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Article

Our understanding and treatment of gender in the United States has evolved significantly over the past four decades. Transgender individuals in the current U.S. context enjoy more rights and protections than they have in the past; yet, room for progress remains. Moving beyond the traditional male–female binary, an unprecedented number of people now identify as transgender and nonbinary. Transgender identities are at the forefront of gender policy, prompting responses from public agencies at the local, state, and federal levels. Because transgender individuals face increased rates of discrimination, violence, and physical and mental health challenges, compared to their cisgender counterparts, new gender policy often affords legal protections as well as identity-affirming practices such as legal name and gender marker changes on government documents. These rights come from legal decisions, legislation, and administrative agency policies. Despite these victories, recent government action targeting the transgender population threatens the progress that has been made. This underscores the importance of comprehensive policies and education about transgender identities to protect the rights of transgender people.

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.