Deconstructing Binary Race and Sex Categories: A Comparison of the Multiracial and Transgendered Experience |
San Diego Law Review
Volume 39, Number 3 (2002)
pages 917-942
Julie A. Greenberg, Professor of Law
Thomas Jefferson School of Law, San Diego
This Article explores the potential difficulties that exist as legal institutions develop a classification of transgendered people, and suggests that an examination of how legal institutions have classified race and sex in the past can help shape the way that legal institutions shape transgendered classifications in the future. The article summarizes the development of race classifications for multiracial people. The author then examines the development of sex classifications for various legal purposes like marriage, identity, and the right to pursue discrimination claims. The author also examines how the medical community contributes to the stereotypical definitions of sex as binary and biologically determinable. The author then proceeds to evaluate some of the challenges that face the development of multiracial classifications, and how those challenges may affect the development of transgendered classifications. The author argues that in developing sex classification systems, legal institutions should be aware of the problems that can arise when seeking to adopt a single unified standard for determining sex, because where in some instances the acceptance of sex as a sociopolitical construct can promote greater acceptance of sexual minorities, it might also further contribute to discrimination.
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Tags: Julie A. Greenberg, San Diego Law Review