A Categorical Imperative ? Questioning the Need for Sexual Classification in Québec

Needham, Dorian

doi:10.7202/1005512ar

Cited by 2 publications

(1 citation statement)

References 3 publications

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“…Around the world-despite growing public awareness of sexual diversity-persons who experience a preferred legal sex outside male/female dichotomies confront social prejudice and identity erasure. 39 While law-makers and the general population increasingly embrace or accept persons who transition to a preferred male or female sex, there is still deep skepticism-and sometimes outright rejection-of self-identification beyond man and woman. Such identification is dismissed as unstable, 40 unreal, 41 overtly political, 42 or as a mere intellectualization of legal sex.…”

Section: Validating Identities Beyond Man and Womanmentioning

confidence: 99%

Beyond the Binary: Towards a Third Sex Category in Germany?

Dunne¹,

Mulder²

2018

Ger. law j.

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This Case Note discusses the recent judgment of the German Constitutional Court (1 BvR 2019/16) requiring either the legal recognition of sex categories beyond male or female, or the aboltion of sex registration requirements. The Note considers the Court's decision within the broader constitutional case law on gender identity, and explores both the progressive potential, and the future—perhaps unforeseen—consequences, of the ruling. The Case Note proceeds in three sections. Section A introduces the facts of the constitutional challenge, and sets out both the submissions of the complainant, as well as the reasoning of the Constitutional Court. In Section B, the Case Note explores the domestic law novelty of the decision, placing particular emphasis on the application of a constitutional equality framework to persons who experience intersex variance. Finally, in Section C, the Case Note contextualizes the judgment, situating the reasoning of the Constitutional Court within wider movements for transgender—otherwise known as trans—and intersex rights.

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Section: Validating Identities Beyond Man and Womanmentioning

confidence: 99%