British equality law protections for sex and gender reassignment have grown fraught as activists tussle over legal and social categories of gender, gender transitioning, and sex. This article considers the future of gender-related equality protections in relation to ‘decertification’—an imagined reform that would detach sex and gender from legal personhood. One criticism of decertification is that de-formalising gender membership would undermine equality law protections. This article explores how gender-based equality law could operate in conditions of decertification, drawing on legal thoughtways (...) developed for two other protected characteristics in equality law—religion and belief, and disability—to explore the legal responses and imaginaries that these two grounds make available. Religious equality law focuses on beliefs, communities, and practices, deemed to be stable, multivarious, and subject to deep personal commitment. Disability equality law focuses on embodied disadvantage, approached as social, relational, and fluctuating. While these two equality frameworks have considerable limitations, they offer legal thoughtways for gender oriented to both its hierarchies and its expression, including as disavowal. (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 paper examines normative feminist care scholarship through the lens of a sexual bathhouse. At first glance, a space dedicated to casual sexual pleasure seems at odds with feminist care. Drawing on the Toronto Women's Bathhouse (TWB) as a case study, this paper argues that bathhouse spaces can exemplify feminist care norms. At the same time, as a casual sexual space oriented towards personal autonomy, carefree conduct, and self-care, TWB also challenges certain feminist care assumptions. Drawing on these challenges, in (...) the light of wider problems with normative care theorizing, particularly the sanitization and idealization of personal relationships, the paper seeks to revision care along non-normative lines. (shrink)

If how the state is imagined shapes social and political action, the politics of state imagining provides an important site for progressive reflection. Arguing that conceptual approaches which support critique may not necessarily prove the best frameworks for supporting change, this article takes a left poststructuralist conception as its starting point to explore the place of conflicting interests, beliefs and affect in the make-up of the state and in shaping its enactment within civil society. Seeking to re-imagine state form in (...) a way that enhances the state's relevance for progressive politics, the paper moves between (i) conservative Christian refusal to provide gay people with a service, as public sector staff and guesthouse owners; and (ii) feminist work in embodiment studies and on the intimate/impersonal, with its ways of thinking about, and imagining, a state that is oriented to encounters, dissonance, tension and change. (shrink)

One feature of the neo/liberal possessive self is the propertied character of certain beliefs: treated as belonging to those who hold them, recognized and supported in acting on the world, and protected. While an ownership paradigm predates anti-discrimination and human rights regimes, these regimes have consolidated and extended the propertied status of certain identity beliefs in ways that naturalize and siloize them. But if beliefs’ propertied character is politically problematic, can it be unsettled and reformed? This paper considers one possible (...) mode for doing so, namely play. Oftentimes, play works to secure and assert the propertied attachments people have to their beliefs; but some forms of play offer other possibilities. Focusing on the state as a complex site of play relations and encounters, this article explores how state play engages identity beliefs in a contemporary legal drama of colliding beliefs between conservative Christians and liberal gay equality advocates. (shrink)

This book examines what value if any, the state has for the pursuit of progressive politics; and how it might need to be re-thought or reimagined to deliver transformative change. Is it possible to reimagine the state in ways that open up projects of political transformation? This interdisciplinary collection provides alternative perspectives to the 'antistatism' of much critical writing and contemporary political movement activism. Contributors explore ways of reimagining the state that attend critically to the capitalist, neoliberal, gendered and racist (...) conditions of contemporary polities, yet seek to hold onto the state in the process. Drawing on postcolonial, poststructuralist, feminist, queer, Marxist, and anarchist thinking, they consider how states might be reread and reclaimed for radical politics. At the heart of this book is state plasticity - the capacity of the state conceptually and materially to take different forms. This plasticity is central to transformational thinking and practice, and to the conditions and labour that allow it to take place. But what can reimagining do; and what difficulties does it confront? This book will appeal to academics and research students concerned with critical and transformative approaches to state theory, particularly in governance studies, politics and political theory, socio-legal studies, international relations, geography, gender/sexuality, cultural studies and anthropology. (shrink)

This paper explores conservative Christian demands that religious-based objections to providing services to lesbians and gay men should be accommodated by employers and public bodies. Focusing on a series of court judgments, alongside commentators’ critical accounts, the paper explores the dominant interpretation of the conflict as one involving two groups with deeply held, competing interests, and suggests this interpretation can be understood through a social property framework. The paper explores how religious beliefs and sexual orientation are attachments whose power has (...) been unsettled by equality law. But entangled with this property is another—that held in workers’ labour and public bodies’ resources. Arguing against the drive to balance competing interests, the paper uses social property to illuminate the agonistic character of the stakes. At the same time, it questions property as a normative framework for sexual orientation and religious beliefs. (shrink)

Radical innovations and practices frequentlyfind themselves in an inhospitable environment,struggling against the gravitational force ofdominant norms, practices and relations. Thispaper explores the problems radical changeconfronts in its attempts to become sustainable.Against the postmodern valorisation of thetransient and ephemeral, the paper argues forthe importance of routinisation and repetitionin the process of creating and sustainingchange. A metaphor of social pathways isdeveloped to explore how new routines arecreated through de jure (governance) andde facto (usage) means. The paper arguesthat, in contrast to governance, the (...) emergentdurability generated by usage enables routinesto outlive their conditions of existence.At the same time, routines at odds with theirsocial and institutional environment tend overtime to disappear. The second half of the paperdraws on four British attempts to introduce newpathways: lesbian and gay local governmentinitiatives, Conservative education reforms,Greenham Common Women's Peace Camp and LocalExchange Trading Systems (LETS). Through theseexamples, the paper reflects on attempts tocreate more conducive environments, and some ofthe difficulties this generates. (shrink)

How does a sense of touch, figuratively and practically, get deployed within equality governance, and to what questions and ways of thinking about the state does this direct us? Taking 2009–2010 as a snap-shot moment in the development of British equality reform—the year leading up to passage of the Equality Act 2010—this article explores the relationship between touch (the haptic) and equality governance from three angles. First, how have governmental bodies used touch language and imagery, including in geometrical representations of (...) disadvantage? Second, what other, more challenging encounters and actions are imaginable; specifically, can touch mobilise the feeling state as a critical form of active citizenship? Third, what re-conceptualisations of the state does the touching, feeling state invoke, and with what effects? Specifically, does conceiving of the state as a multi-identity formation reframe the risks associated with a haptic state, thereby opening up new strategies for political action? (shrink)