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::*Despite this, genderqueer and trans* people have historically been assumed to make up a minority, and have typically only been mentioned in the context of deceiving others (for example, female-bodied people who 'pretended to be men' in order to join the military in various wars).
::*Despite this, genderqueer and trans* people have historically been assumed to make up a minority, and have typically only been mentioned in the context of deceiving others (for example, female-bodied people who 'pretended to be men' in order to join the military in various wars).
::*This historical invisibility is a major factor in perpetuating [http://en.wikipedia.org/wiki/Cisgender_privilege cisgender privilege]. As a result of this privilege, genderqueer bodies are rarely taken into account in studies of security.
::*This historical invisibility is a major factor in perpetuating [http://en.wikipedia.org/wiki/Cisgender_privilege cisgender privilege]. As a result of this privilege, genderqueer bodies are rarely taken into account in studies of security.
::*The use of full-body scanners at airports, along with passports that assume binary gender, leads to a "hypervisibility" of genderqueer and trans* bodies in which they are scrutinised in a negative manner. Security systems based on binary gender further feed into the societal perception of trans* people as 'dishonest', or 'pretending' to be of a different sex, as well as leading to increased with of transphobic harassment and suspicion.
::*The use of full-body scanners at airports, along with passports that assume binary gender, leads to a "hypervisibility" of genderqueer and trans* bodies in which they are scrutinised in a negative manner. Security systems based on binary gender further feed into the societal perception of trans* people as 'dishonest', or 'pretending' to be of different sex, as well as leading to increased with of transphobic harassment and suspicion.
::*The authors emphasise the importance of discussing these issues as part of a wider deconstruction of cisgender privilege:
::*The authors emphasise the importance of discussing these issues as part of a wider deconstruction of cisgender privilege:
::<blockquote>"If it is analytically and conceptually productive to see transphobic violence as the violent reproduction of a stable sex/gender system that ‘naturally’ privileges cisgender performances because such performances are associated with normality and safety and trans- performances are associated with danger and discomfort, it then becomes possible to ask questions about the ways that trans-in(/hyper)visibility, cisprivilege and a regulative, exclusionary ontopolitical social order are violently reproduced in inter/transnational relations."</blockquote>
::<blockquote>"If it is analytically and conceptually productive to see transphobic violence as the violent reproduction of a stable sex/gender system that ‘naturally’ privileges cisgender performances because such performances are associated with normality and safety and trans- performances are associated with danger and discomfort, it then becomes possible to ask questions about the ways that trans-in(/hyper)visibility, cisprivilege and a regulative, exclusionary onto political social order are violently reproduced in inter/transnational relations."</blockquote>


::'''Published In:''' ''[http://www.feminist-review.com/ Feminist Review]''
::'''Published In:''' ''[http://www.feminist-review.com/ Feminist Review]''
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*''[http://onlinelibrary.wiley.com/doi/10.1111/j.1527-2001.2009.01045.x/abstract;jsessionid=2DF9E5BDC51183501A59627A8135314D.f03t03 Resisting Definition: Gendering through Interaction and Relational Selfhood]'' - [http://alexisshotwell.com/ Shotwell, A.] &amp; [http://wgss.artsci.wustl.edu/people/trevor-sangrey Sangrey, T.], 2009.
*''[http://onlinelibrary.wiley.com/doi/10.1111/j.1527-2001.2009.01045.x/abstract;jsessionid=2DF9E5BDC51183501A59627A8135314D.f03t03 Resisting Definition: Gendering through Interaction and Relational Selfhood]'' - [http://alexisshotwell.com/ Shotwell, A.] &amp; [http://wgss.artsci.wustl.edu/people/trevor-sangrey Sangrey, T.], 2009.
