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The Scientific Gaze in American Transgender Politics: Contesting the Meanings of Sex, Gender, and Gender Identity in the Bathroom Rights Cases

Published online by Cambridge University Press:  27 July 2018

Jo Wuest
Jo Wuest*
Affiliation:
University of Pennsylvania
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Abstract

In this article, I examine how conflicts over transgender bathroom rights have ignited debates concerning the fundamental nature of transgender identity. Through an institutional and discursive analysis of North Carolina's House Bill 2 or “bathroom bill,” the Title IX case in Gloucester County School Board v. G. G., and similar federal court cases, I explore how and why forces both on the right and in the LGBTQ movement have come to rely on scientific expertise to legitimate their conceptions. As conservatives have marshaled evidence to challenge notions that transgender identity is innate, LGBTQ and transgender organizations as well as the American Civil Liberties Union have crafted a “born this way” biopolitical construction of transgender identity. I find that at their core, these conflicts are over the meanings of gender and sex in relation to transgender identity. Conservatives posit sex as biologically rooted and gender as a psychological phenomenon, whereas transgender advocates subsume gender identity into the definition of sex in arguing that constitutional and federal civil rights law must recognize gender identity as a biologically constitutive element of sex. I conclude by noting the limits of a liberal assimilationist and litigation-centric transgender politics and by exploring alternatives to this biopolitical form of transgender political identity.

Keywords

Transgender politicsgay and lesbian politicsLGBTQ politicsbiopoliticsAmerican political developmentpublic law
Type
Research Article
Information
Politics & Gender , Volume 15 , Issue 2 , June 2019 , pp. 336 - 360
Copyright
Copyright © The Women and Politics Research Section of the American Political Science Association 2018 

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Footnotes

The author would like to thank Rogers M. Smith, Roger Lancaster, and Carly Regina for their thoughtful comments, as well as the participants in the 2017 Western Political Science Association Conference, the 2017 Law & Society Conference, the University of Pennsylvania Gender, Sexuality, and Women's Studies Graduate Colloquium, and the editor and reviewers at Politics & Gender for their feedback and guidance.

