Engendering Sex: Birth Certificates, Biology and the Body in Anglo American Law

Authors

Saru Matambanadzo, University of California, Los Angeles

Abstract

The article critically examines the legal determination of sex, particularly for transgender individuals, arguing that current systems relying on rigid biological definitions fail to account for the complexity of gender identity. It advocates for a shift towards recognizing "lived gender," which integrates biology, culture, psychology, and social interactions to create a more inclusive and accurate legal framework. This approach challenges traditional legal and medical constructs that have historically marginalized transgender individuals and calls for legal reform to better reflect individual experiences and promote inclusivity.

Disciplines

Conflict of Laws | Constitutional Law | Law | Sexuality and the Law

Recommended Citation

Saru Matambanadzo, Engendering Sex: Birth Certificates, Biology and the Body in Anglo American Law, 12 Cardozo J. Equal Rts. & Soc. Just. 213 (2005).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol12/iss1/14