::;Summary:
::;Summary:
<blockquote>Discussion of the ways in which awareness of genderqueer and trans* people causes others to question their own [http://nonbinary.org/wiki/Gender_identity gender identities]. Also highlights various archetypes and misconceptions that tend to be used in discourse about trans* and genderqueer issues, and discusses points for and against the use of the word 'cisgender' to describe non-trans* people.</blockquote>
<blockquote>Discussion of the ways in which awareness of genderqueer and trans* people cause others to question their own [http://nonbinary.org/wiki/Gender_identity gender identities]. Also highlights various archetypes and misconceptions that tend to be used in discourse about trans* and genderqueer issues, and discusses points for and against the use of the word 'cisgender' to describe non-trans* people.</blockquote>
::;Key Points:
::;Key Points:
::*Awareness of trans* and genderqueer people affects the development of other people's gender identities.
::*Awareness of trans* and genderqueer people affects the development of other people's gender identities.
::*Feminist discussions, as well as those in other academic and activist spaces, tend to focus on trans* and genderqueer people as either a generalised 'gender menace' or the opposite - a 'gender salvation'.
::*Feminist discussions, as well as those in other academic and activist spaces, tend to focus on trans* and genderqueer people as either a generalised 'gender menace' or the opposite - a 'gender salvation'.
::*Discussion of trans* people often uses a narrow understanding of gender that prioritises dominant social identities, and objectifies trans* individuals as abstract representations of how to think about gender relations:
::*Discussion of trans* people often use a narrow understanding of gender that prioritises dominant social identities, and objectifies trans* individuals as abstract representations of how to think about gender relations:
:::*Trans* identities are frequently medicalised, and lived experiences are overlooked.
:::*Trans* identities are frequently medicalised, and lived experiences are overlooked.
:::*Anti-trans* narratives often include implications of delusion (e.g. the "fifty-year-old man in a dress"; the "teen who thinks she's trans*").
:::*Anti-trans* narratives often include implications of delusion (e.g. the "fifty-year-old man in a dress"; the "teen who thinks she's trans*").
::::*Genderqueers and trans* men tend to be portrayed as a form of 'masculinist' "social climbing";  a symptom of 'patriarchy-induced false consciousness'.
::::*Genderqueers and trans* men tend to be portrayed as a form of 'masculinist' "social climbing";  a symptom of 'patriarchy-induced false consciousness'.
::::*Trans* women are often framed as men attempting to infiltrate women's spaces.
::::*Trans* women are often framed as men attempting to infiltrate women's spaces.
::::*There is a tendency to treat trans* people as a 'threat', which centres discussion on how to police gender boundaries, rather than on how to oppose gendered violence. Gendered oppression is made the only thing that matters, making white cis women more comfortable, whilst pushing out women who are 'othered'.
::::*There is a tendency to treat trans* people as a 'threat', which centres the discussion on how to police gender boundaries, rather than on how to oppose gendered violence. Gendered oppression is made the only thing that matters, making white cis women more comfortable, whilst pushing out women who are 'othered'.
::*[http://eliclare.com/what-eli-offers/lectures/shame-pride Eli Clare (2007)] argues that "transness" is not an individual, curable medical problem, but a broader societal issue stemming from society's refusal to accept a diverse range of body types and expressions of gender.
::*[http://eliclare.com/what-eli-offers/lectures/shame-pride Eli Clare (2007)] argues that "transness" is not an individual, curable medical problem, but a broader societal issue stemming from society's refusal to accept a diverse range of body types and expressions of gender.
::*Certain feminists (e.g. [http://uppitybiscuit.wordpress.com/2007/01/19/do-not-call-me-cisgender-you-do-not-have-my-permission-to-name-me/ Uppity Biscuit, 2007)] have expressed anger about the use of the word 'cisgender' to 'oppress' non-trans women - the authors cite this as an example of policing of gender boundaries, as well as an example of how gender transgression motivates non-trans* people to examine their own gender identities.
::*Certain feminists (e.g. [http://uppitybiscuit.wordpress.com/2007/01/19/do-not-call-me-cisgender-you-do-not-have-my-permission-to-name-me/ Uppity Biscuit, 2007)] have expressed anger about the use of the word 'cisgender' to 'oppress' non-trans women - the authors cite this as an example of policing of gender boundaries, as well as an example of how gender transgression motivates non-trans* people to examine their own gender identities.
:::*Uppity Biscuit (2007) argues that since 'cisgender' is not a name women have taken on for themselves, trans* people are forcibly renaming women in a way that she claims is homologous to the way in which women are oppressed by the patriarchy.
