In the past decade, a few countries have created a third gender category to legally recognize gender-nonconforming individuals. However, we know relatively little about the response of the gender-nonconforming individuals toward the legal third gender category. To address this gap, this article analyzes the different social, religious, and institutional discourses that have emerged around the recently created third gender category in Pakistan and their influence on the legal consciousness of the Khawaja Sira community, a marginalized gender-nonconforming group. Even though the (...) third gender category was created to address the unique gender identity of the Khawaja Sira community, most continue to legally register as men. My research indicates that the patriarchal stigma, high compliance costs, and limited material benefits associated with the legal third gender category dissuade the Khawaja Sira community from choosing to register. My findings point to the limitations of a legal third gender category within a patriarchal sociolegal order where important benefits associated with the masculine identity are forfeited by registering. In doing so, I caution against over emphasizing the symbolic value of legal recognition for gender-nonconforming groups. (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)

Scholars are increasingly concerned about social biases in facial analysis systems, particularly with regard to the tangible consequences of misidentification of marginalized groups. However, few have examined how automated facial analysis technologies intersect with the historical genealogy of racialized gender—the gender binary and its classification as a highly racialized tool of colonial power and control. In this paper, we introduce the concept of auto-essentialization: the use of automated technologies to re-inscribe the essential notions of difference that were established under colonial (...) rule. We consider how the face has emerged as a legitimate site of gender classification, despite being historically tied to projects of racial domination. We examine the history of gendering the face and body, from colonial projects aimed at disciplining bodies which do not fit within the European gender binary, to sexology's role in normalizing that binary, to physiognomic practices that ascribed notions of inferiority to non-European groups and women. We argue that the contemporary auto-essentialization of gender via the face is both racialized and trans-exclusive: it asserts a fixed gender binary and it elevates the white face as the ultimate model of gender difference. We demonstrate that imperialist ideologies are reflected in modern automated facial analysis tools in computer vision through two case studies: commercial gender classification and the security of both small-scale and large-scale spaces. Thus, we posit a rethinking of ethical attention to these systems: not as immature and novel, but as mature instantiations of much older technologies. (shrink)

Scholars have revealed how moral evaluation is woven into formal administrative processes. While research examining these dynamics tends to assume that a person’s naturalized identity (such as race and gender) precedes administrative processing, we argue that social categorization by administrators is the tacit precondition upon which further processing takes place. We make this argument by looking at a set of unusual cases: parole hearings where prisoners fall outside of, conflict with, or move between categories of gender, sexuality, race, and ability. (...) We find that categorization acts as a prerequisite to moral evaluation. When administrators cannot easily categorize a prisoner, they resolve this uncertainty by denying parole. Yet, social categorization can also serve as a pathway to moral approval and administrative allocation. In certain situations, administrators encourage prisoners’ identification with a new social category as proof that they are deserving of parole. In both cases, successful administrative categorization occurs through a combination of what we call narrativization, or crafting a narrative around one’s identity that aligns with administrators’ presumptions, and authorization, or marshalling official evidence from prior classification moments to support identity claims. These insights extend our understanding of classification, moral evaluation, and the administrative reproduction of inequality. (shrink)