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The situation of trans rights in Latin America varies greatly by country and region despite a binding 2017 opinion from the Inter-American Court of Human Rights (IACHR) clarifying member states’ obligations to guarantee trans rights. While countries in the Southern Cone and Northern Andes have recently made great strides in protecting and supporting their trans citizens, Central America, the Caribbean, and several countries in South America continue to offer little or no legal support for trans rights. Some countries, such as Argentina, Chile, Colombia, Ecuador, and Uruguay, have passed Gender Identity Laws that provide trans people with the ability to rectify their documents to reflect their names and gender identities. The current state of trans-specific policy in the region is explored by first framing it through an overview of the relevant parts of the IACHR ruling and then presenting the case for the depathologization of trans identities, one of the movement’s most pressing goals. Crucial to this discussion is the next section, which presents the current rights and limitations in trans-specific healthcare in the region. A discussion of the importance of gender identity as a basic human right, recognized in the IACHR ruling, follows, continuing on to an analysis of the place of children, adolescents, and their parents in relation to this right. Relatedly, the next section explores the prevalence and force of anti-discrimination laws in the region, which vary greatly in their specific protection of trans people. Finally, we attempt to look forward to what may be next in the fight for trans rights in the region, exemplifying cases such as that of Uruguay, which has recently begun to debate trans-specific reparations, and Argentina, which has begun to debate dedicated employment slots for trans people.

Article

The field of empirical scholarship on lesbian, gay, bisexual, transgender, and queer (LGBTQ) political and social movements that developed in the late twentieth and early twenty-first century has much to contribute to analysis of these movements and their political and cultural contexts. Empirical studies have examined LGBTQ movements in comparison to other types of social movements, finding similarities and alliances as well as distinctive elements. We have learned how LGBTQ movements operate in different global and local contexts, as well as how they interact with different kinds of political systems. Scholars have studied how broader social attitudes have evolved and responded to LGBTQ movements, and the way that backlash to these movements operate in different times and places. At the same time, the theoretical literature that grounds and interprets these studies contributes not just to the epistemology of social movements, but to understandings of the purposes of social and political theorizing. Scholars have examined the utility of different frameworks for understanding social movement organizing, such as the use of civil rights, human rights, and sexual citizenship frameworks. Scholars from the social sciences and humanities have at times brought different theoretical approaches to bear on our understanding of LGBTQ movements, evident in different perspectives regarding the theory of homonationalism. Among the exciting intellectual developments of the late 20th and early 21st century is the burgeoning field of trans studies and trans theory, of social and political theory informed by Global South and Indigenous perspectives, and from the queer of color critique literature.

Article

Trans is both an umbrella term for heterogeneous identities and a discrete collective identity type unto itself. It now encompasses a wide range of binary and nonbinary identifications like transsexual and transgender. Social movements arising that take up trans issues do so with certain caveats. Many make the important distinction that “trans” describes human practices and social identities preceding the construction of its modern name and meaning. Furthermore, social movements and activism advance the argument that trans embodiments are not confined to Western or medical imaginaries. Indeed, what is expressed within trans identity narratives have gone by other cultural names, with diverse histories all their own. The rise and ongoing role of American trans activism within social and political domains are careful to consider the narrative histories being summoned. Trans social movements are generally aware of the risks that analytic terms like movement or protest might imply. For better or worse, scholars often associate the rise of social and political protest movements of the 20th century in broadly fantastic terms. The emergence of trans communities, however, unfolded over the course of a century. The episodic ruptures that mark historical events (Compton’s Cafeteria or the Stonewall riots) tend to spur organizational consolidation. Indeed, many of the most recent trends in trans activism then consolidated into organized interests. On that many scholars can agree. But the historical process that led to this point of trans politics is not clear-cut. Often eclipsed by the twin narrative of queer liberation, trans social movements linger among a number of narrative histories. Three periodizations help identify how trans narratives of identity and social justice are deployed, by whom, and for what purpose. The nominal period marks the rise of transsexual identities as they emerged within the space of medical currents in the early 20th century. Trans people in mid-century America may have participated in the power of medical discourse in their own lives. For example, autobiographical texts describe psychic pain, depression, and suicidal ideation that were alleviated only through transition. Naming provides intelligibility to an otherwise opaque set of phenomena. The symbolic period moves away from privileging the medical archive to highlight the connections made between radical identity groups and the growth of organized resources by and for trans activists. Narratives here are socially symbolic and detail how terms like transsexual and transgender(ist) entered a complex cultural milieu. Many activists would permanently shape the lesbian, gay, bisexual, trans, queer, intersex, and agender (LGBTIA) communities for decades. The symbolic emphasizes a politics of narrative origins. Identifying the events and voices that shaped the mainstream conception of trans issues is critical to contemporary movements for social justice. The pluralist period reflects upon the various institutional interventions that shaped popular discourse around sex and gender in everyday life for trans people. It typically recasts the last three decades of the 20th century as a crucial epoch in trans activism (for both social and political forces). Between 1980 and 1990, new energy emerged that ran on the heels of a new posttranssexual politics. What emerged in the early 2000s was a rapid growth of organized advocacy and interest-group formation. Many of the organizations are still active and continue to shape national, state, and local policies. They represent one form of a blend of movement-related strategies for participating in the construction and durability of trans politics.