:::*Uppity Biscuit (2007) argues that since 'cisgender' is not a name women have taken on for themselves, trans* people are forcibly renaming women in a way that she claims is homologous to the way in which women are oppressed by the patriarchy.
:::*Proponents of the term argue that 'cisgender' as a concept is a useful tool to point out that gender is experienced differently by non-trans* women than by trans* women.
:::*Proponents of the term argue that 'cisgender' as a concept is a useful tool to point out that gender is experienced differently by non-trans* women than by trans* women.
:::*The idea is discussed that the existence of trans* people "creates non-trans people as something new". Non-trans* women have been placed in relationship to trans* women, causing them to question what it means to identify, and be identified, as a woman.
:::*The idea is discussed that the existence of trans* people "creates non-trans people as something new". Non-trans* women have been placed in relationship to trans* women, causing them to question what it means to identify and be identified, as a woman.
::*The authors propose that feminists could instead take a relational view of gender, in terms of how trans* people can affect and change the meaning of gender for non-trans* people.
::*The authors propose that feminists could instead take a relational view of gender, in terms of how trans* people can affect and change the meaning of gender for non-trans* people.
:::*Gender is formed partially through interactions with others.
:::*Gender is formed partially through interactions with others.
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::;Summary:
::;Summary:
<blockquote>An online survey was carried out to assess gender identity, gender dysphoria, and gender performace in both 'normative' men and women and "queers" (people who self-described as either transgender or "other") in Israel. The questionnaire used - the Multi-Gender Identity Questionnaire, or Multi-GIQ - was newly constructed (although it was based on existing measures), and was designed to measure different degrees of multiple genders ('man', 'woman', 'both' and 'neither') existing within the same individual. The findings were compared to a student sample, also in Israel, in order to discern whether findings might generalise to the rest of the country's population. Sexual orientation was also assessed in both samples.</blockquote>
<blockquote>An online survey was carried out to assess gender identity, gender dysphoria, and gender performance in both 'normative' men and women and "queers" (people who self-described as either transgender or "other") in Israel. The questionnaire used - the Multi-Gender Identity Questionnaire, or Multi-GIQ - was newly constructed (although it was based on existing measures), and was designed to measure different degrees of multiple genders ('man', 'woman', 'both' and 'neither') existing within the same individual. The findings were compared to a student sample, also in Israel, in order to discern whether findings might generalise to the rest of the country's population. Sexual orientation was also assessed in both samples.</blockquote>


::;Key Findings:
::;Key Findings:
::*"Feeling as a man" and "Feeling as a woman" were neagatively correlated. Self-described men felt more like men than women did, and vice versa; "queers" scored in-between.
::*"Feeling as a man" and "Feeling as a woman" were negatively correlated. Self-described men felt more like men than women did, and vice versa; "queers" scored in-between.
::*Some men felt more like a woman than some women, and vice versa.
::*Some men felt more like a woman than some women, and vice versa.
::*33% of men, 33% of women, and 76% of "queers" felt both like a man and a woman to some degree. Many "queers" felt an equal degree of identification with 'man' and 'woman', whereas most women felt more like a woman than a man (and vice versa).
::*33% of men, 33% of women, and 76% of "queers" felt both like a man and a woman to some degree. Many "queers" felt an equal degree of identification with 'man' and 'woman', whereas most women felt more like a woman than a man (and vice versa).
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::*Homosexual and bisexual women felt less like their affirmed gender than heterosexual women. This difference was not found in men.
::*Homosexual and bisexual women felt less like their affirmed gender than heterosexual women. This difference was not found in men.
::*The more a participant "felt as" one gender, the more they felt affirmed in that gender or wished to be that gender, and the less they felt content as or wished to be the 'other' gender.
::*The more a participant "felt as" one gender, the more they felt affirmed in that gender or wished to be that gender, and the less they felt content as or wished to be the 'other' gender.
::*"Feeling as two genders" and "Feeling as no gender" were positively correlated with the wish to be the 'other' gender, and negatively correlated with being content with the affirmed gender.