References

REFERENCES

Aizura, Aren Z. 2006. “Of Borders and Homes: The Imaginary Community of (Trans)sexual Citizenship.” Inter-Asia Cultural Studies 7 (2): 289–309.Google Scholar
American Civil Liberties Union (ACLU). 2003. “ACLU Message Points for Same-Sex Couples and the Federal Marriage Amendment.” (Copy available from the author)Google Scholar
American Psychiatric Association. 2013. Diagnostic and Statistical Manual of Mental Disorders, 5th Edition. Arlington, VA: American Psychiatric Association.Google Scholar
Aultman, B Lee, and Currah, Paisley. 2017. “Politics outside the Law: Transgender Lives and the Challenge of Legibility.” In LGBTQ Politics: A Critical Reader, eds. Brettschneider, Marla, Burgess, Susan, and Keating, Christine. New York: New York University Press, 34–53.Google Scholar
Balingit, Moriah. 2017. “After Trump Administration Rescinds Transgender Student Directive, States Drop Lawsuit Challenging It.” Washington Post, March 2.Google Scholar
Brill, Stephanie, and Pepper, Rachel. 2008. The Transgender Child: A Handbook for Families and Professionals. San Francisco: Cleis Press.Google Scholar
Brubaker, Rogers. 2016. “The Dolezal Affair: Race, Gender, and the Micropolitics of Identity.” Ethnic and Racial Studies 39 (3): 414–48.Google Scholar
Bryant, Karl. 2006. “Making Gender Identity Disorder of Childhood: Historical Lessons for Contemporary Debates.” Sexuality Research and Social Policy 3 (1): 23–39.Google Scholar
Butler, Judith. 2006. Gender Trouble: Feminism and the Subversion of Identity. New York: Routledge.Google Scholar
Crenshaw, Kimberlé. 1989. “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics.” University of Chicago Legal Forum 140: 139–67.Google Scholar
Currah, Paisley. 2006. “Gender Pluralisms under the Transgender Umbrella.” In Transgender Rights, eds. Currah, Paisley, Juang, Richard M., and Minter., Shannon Price Minneapolis: University of Minnesota Press, 3–31.Google Scholar
Currah, Paisley, and Moore, Lisa Jean. 2009. “‘We Won't Know Who You Are’: Contesting Sex Designations in New York City Birth Certificates.” Hypatia 24 (3): 113–35.Google Scholar
Davidson, Megan. 2007. “Seeking Refuge under the Umbrella: Inclusion, Exclusion, and Organizing within the Category Transgender.” Sexuality Research and Social Policy 4 (4): 60–80.Google Scholar
Davis, Georgiann. 2015. Contesting Intersexuality: The Dubious Diagnosis. New York: New York University Press.Google Scholar
Davis, Heath Fogg. 2017. Beyond Trans: Does Gender Matter? New York: New York University Press.Google Scholar
Duggan, Lisa. 2002. “The New Homonormativity: The Sexual Politics of Neoliberalism.” In Materializing Democracy: Toward a Revitalized Cultural Politics, eds. Castronovo, Russ and Nelson, Dana D.. Durham, NC: Duke University Press, 175–94.Google Scholar
Engel, Stephen. 2016. Fragmented Citizens: The Changing Landscape of Gay and Lesbian Lives. New York: New York University Press.Google Scholar
Ennis, Dawn. 2016. “Human Rights Campaign Sets Sights on Johns Hopkins after Controversial Trans Report,” NBC News, September 1. http://www.nbcnews.com/feature/nbc-out/hrc-sets-sights-johns-hopkins-after-controversial-sexuality-gender-report-n641501/ (accessed June 11, 2018).Google Scholar
Epstein, Steve. 2007. Inclusion: The Politics of Difference in Medical Research. Chicago: University of Chicago Press.Google Scholar
Fetner, Tina. 2008. How the Religious Right Shaped Lesbian and Gay Activism. Minneapolis: University of Minnesota Press.Google Scholar
Fine, Cordelia. 2011. Delusions of Gender: How Our Minds, Society, and Neurosexism Create Difference. New York: W. W. Norton.Google Scholar
Foucault, Michel. 1990. The History of Sexuality. Vol. 1, The Will to Knowledge. Trans. Hurley, Robert. New York: Vintage Books.Google Scholar
Foucault, Michel. 2010. The Birth of Biopolitics: Lectures at the Collège de France, 1978–1979. Ed. Senellart, Michel. New York: Picador, 2010.Google Scholar
Garretson, Jeremiah, and Suhay, Elizabeth. 2016. “Scientific Communication about Biological Influences on Homosexuality and the Politics of Gay Rights.” Political Research Quarterly 69 (1): 17–29.Google Scholar
Grimm, Gavin. 2016. “I'm Transgender and Can't Use the Student Bathroom. The Supreme Court Could Change That.” Washington Post, October 27.Google Scholar
Hamer, Dean, Hu, Stella, Magnuson, Victoria L., Hu, Nan, Pattatucci, Angela M. L.. 1993. “A Linkage between DNA Markers on the X Chromosome and Male Sexual Orientation.” Science 261 (5119): 321–27.Google Scholar
Jasanoff, Sheila. 2006. States of Knowledge: The Co-Production of Science and the Social Order. London: Routledge.Google Scholar
Jordan-Young, Rebecca. 2011. Brain Storm: The Flaws in the Science of Sex Differences. Cambridge, MA: Harvard University Press.Google Scholar
Keen, Lisa Melinda, and Goldberg, Suzanne B.. 2000. Strangers to the Law: Gay People on Trial. Ann Arbor: University of Michigan Press.Google Scholar
