关于美国变性人歧视问题介绍

变性人在就业、教育、医疗保险等很多领域遭受歧视,本文分析变性人在这些领域遭受的歧视。对于如何解决歧视问题,需要各种政策和措施,尤其需要政府予以立法来保护变性人的权利。     

The feminist frontier: on trans and feminism

Against a back-drop of ongoing hostility between sections of feminism towards trans communities, and particularly feminist antagonism towards trans women, this paper explores the relationship between feminism and transgender. Through the use of original case study material, gathered by virtual methods, the paper explores events that have occurred since the millennium that are used to highlight particular epistemological and political tensions between feminism and trans. Central themes running through the case studies include the constitution of ‘woman’, the policing of feminist identities and spaces, and questions of bodily autonomy. In conclusion, the paper stresses the importance of rejecting trans-exclusionary feminism and of foregrounding the links between feminism and transgender as a key social justice project of our time.     

Call me Caitlyn: making and making over the ‘authentic’ transgender body in Anglo-American popular culture

A conception of transgender identity as an ‘authentic’ gendered core ‘trapped’ within a mismatched corporeality, and made tangible through corporeal transformations, has attained unprecedented legibility in contemporary Anglo-American media. Whilst pop-cultural articulations of this discourse have received some scholarly attention, the question of why this ‘wrong body’ paradigm has solidified as the normative explanation for gender transition within the popular media remains underexplored. This paper argues that this discourse has attained cultural pre-eminence through its convergence with a broader media and commercial zeitgeist, in which corporeal alteration and maintenance are perceived as means of accessing one’s ‘authentic’ self. I analyse the media representations of two transgender celebrities: Caitlyn Jenner and Nadia Almada, alongside the reality TV show TRANSform Me, exploring how these women’s gender transitions have been discursively aligned with a cultural imperative for all women, cisgender or trans, to display their authentic femininity through bodily work. This demonstrates how established tropes of authenticity-via-bodily transformation, have enabled transgender to become culturally legible through the wrong body trope. Problematically, I argue, this process has worked to demarcate ideals of ‘acceptable’ transgender subjectivity: self-sufficient, normatively feminine, and eager to embrace the possibilities for happiness and social integration provided by the commercial domain.     

Transformation: the Progression of Immigration Petitions for Transgender Spouses

U.S. citizens who marry foreign nationals may petition for their spouses so that the couple can reside permanently together in the United States. The guidelines set forth in the U.S. Citizenship and Immigration Services Adjudicator's Field Manual provide guidance to immigration officials for determining whether to grant or deny spousal petitions. Previously, the Adjudicator's Field Manual imposed a requirement that transgender individuals undergo costly and dangerous sex reassignment surgery in order to qualify as married for the purposes of a spousal petition. However, revisions to the Adjudicator's Field Manual issued in April 2012 provide transgender binational couples the opportunity to remain together in the United States without forcing one partner to undergo sex reassignment surgery. Given the history of discrimination against transgender individuals under U.S. immigration law, these revisions are a significant step in equality for transgender couples. Although these revisions provide many transgender binational couples with a means to remain together in the United States, this Note proposes that, to continue on the path toward equality for transgender couples, special guidelines should not be applied to marriages involving transgender partners if their marriage is deemed a valid heterosexual marriage in the state where solemnized. The goals of U.S. immigration law and compliance with the federal definition of marriage can be achieved without implementing individualized guidelines for transgender binational couples.

Key Points for the Family Court Community:
• Transgender spouses of a binational couple should not be subjected to additional guidelines when submitting spousal petitions that, if granted, would afford the couple the opportunity to reside together in the United States
• Transgender individuals should not be subjected to disparate treatment solely because the U.S. Citizenship and Immigration Services seeks to enforce discriminatory provisions of the Defense of Marriage Act
• A marriage should be recognized by immigration law if it is a valid marriage under the law of the state where the marriage was celebrated
• In order to achieve U.S. immigration law's mission of family unification, nontraditional couples should be afforded the same opportunity to remain together in the United States without additional scrutiny

     

Gender in the Context of Same‐Sex Divorce and Relationship Dissolution

This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same‐sex couples upon divorce or other relationship dissolution. When same‐sex couples marry, the legal system and society at large may project conceptions of gender onto same‐sex couples, often in a manner that conflicts with couples' intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same‐sex relationships.     

Transgender Family Law

Transgender people face unique issues in parentage, custody, and divorce cases. Many transgender people are raising children or wish to do so. This article examines the main legal issues facing transgender people who become parents by giving birth or impregnating a partner, through assisted reproduction, through marriage, by raising a child, or through adoption. In the past, some courts viewed a parent's gender transition as a sufficient reason to terminate parental rights. Today, the law has shifted to provide much more security for transgender parents, though significant bias still remains, particularly in divorce and child custody cases. In addition, many states have not yet fully addressed how to determine the legal parentage of children born through assisted reproduction. I analyze the legal landscape for transgender parents and spouses and offer critical suggestions to ensure that transgender people are able to protect their families and their parental rights.     

Australian news media’s representation of Cate McGregor,the highest ranking Australian transgender military officer

To date, no academic analysis has investigated the representation of transgender individuals by Australia’s news media (ANM). This paper conducts a discourse analysis of ANM’s representation of Cate McGregor, the highest ranking Australian transgender military officer. The author offers this analysis as a case study in which 28 articles were selected from a three-year period, beginning November 2012, when McGregor ‘came out’. By employing a feminist and transgender theory framework the author concludes that, on the one hand, ANM reproduces traditional transgender tropes (e.g. publishing ‘before/after’ photographs). On the other hand, ANM gives voice to McGregor’s views pertaining to living as a woman and a transgender woman, which are aligned with transgender theory. Thus, this author argues that ANM engages in a remediation of transgender theory. McGregor acknowledges that she has enjoyed the privilege of being socialized as a man and therefore her life as a woman, a transgender woman is different to other women. Moreover, as an ‘out’ transgender woman she is refusing to ‘pass’ and hide her sex/gender history. Subsequently, McGregor views on what it means to be a man, a woman, and a transgender woman, are disruptive to sex/gender normativities and she thereby embodies a ‘gender fuck’.     

An Exploratory Study of Custody Challenges Experienced by Affirming Mothers of Transgender and Gender‐Nonconforming Children

Family courts have lacked familiarity with evidence‐based recommendations regarding the best interests of transgender and gender‐nonconforming (TGNC) children, resulting in some affirming parents losing physical and/or legal custody. This exploratory, qualitative study with 10 affirming mothers of TGNC children who had experienced custody‐related challenges reported on salient themes, including “blame” for causing children's gender nonconformity, coercion by ex‐partners, bias in the courts, negative impact on children, emotional and financial toll on participants, and the critical importance of adequate resources. Findings indicate the need for better‐educated family court professionals, as well as socioemotional support and financial and legal assistance for affirming parents of TGNC children.     

A mock juror investigation of blame attribution in the punishment of hate crime perpetrators

We examined blame attribution as a moderator of perceptions of hate crimes against gay, African American, and transgender victims. Participants were 510 Texas jury panel members. Results of vignette-based crime scenarios showed that victim blame displayed significant negative, and perpetrator blame significant positive, effects on sentencing recommendations. Also as hypothesized, victim and perpetrator blame moderated the effect of support for hate crime legislation. Interaction patterns suggested that both types of blame attribution influence sentencing recommendations, but only for participants disagreeing with hate crime legislation. Three-way interactions with victim type also emerged, indicating that the effects of both types of blame attribution show particular influences when the victim is gay, as opposed to transgender or African American. Implications for attribution theory, hate crime policy, and jury selection are discussed.