::*"Feeling as two genders" and "Feeling as no gender" was positively correlated with the wish to be the 'other' gender, and negatively correlated with being content with the affirmed gender.
::*"Queers" disliked their bodies (Assessed using statements such as: "I disliked my male body"/"I dislike my female body") more than men and women did. No relationship was found between sexual orientation and discomfort with one's body.
::*"Queers" disliked their bodies (Assessed using statements such as: "I disliked my male body"/"I dislike my female body") more than men and women did. No relationship was found between sexual orientation and discomfort with one's body.
::*"Queers" saw gender as performative more than men and women did; women saw gender as performative more than men did. Homosexual and bisexual people saw gender as performative more than heterosexual people did.
::*"Queers" saw gender as performative more than men and women did; women saw gender as performative more than men did. Homosexual and bisexual people saw gender as performative more than heterosexual people did.
::*Men were more compliant with gender expectations relating to language and dress than women; both were more compliant than "queers". Heterosexual people were also more compliant than homosexual and bisexual people. For dress, this difference was larger for women, and for language the difference was larger for men.
::*Men were more compliant with gender expectations relating to language and dress than women; both were more compliant than "queers". Heterosexual people were also more compliant than homosexual and bisexual people. For dress, this difference was larger for women, and for language, the difference was larger for men.
::*"Normative" participants also scored more highly than expected on items relating to gender dysphoria: 36.6% of "non-queers" said they sometimes feel as the 'other' gender (with 24% giving scores above 1), 63.7% sometimes wished to be the 'other' gender (and 34% above 1), 49% did not always wear clothes 'appropriate' to their sex (26% below 3) and 41.9% were sometimes discontent with their sexed body (52% above 1).
::*"Normative" participants also scored more highly than expected on items relating to gender dysphoria: 36.6% of "non-queers" said they sometimes feel like the 'other' gender (with 24% giving scores above 1), 63.7% sometimes wished to be the 'other' gender (and 34% above 1), 49% did not always wear clothes 'appropriate' to their sex (26% below 3) and 41.9% were sometimes discontent with their sexed body (52% above 1).
::*Analysis of the student sample found similar results to the online sample (but there are some caveats - see 'Limitations').
::*Analysis of the student sample found similar results to the online sample (but there are some caveats - see 'Limitations').


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::*Since a large proportion of "normative" participants experienced gender in a more complex way than the binary model would suggest, the authors "call for a new conceptualisation of gender identity, which emphasises and celebrates multiplicity and fluidity in the experience of gender identity."
::*Since a large proportion of "normative" participants experienced gender in a more complex way than the binary model would suggest, the authors "call for a new conceptualisation of gender identity, which emphasises and celebrates multiplicity and fluidity in the experience of gender identity."
::*Since even "normative" individuals scored highly on items that had previously been used to measure gender dysphoria, the authors concluded that  only discontent with one's sexed body, "which is by its very definition dysphoric", should be considered a sign of gender dysphoria - the rest are part of a normal and complex gender experience.
::*Since even "normative" individuals scored highly on items that had previously been used to measure gender dysphoria, the authors concluded that  only discontent with one's sexed body, "which is by its very definition dysphoric", should be considered a sign of gender dysphoria - the rest are part of a normal and complex gender experience.
::*Correlations between sexual orientation and gender identity, where they were found, were small, and do not support the idea that "the heterosexual– homosexual binary constitutes, stabilises and naturalises the male–female binary".
::*Correlations between sexual orientation and gender identity, where they were found, were small, and do not support the idea that "the heterosexual-homosexual binary constitutes, stabilises and naturalises the male-female binary".




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::;Limitations:
::;Limitations:
::*Causal relationships cannot be assumed, since cross-sectional data were used.
::*Causal relationships cannot be assumed since cross-sectional data were used.
::*No comparison group was used.
::*No comparison group was used.
::*The sample size was relatively small (133 participants).
::*The sample size was relatively small (133 participants).
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::;Implications for Future Research:
::;Implications for Future Research:
::*Future models should taken both risk factors and protective factors into account.