Article

B. Lee Aultman

Nonbinary trans identities have historically referred to a range of gender non-normative embodiments and self-making practices that stand on the outside of, or sometimes in direct opposition to, the Western binary classifications of sex/gender (i.e., man or woman, male or female). These identities include but are not limited to androgyny, genderqueer, genderfluid, gender nonconforming, and genderf*ck. Increasingly, nonbinary has become its own free-standing identity, without many of the historical connotations that genderqueer, for instance, might invoke. Nonbinary people identify themselves with gender-neutral pronouns or a fluid mixture of gendered pronouns in social practices. Some transition and take on embodiments that have a particular gendered aesthetic. This may or may not include sexual reassignment surgeries and other procedures that are body confirming. In short, nonbinary people have varied and robust social lives. The umbrella category of “trans” helps to situate some of the meaning and history of gender-non-normative identities. On the one hand, it can be a productive political vehicle that mobilizes communities of similarly felt histories toward collective action. On the other hand, it can limit the range of recognized embodiments and practices that have participated in the historically pertinent conventions that trans describes. The history of nonbinary identities is then a complex prospect. Such identities alter the categorical assumptions that underscore transsexual and transgender identities within binary terms. The complex narratives and histories of nonbinary trans identities raise some timely questions about the conventions of sex/gender in contemporary life. What constitutes one’s enduring sense of gender now that the binary itself has come under dispute? Should the gender binary be protected and for whom? In what varied ways do nonbinary identities alter a commonly shared imaginary of the bodily aesthetic? What role does desire play in the ongoing social changes in this long revolution of the body? The politics that emerge from these questions are becoming increasingly pressing as technology can now link otherwise isolated people across global boundaries. And finally, the reception of nonbinary identities offers important spaces of dialogue about the proliferation of identity politics, political movements, and the social divisions of labor these forces demand.

Article

Sex reclassification is a core issue of gender nonconforming legal engagements. Access to proper identification documents for trans and nonbinary people relates to lower levels of exposure to anti-trans violence, discrimination, and suicidality. In the first decades of the 21st century, the majority of global jurisdictions have seen some kind of reform with respect to sex reclassification. Nonbinary classifications, such as the X marker, are also becoming available for those who wish not to be classified as either M or F. Across the globe, five major policy streams can be found: total ban on reclassification, that is, having no law or policy in place that allows for reclassification; reproduction-related prerequisite, that is, requiring applicants to undergo sterilization or genital-related surgery; other medical intervention-based schemes, that is, requiring applicants to provide proof that they have modified their body using some kind of gender-related medical technology; corroboration requirements, that is, requiring that a third party, usually a medical professional, corroborates the identity of the applicant; and the emerging “gold standard,” gender self-determination, that is, laws and policies requiring only an expression of a desire or need to be reclassified. These streams of policy provide varying levels of access to proper identification documents and place different burdens on applicants, some requiring bodily modifications while others rely on autonomous will. Yet all these policies still demand an alignment between the internal truth of the body and external facts, resonating with the logic of birth assignment of sex itself—that is, the idea that the allocation of differentiated legal status of M or F reflects an immutable truth about legal subjects. Current laws and policies fail to address harms caused to gender nonconforming people by state mechanisms themselves. They only provide remedies ex post facto. In the early 21st century, all countries assign a differentiated legal status of either M or F at birth based solely, in almost all cases, on external genitals of newborns. This differentiated legal status is recorded on the birth certificate and becomes a part of one’s legal identity for life. This allocation of status reflects the idea that external genitals of newborns are proof of their owners’ future roles as men or women, that is, an idea that there is a pre-legal alignment between certain bodily configurations, social role, and gender performance. This mundane administrative mechanism not only justifies different treatment for men and women but also marks trans and nonbinary people as others. In order to better address the harm caused by systems of gendered distribution of resources and opportunities, there is a need to go beyond sex reclassification to question birth assignment itself.

