SILENT CHANGES: TRANSSEXUALS’ RIGHT TO MARRY IN CHINA’S MAINLAND AND HONG KONG

In comparison to the arduous process of rights advocacy in Hong Kong, transsexuals in China’s mainland achieved their right to marry via some “silent changes”: there was no legal activism from transsexual communities, no debates or hearings in the legislature, and no landmark judgments made by the judiciary. From a perspective of comparative law, this article attempts to analyze the legal changes regarding transsexuals’ right to marry in China’s mainland in light of the struggles in Hong Kong. It endeavors to discuss to what extent the seemingly “smooth” and “unintended” way of opening up marriage to transsexuals in China’s mainland could be beneficial to trans rights and equality in general.     

Spectacular metamorphosis and an erotic device in the self-promotion campaign of a satellite television channel

In contrast to the increased popularity of gay and lesbian representations in the visual media of the early 2000s, the imagery of androgynous, inter-sex and transgender subjectivities, particularly in television commercials, is conspicuously limited. This article distinguishes three main categories of cinematic (mis)representation of gender transgression: the opportunistic lipstick, the “authentic” lipstick, and the fabulous lipstick. It examines this classification through the analysis of a unique, self-promotional television commercial broadcast by Yes+, an Israeli digital television channel whose visual contents often transgress the limits of mainstream television. Although the discussed advert conforms to the commercial imperative to attract Israeli audiences by all means, it is much more polysemic than one might notice at first glance. This study problematizes the sensational aspects of this “spectacular drama,” embraces its diverse erotic identifications and re-examines the price of queer visibility in the age of exploitive striptease culture.     

Human Rights Culture: Solidarity,Diversity and the Right to be Different

The concept of a human rights culture has been crucial to the incorporation of the European Convention of Human Rights into UK law. In this paper media and activist representations of human rights for lesbian, gay, bisexual and transgender human rights are considered as indicative of an emerging human rights culture, especially around the Civil Partnerships Act 2004. A typology of representations of rights is developed and discussed. It is concluded that insofar as there is an emerging human rights culture, it is one that is concerned above all with creating and maintaining civic relationships rather than with the assertion of individual liberty, and as inviting political compromise rather than a principled stance on universal human rights.     

“Gender is No Substitute for Sex”: A Comparative Human Rights Analysis of the Legal Regulation of Sexual Identity

U.K. regulation of sexual identity within a marriage context has traditionally been linked to biological sex. In response to the European Court of Human Rights decisions in Goodwin and I.,² and in order to address the question of whether a transsexual person can be treated as a “real” member of their adoptive sex, the U.K. has recently passed the Gender Recognition Act 2004. While the Act appears to signal a move away from biology and towards a conception of sexual identity based on gender rather than sex, questions of sexual identity remain rooted in medico-legal assessments of the individual transsexual body/mind. In contrast, because transsexual people in some parts of Canada have been able to marry in their post-operative sex since 1990, contemporary debates on the sexual identity of transsexual people in British Columbia and Ontario do not focus on the validity of marriage, and more frequently centre upon the provision of goods and services, in human rights contexts where sex is said to matter. Currently in Canada this is prompting questions of what it means to be a woman in society, how the law should interpret sex and gender, and how, if at all, the parameters of sexual identity should be established in law. This article seeks to compare recent U.K. legal conceptualisations of transsexuality with Canadian law in this area. As human rights discourse begins to grow in the U.K., the question remains as to whether or not gender will become an adequate substitute for sex.See Johnson “Gender is no substitute for Sex” Daily Telegraph, 24 February 2004. I am being disingenuous here as the author of the article is arguing that replacing the term sex with gender in relation to transsexuality is erroneous and an annoying Americanism, whereas I am arguing that neither term is adequate. Goodwin v. U.K. [2002] 35 E.H.R.R. 18; I. v.U.K. [2002] 2 F.L.R. 518.     

English Transgender Law Reform and the Spectre of Corbett

This article will provide a critique of tworecent English marriage law decisions, thefirst concerning a (female to male) transgenderman and the second a (male to female)intersexed woman. It will do so throughconsideration of the dialogue between each andthe landmark transgender case of Corbett v. Corbett. It will highlight howboth decisions, in seeking to minimise the factof `departure' from Corbett, serve toreproduce key elements of that decision whichserve to undermine the future prospects fortransgender law reform in the English context.In particular, both decisions, in differentways, or with different emphases, ensure that`legal sex' continues to be determined by(bio)logical and temporal factors. Crucially,however, as in Corbett, it is legalanxiety over the boundaries of the `natural',and the homophobia of law, that underscoresthis anxiety, that account for these particularconstructions of `legal sex'.     