::*Future models should take both risk factors and protective factors into account.
::*[http://en.wikipedia.org/wiki/Longitudinal_study Longitudinal designs] should be considered, although these may be unethical in practice.
::*[http://en.wikipedia.org/wiki/Longitudinal_study Longitudinal designs] should be considered, although these may be unethical in practice.
::*Within-group differences need to be assessed; protective factors may differ between binary and nonbinary trans* people, between FAAB and MAAB individuals, and/or between trans* people of different racial backgrounds.
::*Within-group differences need to be assessed; protective factors may differ between binary and nonbinary trans* people, between FAAB and MAAB individuals, and/or between trans* people of different racial backgrounds.
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::;Limitations:
::;Limitations:
::*There is currently no evidence for or against the theories proposed here; this paper appears to be the first formal scientific investigation of bigender identity, and as a result the discussion section is highly speculative.
::*There is currently no evidence for or against the theories proposed here; this paper appears to be the first formal scientific investigation of bigender identity, and as a result, the discussion section is highly speculative.


::;Implications for Future Research:
::;Implications for Future Research:
::*The authors propose several speculative theories of a neurological basis for bigender identity (or 'alternating gender incongruity', as they refer to it):
::*The authors propose several speculative theories of a neurological basis for bigender identity (or 'alternating gender incongruity', as they refer to it):
:::*Bigender people may have unusually amplified functional [http://en.wikipedia.org/wiki/Lateralization_of_brain_function hemispheric dominance] patterns; cycling of dominance between hemispheres may lead to alternate expression of cognitions and emotions that are traditionally considered to be 'male' or 'female'.
:::*Bigender people may have unusually amplified functional [http://en.wikipedia.org/wiki/Lateralization_of_brain_function hemispheric dominance] patterns; cycling of dominance between hemispheres may lead to the alternate expression of cognitions and emotions that are traditionally considered to be 'male' or 'female'.
:::*Alternatively, these alternating patterns of hemispheric dominance may lead to different patterns of [http://en.wikipedia.org/wiki/Sympathetic_nervous_system sympathetic] and [http://en.wikipedia.org/wiki/Parasympathetic_nervous_system parasympathetic nervous system] control, which in turn could result in different patterns of emotional reactivity.
:::*Alternatively, these alternating patterns of hemispheric dominance may lead to different patterns of [http://en.wikipedia.org/wiki/Sympathetic_nervous_system sympathetic] and [http://en.wikipedia.org/wiki/Parasympathetic_nervous_system parasympathetic nervous system] control, which in turn could result in different patterns of emotional reactivity.
:::*Bigender people may have atypical [http://en.wikipedia.org/wiki/Somatosensory_cortex somatosensory body maps], resulting in two or more differently gendered body maps that vie for sensory input.
:::*Bigender people may have atypical [http://en.wikipedia.org/wiki/Somatosensory_cortex somatosensory body maps], resulting in two or more differently gendered body maps that vie for sensory input.
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::;Summary:
::;Summary:
<blockquote>A very brief review of evidence for a neurological basis for [[gender dysphoria]], and some informed but speculative discussion of how this neurological basis might emerge during [http://en.wikipedia.org/wiki/Fetal_development fetal development]. The specific findings discussed involve binary trans* participants, but they are potentially relevant to anyone who experiences gender dysphoria.</blockquote>
<blockquote>A very brief review of the evidence for a neurological basis for [[gender dysphoria]], and some informed but speculative discussion of how this neurological basis might emerge during [http://en.wikipedia.org/wiki/Fetal_development fetal development]. The specific findings discussed involve binary trans* participants, but they are potentially relevant to anyone who experiences gender dysphoria.</blockquote>


::;Key Points:
::;Key Points:
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::*Only two studies were cited in support of points relating to the BSTc.
::*Only two studies were cited in support of points relating to the BSTc.
::*The samples used in these studies were very small, and there was considerable overlap in the participants used in the two studies.
::*The samples used in these studies were very small, and there was considerable overlap in the participants used in the two studies.
