RESPONSE: SEX & GENDER DIVERSITY, AND THE LIMITATIONS OF LEGAL IDENTIFICATION

RESPONSE: SEX & GENDER DIVERSITY, AND THE LIMITATIONS OF LEGAL IDENTIFICATION

This comment expands on three key issues raised by the argument put forward in on the article by Ashleigh Bagshaw in this volume entitled ‘Exploring the Implications of Gender Identification for Transgender People under Australian Law’. It points out that sex and gender diversity goes beyond transsexualism and explores the need to factor this insight into any future legal developments. It notes that the implications of any change to marriage law could be profound for sex and gender diverse people, and considers how change should best proceed. It concludes that the debates about the fine detail of legal regulation in this area beg the question of whether law should even be in the business of identifying and recording people’s sex/gender in the first place.

Bennett, Theodore

University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review

2206-1398

University of South Australia

2015-11-24

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