This article explores “determining gender,” the umbrella term for social practices of placing others in gender categories. We draw on three case studies showcasing moments of conflict over who counts as a man and who counts as a woman: public debates over the expansion of transgender employment rights, policies determining eligibility of transgender people for competitive sports, and proposals to remove the genital surgery requirement for a change of sex marker on birth certificates. We show that criteria for determining gender (...) differ across social spaces. Gender-integrated spaces are more likely to use identity-based criteria, while gender-segregated spaces, like the sexual spaces we have previously examined, are more likely to use biology-based criteria. In addition, because of beliefs that women are inherently vulnerable and men are dangerous, “men’s” and “women’s” spaces are not policed equally—making access to women’s spaces central to debates over transgender rights. (shrink)

In this article, I extend the feminist use of Friedrich Nietzsche’s account of memory and forgetting to consider the contemporary externalization of memory foregrounded by transgender experience. Nietzsche’s On the Genealogy of Morals argues that memory is “burnt in” to the forgetful body as a necessary part of subject-formation and the requirements of a social order. Feminist philosophers have employed Nietzsche’s account to illuminate how gender, as memory, becomes embodied. While the account of the “burnt in” repetitions of gender allows (...) us to theorize processes of embodied identity on an individual level, analyzing gender today requires also accounting for how gender is externalized. I take up this question through the specific examples of identity documents and sex-segregated bathrooms. Returning to Nietzsche’s call to practice a resistant forgetting, I conclude by exploring the distinct strategies required to disrupt externalized memory. These strategies include contesting the use of past gender assignments in data collection and rewriting architectural reminders of gender. (shrink)

While Judith Butler’s concept of the heterosexual matrix is dominant in gender and sexuality studies, it is a curiously aspatial and atemporal concept. This paper seeks to re-embed it within space and time by situating its emergence within colonial and imperial histories. Based on this discussion, it ends with three lessons for contemporary work on gender and sexuality and a broader theorization of sex-gender-sexuality regimes beyond the heterosexual matrix.

Although medical providers rely on similar tools to “treat” intersex and trans individuals, their enactment of medicalization practices varies. To deconstruct these complexities, we employ a comparative analysis of providers who specialize in intersex and trans medicine. While both sets of providers tend to hold essentialist ideologies about sex, gender, and sexuality, we argue they medicalize intersex and trans embodiments in different ways. Providers for intersex people are inclined to approach intersex as an emergency that necessitates medical attention, whereas providers (...) for trans people attempt to slow down their patients’ urgent requests for transitioning services. Building on conceptualizations of “giving gender,” we contend both sets of providers “give gender” by “giving sex.” In both cases too, providers shift their own responsibility for their medicalization practices onto others: parents in the case of intersex, or adult recipients of care in the case of trans. According to the accounts of most providers, successful medical interventions are achieved when a person adheres to heteronormative gender practices. (shrink)

In this article, we examine the ways gendered frames shift to make room for societal changes while maintaining existing pillars of systemic gender inequality. Utilizing the case of U.S. media representations of transgender people who reproduce, we analyze how media outlets make room for increasing societal recognition of transgender people and maintain cisnormative and repronormative traditions and beliefs in the process. Specifically, we outline how these media outlets accomplish both outcomes in two ways. First, they reinforce cisgender-based repronormativity via conceptualizations (...) of transgender reproduction as new and occurring in contrast to normative, cisgender reproduction. Second, they create a transnormative reproductive subject, which establishes a new socially sanctioned script for what it means to be transgender and what types of transgender experience may be recognized or accepted in mainstream society. In conclusion, we draw out implications for understanding how social authorities may shift existing gender frames to make room for changes in society while at the same time maintaining normative beliefs. These normative beliefs continue to facilitate societal patterns of gender inequality within such new frames. (shrink)

“Doing Gender,” Candance West and Don Zimmerman’s famous 1987 article, has become a folk concept—a trope or commonsense resource within the sociology of gender. Yet at the same time, most gender scholars overlook its ethnomethodological premise, visible in both poststructuralist misunderstandings of its argument outside the discipline of sociology and what I term a realist misunderstanding of it in the study of structures and identities within the discipline. Reading West and Zimmerman queerly while clarifying ethnomethodology’s ontology, I refocus attention for (...) critical scholarship on ethnomethodology’s analytic sensibilities for research on gender, race, and sexuality, among other embodiments. Specifically, ethnomethodology reframes a vision of actors as relational, practical actors; repositions gender as accountable, jointly produced social relations, not individual identity; and foregrounds resistance in addition to conformity. Hence, my gender is not mine; it is ours. Ethnomethodology’s ontological shift in temporality to reality-in-production enables interpretive-materialism: a queer, anti-racist, intersectional sociology that is future-facing and in motion. (shrink)