::*Both studies examined postmortem brains, and the majority of trans* participants had been on hormone replacement therapy during their lifetimes. Findings relating to the BSTc may therefore have been due to hormone use rather than an innate marker of gender dysphoria.
::*Both studies examined postmortem brains, and the majority of trans* participants had been on hormone replacement therapy during their lifetimes. Findings relating to the BSTc may, therefore, have been due to hormone use rather than an innate marker of gender dysphoria.
:::*The authors did attempt to control for this by including a control group of cisgender males with hormonal disorders; however, this control sample was also very small, consisting of only two brains.
:::*The authors did attempt to control for this by including a control group of cisgender males with hormonal disorders; however, this control sample was also very small, consisting of only two brains.
::*Only a single transsexual man was studied, so firm conclusions about the brains of transsexual men can not be drawn from the study described.
::*Only a single transsexual man was studied, so firm conclusions about the brains of transsexual men cannot be drawn from the study described.
::*The discussion of fetal development is purely speculative; no research is cited to support the idea that a neural correlate of gender identity develops in the womb.
::*The discussion of fetal development is purely speculative; no research is cited to support the idea that a neural correlate of gender identity develops in the womb.


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:::*A definition of 'genderqueer' as a distinct identity: <blockquote>““Genderqueer” refers to those who do not (or do not always) identify as either a woman or a man. Some who consider themselves genderqueer may identify as a man one day and a woman the next. Others identify as neither man nor woman, seeing themselves as between or beyond genders. Some reject gendered pronouns, preferring to be referred to as “they,” or “ze” (a recently created, gender-neutral pronoun) or simply by their name.”</blockquote>
:::*A definition of 'genderqueer' as a distinct identity: <blockquote>““Genderqueer” refers to those who do not (or do not always) identify as either a woman or a man. Some who consider themselves genderqueer may identify as a man one day and a woman the next. Others identify as neither man nor woman, seeing themselves as between or beyond genders. Some reject gendered pronouns, preferring to be referred to as “they,” or “ze” (a recently created, gender-neutral pronoun) or simply by their name.”</blockquote>
::*Legal protection for genderqueer people would likely make it easier for binary trans* people to seek legal protection, as a system that is already accustomed to removing a gender marker should also have little changing one from 'M' to 'F' or vice versa.
::*Legal protection for genderqueer people would likely make it easier for binary trans* people to seek legal protection, as a system that is already accustomed to removing a gender marker should also have little changing one from 'M' to 'F' or vice versa.
::*Accepting genderqueer people under the law would also be an admittance that gender is fluid and constructed, which may lead to reduced medicalisation of trans* identities and wider acceptance of less rigid attitudes toward gender.
::*Accepting genderqueer people under the law would also be an admittance that gender is fluid and constructed, which may lead to the reduced medicalisation of trans* identities and wider acceptance of less rigid attitudes toward gender.
::*Genderqueer people may face bias in the courts due to their (statistically) younger age, which may contribute to a perception of them being 'confused', 'going through a phase', or threatening the status quo with radical views.
::*Genderqueer people may face bias in the courts due to their (statistically) younger age, which may contribute to a perception of them being 'confused', 'going through a phase', or threatening the status quo with radical views.
::*90% of genderqueer people surveyed report experience of verbal harassment in the workplace, barriers to advancement, and pervasive fear of these outcomes.
::*90% of genderqueer people surveyed report an experience of verbal harassment in the workplace, barriers to advancement, and pervasive fear of these outcomes.
::*US federal law likely already protects genderqueer people, due to language that focuses on 'gender identity' and 'gender expression', rather than transition.
::*US federal law likely already protects genderqueer people, due to language that focuses on 'gender identity' and 'gender expression', rather than transition.
:::*For example, the latest proposed version (at the time of the paper's publication) of the federal [http://en.wikipedia.org/wiki/Employment_Non-Discrimination_Act Employment Non-Discrimination Act (ENDA)] defines gender identity as  “the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth.”
:::*For example, the latest proposed version (at the time of the paper's publication) of the federal [http://en.wikipedia.org/wiki/Employment_Non-Discrimination_Act Employment Non-Discrimination Act (ENDA)] defines gender identity as  “the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth.”
