Abstract:

Gender is perhaps the most pervasive, fundamental and universally accepted way we separate and categorize human beings. Yet, in recent years, U.S. courts and administrative state agencies confronted a growing challenge from individuals demanding to have their gender reclassified. Transgender people create a profound category crisis for social institutions built on the idea that biological sex is both immutable and dichotomous. Over the last four decades, the central legal question shifted- from how to allocate specific individuals to categories to the permeability of gender categories themselves. This analysis of 38 judicial gender determinations provides a glimpse of the literal construction of the “gender order,” and of the ways institutions gender individuals. It also provides powerful evidence that cultural anxieties about reproduction and the heterosexual, conjugal family underscore institutional efforts to manage the uncertainty of postmodern gender identities.