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'.     

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.