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  1. “I Don’t Think That’s Something I’ve Ever Thought About Really Before”: A Thematic Discursive Analysis of Lay People’s Talk about Legal Gender.Elizabeth Peel & Hannah J. H. Newman - 2023 - Feminist Legal Studies 31 (1):121-143.
    This article examines three divergent constructions about the salience of legal gender in lay people’s everyday lives and readiness to decertify gender. In our interviews (and survey data), generally participants minimised the importance of legal gender. The central argument in this article is that feminist socio-legal scholars applying legal consciousness studies to legal reform topics should find scrutinizing the construction of interview talk useful. We illustrate this argument by adapting and applying Ewick and Silbey’s (1998) ‘The Common Place of Law: (...)
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  • A Critique of the Model of Gender Recognition and the Limits of Self-Declaration for Non-Binary Trans Individuals.Caterina Nirta - 2021 - Law and Critique 32 (2):217-233.
    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 (...)
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  • “A Rose is a Rose”: On Producing Legal Gender Classifications.Tey Meadow - 2010 - Gender and Society 24 (6):814-837.
    Gender is perhaps the most pervasive, fundamental, and universally accepted way we separate and categorize human beings. Yet in recent years, U.S. courts and administrative state agencies have confronted a growing challenge from individuals demanding to have their gender reclassified. Transgender people create a profound category crisis for social institutions built on the idea that biological sex is both immutable and dichotomous. During the past four decades, the central legal question shifted from how to allocate specific individuals to categories to (...)
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  • Gender Recognition Reform (Scotland) Bill: GRA Reform Tries to Rights a Wrong.Harvey Humphrey - 2022 - Feminist Legal Studies 31 (2):265-272.
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  • Introduction to Special Issue: Decertifying Legal Sex—Prefigurative Law Reform and the Future of Legal Gender.Davina Cooper & Flora Renz - 2023 - Feminist Legal Studies 31 (1):1-16.
    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 (...)
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  • Crafting Prefigurative Law in Turbulent Times: Decertification, DIY Law Reform, and the Dilemmas of Feminist Prototyping.Davina Cooper - 2023 - Feminist Legal Studies 31 (1):17-42.
    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 (...)
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