King, Desmond S., and Smith, Rogers M.. 2005. “Racial Orders in American Political Development.” American Political Science Review 99 (1): 75–92.Google Scholar
Knauer, Nancy J. 2003. “Science, Identity, and the Construction of the Gay Political Narrative.” Law & Sexuality 12: 1–87.Google Scholar
Lancaster, Roger. 2003. The Trouble with Nature: Sex in Science and Pop Culture. Berkeley: University of California Press.Google Scholar
Lemke, Thomas. 2011. Bio-politics: An Advanced Introduction. New York: New York University Press.Google Scholar
LeVay, Simon. 1991. “A Difference in Hypothalamic Structure between Heterosexual and Homosexual Men.” Science 253 (5023): 1034–37.Google Scholar
Mayer, Lawrence S., and McHugh, Paul R.. 2016. “Sexuality and Gender Findings from the Biological, Psychological, and Social Sciences.” New Atlantis, no. 50: 1–143.Google Scholar
Military Freedom Project. 1993. “Project Masters.” Parents, Families And Friends Of Lesbians And Gays (PFLAG) Records, 1972–2009. Cornell University Library Human Sexuality Collection.Google Scholar
Minter, Shannon Price. 2017. “‘Déjà vu All Over Again’: The Recourse to Biology by Opponents of Transgender Equality.” North Carolina Law Review 95 (4): 1161–1204.Google Scholar
Murib, Zein. 2015. “Transgender: Examining an Emerging Political Identity Using Three Political Processes.” Politics, Groups and Identities 3 (3): 381–97.Google Scholar
Murib, Zein. 2017. “Rethinking GLBT as a Political Category in U.S. Politics.” In LGBTQ Politics: A Critical Reader, eds. Brettschneider, Marla, Burgess, Susan, and Keating, Christine. New York: New York University Press, 14–33.Google Scholar
National Geographic Channel. 2017. “Gender Revolution: How Science Is Helping Us Understand Gender.” http://channel.nationalgeographic.com/gender-revolution-a-journey-with-katie-couric/ (accessed June 11, 2018).Google Scholar
Office of the U.S. Attorney General. 2014. “Treatment of Transgender Employment Discrimination Claims Under Title VII of the Civil Rights Act of 1964.” https://www.justice.gov/file/188671/download (accessed June 11, 2018).Google Scholar
Olson, Kristina. 2017. “When Sex and Gender Collide.” Scientific American 317 (3): 44–49.Google Scholar
Petryna, Adriana. 2002. Life Exposed: Biological Citizens after Chernobyl. Princeton, NJ: Princeton University Press.Google Scholar
Pitts-Taylor, Victoria. 2016. The Brain's Body: Neuroscience and Corporeal Politics. Durham, NC: Duke University Press.Google Scholar
Richardson, Sarah. 2013. Sex Itself: The Search for Male and Female in the Human Genome. Chicago: University of Chicago Press.Google Scholar
Saraswat, Aruna, Weinand, Jamie D., and Safer, Joshua D.. 2015. “Evidence Supporting the Biological Basis of Gender Identity.” Endocrine Practice 21 (2): 199–204.Google Scholar
Sawyer, Diane. 2015. “Bruce Jenner: The Interview,” ABC News, April 24. http://abcnews.go.com/2020/fullpage/bruce-jenner-the-interview-30471558 (accessed June 11, 2018).Google Scholar
Schilt, Kristen, and Westbrook, Laurel. 2014. “Doing Gender, Determining Gender: Transgender People, Gender Panics, and the Maintenance of the Sex/Gender/Sexuality System.” Gender & Society 28 (1): 32–57.Google Scholar
Schilt, Kristen, and Westbrook, Laurel. 2015. “Bathroom Battlegrounds and Penis Panics.” Contexts, August 20. https://contexts.org/articles/bathroom-battlegrounds-and-penis-panics/ (accessed June 11, 2018).Google Scholar
Sedgwick, Eve. 1991. “How to Bring Your Kids Up Gay.” Social Text 29: 18–27.Google Scholar
Spade, Dean. 2015. Normal Life: Administrative Violence, Critical Trans Politics, and the Limits of Law. Rev. ed. Durham, NC: Duke University Press.Google Scholar
Stone, Sandy. 1987 “The Empire Strikes Back: A Posttranssexual Manifesto.” https://sandystone.com/empire-strikes-back.pdf (accessed June 11, 2018).Google Scholar
Stryker, Susan. 2017. Transgender History: The Roots of Today's Revolution. Rev. ed. New York: Seal Press.Google Scholar
Sycamore, Mattilda Bernstein. 2008. That's Revolting! Queer Strategies for Resisting Assimilation. Berkeley, CA: Soft Skull Press.Google Scholar
U.S. Department of Education, Office for Civil Rights. 2016. “Dear Colleague Letter on Transgender Students.” https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf (accessed June 26, 2018).Google Scholar
U.S. Department of Justice, Civil Rights Division. 2016. “Dear Colleague Letter on Transgender Students.” May 13. https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf (accessed June 11, 2018).Google Scholar
U.S. Department of Justice, Civil Rights Division. 2017. “Dear Colleague Letter.” February 22. https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201702-title-ix.pdf (accessed June 11, 2018).Google Scholar
Valentine, David. 2007. Imagining Transgender: An Ethnography of a Category. Durham, NC: Duke University Press.Google Scholar
Wilchins, Riki Anne. 1997. Read My Lips: Sexual Subversion and the End of Gender. Ithaca, NY: Firebrand Books.Google Scholar
Yuracko, Kimberly. 2016. Gender Nonconformity and the Law. New Haven, CT: Yale University Press.Google Scholar