and the regulatory aftermath of the striking down of the Defense of Marriage Act. This edition also adds new material on the interstate recognition of same-sex couples' marriages, First Amendment claims raised by LGBT rights opponents, and family law disputes between LGBT parents. In addition, it significantly expands its coverage of gender identity issues.