Article

Following the end of the Cold War, the hegemony of the United States in Latin America was intimately related to the globalization of the hemispheric political economy. Free-trade agreements (FTAs) were crucial to this process, helping to extend and entrench the neoliberal model. As a result of the region’s political turn to the left during the 2000s, however, the Washington Consensus became increasingly untenable. As U.S. trade policy subsequently moved in the direction of a “post-Washington Consensus,” the “Pink Tide” fostered the creation of Latin American-led approaches to integration independent of the United States. In this context, the Trans-Pacific Partnership (TPP) was designed to catalyse a new wave of (neo)liberalization among its 12 participating countries, including the United States, Canada, Chile, Peru, and Mexico. The TPP codified an updated and comprehensive set of rules on an array of trade and investment disciplines not covered in existing agreements. Strategically linking the Asia-Pacific to the Americas, but excluding China, the TPP responded to China’s growing economic presence in Asia and Latin America. Largely a creation of U.S. foreign economic policy, the United States withdrew from the TPP prior to its ratification and following the election of Donald Trump as U.S. president. The remaining 11 countries signed a more limited version of the agreement, known as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), which is open to future participation by the United States and other countries in Asia and Latin America. The uncertainties in the TPP process represented the further erosion of Washington’s “free trade” consensus, reflecting, among other things, a crisis of U.S. hegemony in the Americas.

Article

Marissa Reilly, Elizabeth L. Hillman, and Elliot Koltnow

Examining the evolution of U.S military policy reveals how debates about the rights and opportunities of lesbian, gay, bisexual, and transgender (LGBT) people have been shaped by military personnel policies, federal laws, and cultural practices within military units. LGBT individuals have experienced U.S. military service through regulatory regimes that have often defined them as burdensome deviants and denied them civil rights enjoyed by other service members. LGBT people have served as volunteers and conscripts, openly and in the closet. Key periods of U.S. military history for LGBT service include World War II, the Cold War, as well as the Vietnam War era, the “Don’t Ask, Don’t Tell” (DADT) regime (1994–2010), and the post-DADT period (2011 and beyond). During these periods of time, the armed forces and the United States reassessed the regulation of the service of LGBT service members and implemented changes that affected the rights, opportunities, and safety of LGBT military personnel and potential recruits. Those changes traced a path from outright exclusion of open service by LGBT persons to exemption, under which LGBT persons may serve under certain conditions, which often included the threat of expulsion, punishment, and extra-legal violence. In the post-DADT period, inclusion, or open service by some, but not all, LGBT groups, was made legal and safer through changes in law and military regulations and training that protected against some types of gender-identity and sexual orientation discrimination. Because serving openly in the military is a sign of full citizenship in the United States as well as a means of achieving economic security, eliminating limits on LGBT military service has long been a focus of advocates for civil rights. Military service has been perceived as proving a citizen’s loyalty and patriotism as well as offering material and social advancement. With many LGBT people at greater risk of unemployment, homelessness, and premature death as a result of violence and social ostracism, military service has been an especially critical opportunity for political and economic advancement. Honoring this history and identifying existing trends can help the United States, other nations, and international organizations to adapt their policies in recognition of gender and sexual diversity. Even when excluded by formal policy, people have found ways to serve, sometimes at great personal risk. Although their labor is officially lauded as an asset, their contributions and needs have not been fully recognized or appreciated by the state they pledged to serve. As the nation’s largest employer and provider of structural resources, the U.S. military’s support of LGBT military personnel and veterans matters greatly to social equity for a still-vulnerable LGBT population.

Article

Cyril Alias, Bernd Kleinheyer, and Carla Fieber-Alias

In an integrated European Union, transport would be expected to be a major enabler of economic development and consumer services. This role, however, was not acknowledged, though laid down in initial treaties, until 30 years into the EU’s existence. A verdict of the European Court of Justice condemning the longstanding inactivity of the European Council and subsequent efforts toward a dedicated policymaking have changed the significance. The regular definition and monitoring of goals and objectives in European transport policy by means of White Papers and trans-European transport networks guide public attention to the policy area. From an initial stage, when transport was considered as a functional enabler for cooperation after World War II, transport has evolved toward a Community task, featuring a long phase of stagnation and a sudden change to actionism after the court verdict. From the 1990s onward, goals like liberalization, cohesion, environmental protection, modal shift, competitiveness, globalization, and resource efficiency characterize European transport policy. Despite the output failure in European transport policy over many years, the Single European Market propelled transport onto the center stage of European policies and later made it a key object of sustainability policies. This change in focus has also attracted citizens’ attention with the effect that the EU needs and manages to portray itself as an interactive and accountable legislator dialoguing with its population. This new openness is a mere necessity if the EU wants to pursue its goal of a Single European Transport Area that is both supported by its business and citizens. At the same time, European transport policy is subject to numerous external influences—both by other European and national policies and different stakeholder interest groups. The ordinary legislative procedure is preceded by the initial agenda setting over the proposal planning and issuing and ranges from the proposal to three readings before being passed by European Parliament and Council of Ministers. The stakeholders accompany the whole process and influence it at different stages. Several examples from the history of European transport policymaking are proof of this.