Dying While Trans: A Critical Analysis of Respect After Death Laws

Authors

Kara Nowakowski, Benjamin N. Cardozo School of Law

Abstract

The note critiques Respect After Death (RAD) laws, which aim to ensure that transgender and gender non-conforming (TGNC) individuals' gender identities are respected on death certificates and in funeral proceedings. While these laws represent progress, they fail to address systemic barriers faced by TGNC individuals, such as limited access to legal and medical transition resources, leaving many without the necessary documentation to secure their rights even in death. The note proposes a more comprehensive legislative solution for New York State to better protect TGNC individuals' bodily autonomy after death.

Disciplines

Health Law and Policy | Law | Law and Gender | Social Welfare Law

Recommended Citation

Kara Nowakowski, Dying While Trans: A Critical Analysis of Respect After Death Laws, 26 Cardozo J. Equal Rts. & Soc. Just. 79 (2019).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol26/iss1/6