Legal Categorization of 'Transgender': An Analysis of Statutory Interpretation of 'Sex', 'Man', and 'Woman'...

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Kimberly Tao (The Hong Kong Polytechnic University)

Legal Categorization of 'Transgender'

An Analysis of Statutory Interpretation of 'Sex', 'Man', and 'Woman' in Transgender Jurisprudence...

Kimberly Tao (The Hong Kong Polytechnic University)

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English

Cambridge University Press
21 March 2024

linguistics; Gender studies: transsexuals & hermaphroditism; Gender & the law; Judicial powers; Family law: marriage & divorce

Series: Elements in Language, Gender and Sexuality

This Element analyzes the foundational frame of legal reasoning when courts interpret the 'plain language' and 'ordinary meaning' of terms such as 'sex', 'man' and 'woman'. There is a rich and complicated line of cases on how to define these terms and how to legally categorize transgender people. When dealing with different legal issues, judges need to give a clear 'yes' or 'no', determinate answer to a legal question. Marginal categorizations could be problematic even for experts. It analyses nine decisions that relate to transgender people's workplace protection under Title VII in United States and the right to marry in United Kingdom and Hong Kong. It brings in a historical discussion of the development of interpretative practices of law and legal categorization of transgender individuals across past decades, drawing on the intricate relationship between time and statutory interpretation.

By: Kimberly Tao (The Hong Kong Polytechnic University)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 229mm, Width: 152mm, Spine: 4mm
Weight: 108g
ISBN: 9781009221207
ISBN 10: 1009221205
Series: Elements in Language, Gender and Sexuality
Pages: 70
Publication Date: 21 March 2024
Audience: General/trade , ELT Advanced
Format: Paperback
Publisher's Status: Active

1. Introduction; 2. Intellectual Background; 3. Legal Categorization and Definition of the Term 'Sex' in Title VII; 4. Statutory Interpretations of 'Man' and 'Woman' in Marriage Law; 5. Conclusion; References.