Recently, scholars and activists have turned their attention toward improving the measurement of sex and gender in survey research. The focus of this effort has been on including answer options beyond “male” and “female” to questions about the respondent’s gender. This is an important step toward both reflecting the diversity of gendered lives and better aligning survey measurement practice with contemporary gender theory. However, our systematic examination of questionnaires, manuals, and other technical materials from four of the largest and longest-running (...) surveys in the United States indicates that there are a number of other issues with how gender is conceptualized and measured in social surveys that also deserve attention, including essentialist practices that treat sex and gender as synonymous, easily determined by others, obvious, and unchanging over the life course. We find that these understandings extend well beyond direct questions about the respondent’s gender, permeating the surveys. A hyper-gendered world of “males” and “females,” “brothers” and “sisters,” and “husbands” and “wives” shapes what we can see in survey data. If not altered, surveys will continue to reproduce statistical representations that erase important dimensions of variation and likely limit understanding of the processes that perpetuate social inequality. (shrink)

This article considers the model of recognition in the Gender Recognition Act 2004 (GRA) and, through a critique of the value of stability pursued through this legislation, argues that recognition as a model is incompatible with the variety of experiences of non-binary trans-identified individuals. The article then moves on to analyse self-declaration, part of the proposed reform recently dismissed by the Government. While self-declaration contains provisions that would minimise the length of the process of recognition as well as the level (...) of intrusiveness and stigma associated with it, this analysis highlights some fundamental theoretical concerns with its over-reliance on the strict dialectical logics on recognition and its structural inability to account for and respond to the challenges posed by non-binary trans individuals. (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)

The present study aims to verify the psychometric properties of the Spanish versions of the Social Roles Questionnaire (SRQ; Baber & Tucker, 2006), Modern Sexism scale (MS) and Old-fashioned Sexism scale (OFS; Swim et al. Swim & Cohen, 1997). Enough support was found to maintain the original factor structure of all instruments in their Spanish version. Differences between men and women in the scores are commented on, mainly because certain sexist attitudes have been overcome with greater success in the current (...) Spanish society, while other issues, such as distribution of power in organizational hierarchies or distribution of tasks in the household, where traditional unequal positions are still maintained. In all cases, it was found that men showed greater support for sexist attitudes. The correlations between the three instruments were as expected in assessing sexist attitudes that tend to relate to each other. Eventually, we found no empirical evidence for the postulated link between sexist attitudes and traditional gender stereotypes. Our results call for the validity and effectiveness of the classic theories of gender psychology, such as gender schema theories (Well, 1981; Markus et al., 1982) and the notion of a gender belief system (Deaux & Kite, 1987; 2001). (shrink)

This article presents the first empirically-based and theoretically-informed investigation of the effectiveness of the ‘self-declaration model’ of legal gender recognition in Denmark, the first European state to adopt it. Drawing upon analysis of legislative materials, as well as interviews with stakeholders in the legislative process and trans and intersex legal subjects, it contends that self-declaration is not without its limitations. By conceptualising embodiment as an ontological and epistemological process of becoming, and emphasising the institutional dimensions and effects of such processes, (...) it demonstrates that self-declaration may not address the complexities of legal embodiment, particularly concerning restrictions on trans and intersex people’s access to health care. The article’s empirical findings are directed towards the policymakers and activists tasked with shaping reforms of gender recognition legislation in the UK and elsewhere. The analytical agenda it develops may be adopted, and adapted, by scholars working in this area and other regulatory contexts. (shrink)