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::*Arguments for genderqueer inclusion from the standpoint of equal protection:
::*Arguments for genderqueer inclusion from the standpoint of equal protection:
:::*Gender classifications are reviewed under the [http://en.wikipedia.org/wiki/Equal_Protection_Clause Equal Protection Clause] using the [http://en.wikipedia.org/wiki/Intermediate_scrutiny 'intermediate scrutiny'] standard - any act of discrimination based on gender by the state must be justified with benefits to an important state interest.
:::*Gender classifications are reviewed under the [http://en.wikipedia.org/wiki/Equal_Protection_Clause Equal Protection Clause] using the [http://en.wikipedia.org/wiki/Intermediate_scrutiny 'intermediate scrutiny'] standard - any act of discrimination based on gender by the state must be justified with benefits to an important state interest.
:::*There is precedent to show that laws based on gender stereotypes should not be upheld - see the case of [http://en.wikipedia.org/wiki/Craig_v._Boren Craig v. Boren], in which a law would have allowed women to legally buy beer at a younger age than men, as men were caught drunk driving more often. The law was not upheld, as it was felt that differential treatment of the genders played a role in women having fewer opportunities to drive when drunk.
:::*There is precedent to show that laws based on gender stereotypes should not be upheld - see the case of [http://en.wikipedia.org/wiki/Craig_v._Boren Craig v. Boren], in which law would have allowed women to legally buy beer at a younger age than men, as men were caught drunk driving more often. The law was not upheld, as it was felt that differential treatment of the genders played a role in women having fewer opportunities to drive when drunk.
:::*There is also precedent that perceived 'inherent differences' between genders are not enough to justify discriminatory law - see the case of [http://en.wikipedia.org/wiki/United_States_v._Virginia United States v. Virginia], in which the Virginia Military Institute banned female students, as they were not considered physically or mentally tough enough to withstand training. The law was not upheld.
:::*There is also precedent that perceived 'inherent differences' between genders are not enough to justify discriminatory law - see the case of [http://en.wikipedia.org/wiki/United_States_v._Virginia United States v. Virginia], in which the Virginia Military Institute banned female students, as they were not considered physically or mentally tough enough to withstand training. The law was not upheld.
:::*It could be argued that the idea that there are only 'men' and 'women', and that gender does not differ from sex assigned at birth, is in itself a stereotype and a presumed inherent difference between sexes. Therefore, this idea alone should not be enough to justify a binary sex classification system.
:::*It could be argued that the idea that there are only 'men' and 'women', and that gender does not differ from sex assigned at birth, is in itself a stereotype and a presumed inherent difference between sexes. Therefore, this idea alone should not be enough to justify a binary sex classification system.
:::*Binary sex classification is also arguably irrelevant to important state interests, as sex classification does not affect a person's privileges for travel in the US and often does not relate to their gender expression for the purposes of identification.
:::*Binary sex classification is also arguably irrelevant to important state interests, as sex classification does not affect a person's privileges for travel in the US and often does not relate to their gender expression for the purposes of identification.
::*Arguments from [http://en.wikipedia.org/wiki/Due_process due process]:
::*Arguments from [http://en.wikipedia.org/wiki/Due_process due process]:
:::*The [http://en.wikipedia.org/wiki/Due_Process_Clause Due Process Clause] protects “personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education.” There is precedent for this clause being used to affirm the right to an abortion and undermine ant-gay sodomy laws.
:::*The [http://en.wikipedia.org/wiki/Due_Process_Clause Due Process Clause] protects “personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education.” There is a precedent for this clause being used to affirm the right to an abortion and undermine ant-gay sodomy laws.
:::*Since US family life is still much defined by traditional gender roles, and the right to marry is based on the genders of the partners who wish to marry, gender is clearly linked to these personal decisions. The clause has also been described by the [http://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States Supreme Court] as protecting 'the right to define one's own concept of existence', and gender could arguably be included in that concept.
:::*Since US family life is still much defined by traditional gender roles, and the right to marry is based on the genders of the partners who wish to marry, gender is clearly linked to these personal decisions. The clause has also been described by the [http://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States Supreme Court] as protecting 'the right to define one's own concept of existence', and gender could arguably be included in that concept.
