Articles

Listed below are articles I've written over the past few years dealing with legal and political transgender issues. Some have been published, some are in the process of being published, and some will never be published except here. Click on the article you wish to review and it will download.


THESE ARTICLES WERE WRITTEN SEVERAL YEARS AGO, AND AS SUCH, THE INFORMATION CONTAINED IN THEM MAY BE OUTDATED. IT IS NOT MY INTENT TO UPDATE THEM AS THE LAW CHANGES, BUT TO PRESENT THEM HERE AS A GLIMPSE OF THE LAW ON THE SUBJECT AS IT EXISTED AT THE TIME. THEY ARE NOT SPECIFICALLY INTENDED AS RESOURCE MATERIALS FOR THE CURRENT STATE OF THE LAW.

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REEVALUATING HOLLOWAY: TITLE VII, EQUAL PROTECTION, AND THE EVOLUTION OF A TRANSGENDER JURISPRUDENCE, 70 Temp. L.Rev. 283 (June 1997). An analysis of Title VII and it applications for transgendered people. Drawing from Price Waterhouse v. Hopkins, the theory is put forth that transgender discrimination is a form of "sex-stereotyping," and is forbidden by Title VII; courts that refuse to grant Title VII causes of action to transgendered people deny them Equal Protection rights. The central argument advanced here in 1997 has since been adopted by several Federal District and Circuit Courts in rulings issued favorable to transgender discrimination litigants during the mid-to-late 2000s.

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THE HEART HAS REASONS THAT REASON DOES NOT KNOW: THE CONUNDRUM OF SAME-SEX TRANSGENDER MARRIAGE, (May 1998) An earlier draft of this article was the winner of the 1998 Smith and Leibel Family Law Award. Explores the use of transgender marriages as a means of legalizing same-sex marriages, and analyzes the effects such a legal tactic could have on the transgender community as a whole.

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TRANSGENDER WARRIORS, PERSONNAE NON GRATA: A REVIEW, (April 1998) A short unpublished article examining the treatment of transgendered people by the United States military. The material is relevant as of the late 1990s.