This article examines how efforts at legal legibility acquisition by gender diverse litigants result in problematic (e.g., narratives counter to self-identity) and, at times, erroneous discourses on sex and gender that homogenize the litigants themselves. When gender diverse persons approach the court with a rights claim, the narrative they present must necessarily limit itself to a normative discourse that the court may understand and, therefore, engage with. Consequently, the everyday lived experiences of gender diverse persons are often deliberately erased from (...) the narrative as litigants mould themselves into the pre-existing normative legal categories of gender and sex. As a result of such mechanisms, the article finds that gender diverse litigants face epistemic injustice in the courts as their legal legibility is constructed within a constraining gender binary paradigm of judicial discourse. The article explores the trajectory of transgender rights in India, through an analysis of case law prior to and post the landmark NALSA decision, to understand how the approach to transgender rights and identities has been shaped by and shapes, in turn, normative conceptions of gender. The article argues for the incorporation of temporal pluralism into the law that would allow courts to hear gender diverse litigant accounts premised on contemporary gender diversity beyond the binary (rather than incontestable prior understandings based in past precedent), which would better account for such social injustices. (shrink)

Legal institutions worldwide construct theories about gender’s ontology—i.e., theories about what gender is—and use those constructions to govern. In this article, I analyse how the Family Court of Australia constructed ontologies of gender to govern young people’s gender-affirming hormone use. By analysing the ‘reasons for judgment’ published about cases where minors applied for the Court’s authorisation to use hormones, I show that the Court constructed two theories about the ontology of gender concurrently—one essentialist and the other performative—which it leveraged to (...) arbitrate the legitimacy of hormone use. By critically examining the Court’s ontological assertions, I argue that both theories advanced anti-queer directives that tethered the legitimacy of hormone use to its promise to produce normatively gendered subjects. This analysis highlights that legal regimes concerned with controlling gender-affirming practices have much more at stake than access to those practices alone. By governing mechanisms of gender’s production, these regimes do not merely shape how gender can be expressed but also the possible forms of gender itself. (shrink)

How do institutions respond to expert contests over epistemologies of sex and gender? In this article, I consider how epistemological ascendancy in debates over the regulation of women athletes with high testosterone is established within a legal setting. Approaching regulation as an institutional act that defines forms of embodied difference, the legitimacy of which may be called into question, I show how sexed bodies are enacted through and as part of determinations of expertise. I focus on proceedings from 2015 when (...) the Court of Arbitration for Sport was asked to decide whether an Indian sprinter, Dutee Chand, could compete as a female athlete. Despite acknowledging that sexed bodies are unruly, the court ultimately endorsed the use of testosterone as seemingly essential to women’s athletic performance, thereby reasserting a two-category model of biological difference. The legitimacy of these regulatory efforts was established through the concurrent narrowing of expertise and the body, a process that is also revealed to be gendered. (shrink)

Transgender legal protections have long been contentious issues, with courts often pathologizing or refusing recognition of transgender identities. Recently, however, courts adjudicating asylum claims have recognized “transgender” as a legitimate category of protection. I take this legal development as an opportunity to ask how courts determine if individuals are transgender. While previous work has shown how courts maintain the gender binary, asylum law offers the first chance to analyze how recognizing a distinct transgender category affects the legal gender order and (...) the classification of trans claimants. Drawing on court decisions, ethnographic observations, and interviews, I argue that the recognition of transgender as a category implicitly acknowledges the malleability of gender. Yet, the adjudication of transgender asylum cases continues to uphold a fixed and binary conception of gender by assuming a “born into the wrong body” narrative and that claimants should always already know their gender identities. Courts thus enforce a cis–trans binary wherein only certain claimants are found “trans enough.”. (shrink)

Ample sociological evidence demonstrates that binary gender ideologies are an intractable part of formal organizations and that transgender issues tend to be marginalized by a wide range of social institutions. Yet, in the last 15 years, more than 200 colleges and universities have attempted to ameliorate such realities by adopting gender-inclusive facilities in which students of any gender can share residential and restroom spaces. What cultural logics motivate these transformations? How can their emergence be reconciled with the difficulty of altering (...) the gender order? Using an original sample of 2,036 campus newspaper articles, I find that support for inclusive facilities frames such spaces as a resource through which an institution can claim improved standing in the field of higher education. This process of engendering reputation allows traditional gender separation in residential arrangements to be overcome, but it also situates institutional responsiveness to transgender issues as a means of enhancing a college or university’s public prestige. This, in turn, produces novel status systems in the field of higher education—albeit ones that perpetuate familiar forms of institutional and cultural exclusion. (shrink)