:::*Genderqueer people could therefore make the case that they should be free to define their own gender without intervention by the state in the form of binary classification.
:::*Genderqueer people could, therefore, make the case that they should be free to define their own gender without intervention by the state in the form of binary classification.
::*[http://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution First Amendement] arguments:
::*[http://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution First Amendement] arguments:
:::*The First Amendment prohibits 'state-compelled speech', particularly that which conveys an 'ideological message'. There is precedent for this being used to justify refusal to display passive, state-issued messages (e.g. citizens removing the New Hampshire state motto, "Live Free or Die", from their license plate, because they disagreed with said motto).
:::*The First Amendment prohibits 'state-compelled speech', particularly that which conveys an 'ideological message'. There is a precedent for this being used to justify refusal to display passive, state-issued messages (e.g. citizens removing the New Hampshire state motto, "Live Free or Die", from their license plate, because they disagreed with said motto).
:::*To some extent, presenting and/or identifying as genderqueer is an ideological decision, and genderqueer people should not be forced to affirm the idea that gender is binary and tied to sex every time they present documentation.
:::*To some extent, presenting and/or identifying as genderqueer is an ideological decision, and genderqueer people should not be forced to affirm the idea that gender is binary and tied to sex every time they present documentation.
::'''Published in:''' [http://williamsinstitute.law.ucla.edu/dukeminier-awards-journal/ The Dukeminier Awards Journal]
::'''Published in:''' [http://williamsinstitute.law.ucla.edu/dukeminier-awards-journal/ The Dukeminier Awards Journal]
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::;'''Key Findings''':
::;'''Key Findings''':
::* A variety of gender identity labels were submitted by GNL respondents, including:
::* A variety of gender identity labels were submitted by GNL respondents, including:
:::*'Genderqueer' or 'queer' (42% of GNLs; 6% of total sample)
:::*'Genderqueer' or 'queer' (42% of GNLs; 6% of the total sample)
:::*'Both', 'either', 'neither', 'in-beween', or 'non-binary' (9% of GNLs)
:::*'Both', 'either', 'neither', 'in-between', or 'non-binary' (9% of GNLs)
:::*'Androgynous' or 'blended' (8% of GNLs)
:::*'Androgynous' or 'blended' (8% of GNLs)
:::*'Non-gendered', 'gender is a performance', or 'gender does not exist' (3% of GNLs)
:::*'Non-gendered', 'gender is a performance', or 'gender does not exist' (3% of GNLs)
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::;'''Limitations''':
::;'''Limitations''':
::*In addition to the 'GNL' option and binary male and female answers, the gender question examined here also provided an option for "Part time as one gender, part time as another", which was chosen by 20% of respondents. This wording could conceivably cover genderfluid and bigender identities, meaning that there have been more non-binary respondents to the survey than were examined by this study.
::*In addition to the 'GNL' option and binary male and female answers, the gender question examined here also provided an option for "Part time as one gender, part time as another", which was chosen by 20% of respondents. This wording could conceivably cover genderfluid and bigender identities, meaning that there have been more non-binary respondents to the survey than were examined by this study.
::*The statistical test used - Pearson's chi-squared - only produces generalisable results when applied to a random population, which this was not. In addition, the non-random nature of the study may have compromised the test's ability to find statistical significance. '''The findings of this study should therefore not be taken as read, but instead be used to provide hypotheses for more in-depth research.'''
::*The statistical test used - Pearson's chi-squared - only produces generalisable results when applied to a random population, which this was not. In addition, the non-random nature of the study may have compromised the test's ability to find statistical significance. '''The findings of this study should therefore not be taken as read, but instead, be used to provide hypotheses for more in-depth research.'''
::;'''Published in''': [http://www.hkslgbtq.com/ The LGBTQ Policy Journal at the Harvard Kennedy School]
::;'''Published in''': [http://www.hkslgbtq.com/ The LGBTQ Policy Journal at the Harvard Kennedy School]
::;'''Access''': Open Access
::;'''Access''': Open Access
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