This article considers what the implications of decertification would be for single-sex services such as domestic and sexual violence support. Some reform options attached to decertification could (re)allocate authority away from the state to organisations or individuals to determine gender criteria. What would the consequences of such re-allocation be in determining eligibility to receive or access services or excluding people on the basis of a characteristic protected under equality law? Engaging with this in the context of domestic and sexual violence (...) support service provision raises a number of questions. Firstly, does the existence of gender-based violence and/or of the effects it produces require a stable category in order to address them? What benefits may emerge from providing single-sex spaces that could not be replicated in other settings? And finally, what criteria of exclusion and inclusion are currently used to determine access to spaces beyond legal gender status? (shrink)

This article explores the challenge of developing a feminist law reform proposal to decertify sex and gender based on research conducted for the ‘Future of Legal Gender' project. Locating the proposal to decertify within a do-it-yourself, prefigurative approach to law reform, the article asks: Can a law reform proposal be both instrumental and radical? Can a proposal take shape as a viable legislative text and as a more subversive intervention to unsettle and reimagine gender’s relationship to law? This article explores (...) this at two levels. First, it considers the ontological challenges of developing a controversial law reform proposal in terms of its realness (or fictiveness), contours, and temporality, turning to ‘slow law' as a credible way of approaching radical reform. Second, it explores the design-based challenges of legal prototyping—foregrounding questions of legitimacy, participation, and purpose, which arise in designing a decertification law. At the heart of this discussion is the relationship between representation and enactment—between what a proposal presents and what its presentation does and does not accomplish. (shrink)

This article considers what the implications of decertification would be for single-sex services such as domestic and sexual violence support. Some reform options attached to decertification could (re)allocate authority away from the state to organisations or individuals to determine gender criteria. What would the consequences of such re-allocation be in determining eligibility to receive or access services or excluding people on the basis of a characteristic protected under equality law? Engaging with this in the context of domestic and sexual violence (...) support service provision raises a number of questions. Firstly, does the existence of gender-based violence and/or of the effects it produces require a stable category in order to address them? What benefits may emerge from providing single-sex spaces that could not be replicated in other settings? And finally, what criteria of exclusion and inclusion are currently used to determine access to spaces beyond legal gender status? (shrink)

This article offers an underexplored resistance strategy to gender norms, based on a feminist and queer reading of the work of French thinker Roland Barthes. Building on Barthes’s peculiar conception of what he calls “the Neutral” and revisiting his work in light of feminist and queer scholarship on sexual (in)difference, my main goal is to reshape our understanding of what it means to be gender neutral. In opposition to classical conceptions of neutrality associated with passivity, indifference, and blandness, I show (...) that Barthes’s Neutral can be conceived as an active gesture, which alters common systems of meanings and power, including the gender binary. But this conception of the Neutral, I argue, neither refers to a call for an androgynous, queer, or nonbinary gender experience. It does not target gender embodiments but gender regulations—that is, the social enforcement of gender categories (by way, for instance, of administrative forms, single-sex bathrooms, or normalizing attitudes toward others). A gender-neutral arrangement, therefore, refers to an ethical, administrative, social, or spatial relation in which subjects are not assigned based on gender categories. This practice of gender suspension, I show, has two main transformative effects. First, it opens a space of freedom and livability for gender-nonconforming subjects. Second, it contributes to lessening the significance of sexual difference in social life and therefore alleviating its symbolic and normative weight for everyone. (shrink)