Transing the small screen: loving and hating transgender youth in Glee and Degrassi

The teen television shows Glee (2009-) and Degrassi (2001-) are notable for diversity in gender and sexuality representations. Glee represents a variety of masculine women and feminine men as well as gay, lesbian, and bisexual characters. Likewise, Canada's Degrassi franchise has portrayed non-heterosexual characters in significant and controversial ways. Its most recent incarnation, Degrassi (previously Degrassi: The Next Generation) is discussed in this article, alongside Glee, in relation to their recent inclusions of two transgender-identified teenagers bringing transgenderism to the fore of these programmes' discussions of gender and identity. As trans youth are highly vulnerable due to both systemic ageism and cisgenderism, it is not surprising that both detail narratives of discrimination and assault driven by bigotry and ignorance. Conversely, they also explore more positive aspects of the lives of young people, such as friendship and romance (even as these cause their own problems at times), also enjoyed by trans youth. As such, the themes of ‘love’ and ‘hate’ manifest in interesting ways in both of these televisual texts and guide this article's analysis. While challenging assumptions that trans lives are governed by negative emotional states, these representations continue to reify stereotypes, not only of transness, but also of boyhood, girlhood, race and their intersections. Both representations are grounded in material and emotional journeys (or movements) and the concept of the ‘moving body’ (Keegan, 2013 Keegan, C. M. (2013). Moving bodies: sympathetic migrations in transgender narrativity. Genders, 57. Retrieved from http://www.genders.org/g57/g57_keegan.html. [Google Scholar]) partly informs these readings. The privileging of certain modes of trans personhood and embodiment over less normative (unseen, unacknowledged, and thus invisible) ones is at stake in these representations, but they also lay the groundwork for diverse future depictions. By addressing this gap in research, this article elucidates how gender (diversity) is being constructed for consumption on adolescent television and its potential for (re)thinking trans/gender, identity, and embodiment for young people in contemporary Western societies.     

Queer,young, and homeless: A review of the literature

Queer (lesbian, gay, bisexual, transgender, intersex, questioning, two-spirited) youth are greatly overrepresented in the homeless youth population. The present review critically analyzes the literature on queer youth homelessness, with a particular focus on (a) methodological issues; (b) entries into homelessness; (c) programming needs; (d) targeted programming; and (e) exits out of homelessness. Results from this review demonstrate that homeless queer youth are a unique population who require specialized services, implemented by sensitive and knowledgeable staff. Recommendations focus on practical implications, policy implications, and ideas for future research.     

SAME‐SEX MARRIAGE AND DIVORCE: A PROPOSAL FOR CHILD CUSTODY MEDIATION*

Same‐sex marriage is a contentious, politically charged issue full of diverse, complicated considerations. In 2003, Massachusetts joined the list of jurisdictions to legalize same‐sex marriage, the first in the U.S. Now that same‐sex couples can marry in particular international jurisdictions, governments must address how to sensitively allow these couples to divorce. Same‐sex couples have a unique set of needs and issues, most clearly demonstrated if children are involved in the marriage. This Note argues for the creation of mediation programs in American jurisdictions with same‐sex marriage, to specifically determine child custody agreements upon divorce.     

Transgendering Mother's Day: blogging as citizens' media,reproductive rights and intimate citizenship

Citizenship is fast emerging as a central concern for transgender politics. This article approaches the topic of transgender citizenship by investigating empirically how the practice of blogging has served as a way of claiming, or practicing, intimate citizenship for transgendered people. Theorization of intimate citizenship helps us to further our understanding of the ways in which our most private decisions and practices are inextricably linked with public institutions, law and state policies. Significantly, this development is also tied up with other characteristically late modern technological advancements, ranging from new reproductive technologies to new Information and Communication Technologies. In the case of transgender politics, such interlacings become particularly perspicacious, not only due to modern discourses concerning diagnosis and treatment, but also because the presence of social media resources affords new possibilities for the sharing of personal and political narratives about ‘being transgendered’. In this article, I investigate an event in the Swedish blogosphere, namely the way in which the national celebration of Swedish Mother's Day became a site for the contestation of the current limitations of the reproductive legal rights for transgendered people, providing an opening for a more general debate on transgender reproductive rights.     

Special Issue: Gender,Sexuality and Human Rights

This brief article introduces a special issue of Feminist Legal Studies addressing gender, sexuality and human rights, and comprising papers drawn from an E.S.R.C.-funded workshop held at the University of Kent in June 2004 on the theme of “Gender-Auditing the Human Rights Act”. The article begins by situating the themes of the special issue within the broader context of feminist engagement with rights discourse. It goes on to consider the introduction of the Human Rights Act 1998 into the U.K. with a view to assessing its implications in terms of engendering a positive legal and political culture for equality-seeking initiatives. The article concludes with a survey of the contributions to the special issue, highlighting the possibilities for feminist theory and strategy posed by a wider intersectional engagement with rights issues.