Transgender Persons and the Law, 2nd Edition provides a comprehensive update and overview of the laws and landmark court cases involving transgender individuals in a variety of legal situations. This edition also discusses the myriad of legal documents transgender persons need to understand before completing paperwork in order to change their name, birth certificate, and gender identification.
Author: Jens M. Scherpe
Publisher: Intersentia Uitgevers N V
Release Date: 2015-06-15
The need to allow for a legal change of sex/gender, in certain cases, is no longer disputed in most jurisdictions. For European countries, there is no question as to whether such a change should be allowed after the decision of the European Court of Human Rights in Goodwin v. United Kingdom (Application No. 28957/95). The question has therefore shifted to what the requirements should be for such a legal change. Many jurisdictions have legislated or developed an administrative approach to changing sex/gender, but the requirements differ significantly from jurisdiction to jurisdiction, particularly with regard to age, nationality, and marital status, as well as the medical and psychological requirements. The latter, in some jurisdictions, still include surgery and sterility as a precondition, thus potentially forcing the persons concerned to choose between the recognition of their sex/gender identity and their physical integrity. This book examines questions that are thus far under-researched, namely what the full legal consequences of a legal change of sex/gender should be - for example, with regard to the existing legal relationships, such as marriages and registered partnerships, but also concerning children and parentage. The Legal Status of Transsexual and Transgender Persons is the result of an international research project, including not only national reports from 14 European and non-European jurisdictions, but also two chapters that look at legal sex/gender changes from a Christian perspective, and one chapter from a medical-psychological perspective. The final chapter compares and contrasts the different approaches and requirements and makes recommendations for best practice and law reform.
Author: Paisley Currah
Publisher: U of Minnesota Press
Release Date: 2006
Genre: Social Science
"Transgender Rights packs a surprising amount of information into a small space. Offering spare, tightly executed essays, this slim volume nonetheless succeeds in creating a spectacular, well-researched compendium of the transgender movement." -Law Library Journal Over the past three decades, the transgender movement has gained visibility and achieved significant victories. Discrimination has been prohibited in several states, dozens of municipalities, and more than two hundred private companies, while hate crime laws in eight states have been amended to include gender identity. Yet prejudice and violence against transgender people remain all too common. With analysis from legal and policy experts, activists and advocates, Transgender Rights assesses the movement's achievements, challenges, and opportunities for future action. Examining crucial topics like family law, employment policies, public health, economics, and grassroots organizing, this groundbreaking book is an indispensable resource in the fight for the freedom and equality of those who cross gender boundaries. Moving beyond media representations to grapple with the real lives and issues of transgender people, Transgender Rights will launch a new moment for human rights activism in America. Contributors: Kylar W. Broadus, Judith Butler, Mauro Cabral, Dallas Denny, Taylor Flynn, Phyllis Randolph Frye, Julie A. Greenberg, Morgan Holmes, Bennett H. Klein, Jennifer L. Levi, Ruthann Robson, Nohemy Solórzano-Thompson, Dean Spade, Kendall Thomas, Paula Viturro, Willy Wilkinson. Paisley Currah is associate professor of political science at Brooklyn College, executive director of the Center for Lesbian and Gay Studies at the CUNY Graduate Center, and a founding board member of the Transgender Law and Policy Institute. Richard M. Juang cochairs the advisory board of the National Center for Transgender Equality (NCTE) in Washington, DC. He has taught at Oberlin College and Susquehanna University. He is the lead editor of NCTE's Responding to Hate Crimes: A Community Resource Manual and coeditor of Transgender Justice, which explores models of activism. Shannon Price Minter is legal director of the National Center for Lesbian Rights and a founding board member of the Transgender Law and Policy Institute.
Author: William Kannberg, MSCP
Publisher: William Kannberg
Release Date: 2013-11-28
This research employed a meta-analysis and sociological polling to investigate the relationship between religiosity and legal bias with the prevalence rates for HIV infections in American cities. Findings from the analysis indicated that HIV infection rates are highest in geographic areas with elevated levels of religiosity, legal inequality and bias against gay people. The geographic area of the South has the highest levels of religiosity, legal inequality, and bias against gay people, as well as the highest HIV prevalence rates, 73% higher than in any other region of the United States. Conversely, HIV infection rates were lowest in areas with legal equality for gay people and low or no religiosity. The findings of this research point to a causative model of psychopathology manifestation, where religiosity, negative social messages, legal inequality and support system bias create psychological trauma and trigger a ‘failure to thrive’ mechanism in out-group members that drives high-risk behaviors and elevates HIV infections rates.
Author: Philipp Beuermann
Publisher: Intersentia Uitgevers N V
Release Date: 2013
Die Grundlagen des nachehelichen Unterhalts stellen sowohl dogmatisch als auch rechtspolitisch ein Kernproblem des Familienrechts dar und haben zugleich erhebliche Bedeutung fur die Auslegung und praktische Anwendung des Unterhaltsrechts. Angesichts der Bedeutung dieser Fragen uberrascht es nicht, dass sie in Deutschland immer wieder neu gestellt und diskutiert worden sind. Weitaus weniger Aufmerksamkeit gefunden hat in Deutschland bisher die europaische Diskussion, insbesondere die Vorschlage der Commission on European Family Law (CEFL) fur die Ausgestaltung des nachehelichen Unterhalts. Diese Lucke schliesst die vorliegende Arbeit.
Author: Edited by Jennifer L. Levi & Elizabeth E. Monnin-Browder
Publisher: Author House
Release Date: 2012-04-19
Transgender people have unique needs and vulnerabilities in the family law context. Any family law attorney engaged in representing transgender clients must know the ins and outs of this rapidly developing area of law. Transgender Family Law: A Guide to Effective Advocacy is the first book to comprehensively address legal issues facing transgender people in the family law context and provide practitioners the tools to effectively represent transgender clients. The chapters address a broad range of topics, including: Culturally Competent Representation, Recognition of Name and Sex, Relationship Recognition and Protections, Protecting Parental Rights, Relationship Dissolution, Parental Rights after Relationship Dissolution, Custody Disputes Involving Transgender Children, Protections for Transgender Youth, Intimate Partner Violence, Estate Planning and Elder Law. Written by attorneys with expertise in both family law and advocacy for transgender clients, including: Kylar W. Broadus, Patience Crozier, Benjamin L. Jerner, Michelle B. LaPointe, Jennifer L. Levi, Morgan Lynn, Shannon Price Minter, Elizabeth E. Monnin-Browder, Zack M. Paakkonen, Terra Slavin, Wayne A. Thomas Jr., Deborah H. Wald, and Janson Wu, Transgender Family Law is a must-have, practical guide for attorneys interested in becoming effective advocates for their clients. It is also a valuable resource to consult for any transgender person who is forming, expanding, or dissolving a family relationship.
Author: Abbie E. Goldberg
Publisher: Oxford University Press
Release Date: 2018-11-14
What unique challenges face LGBTQ individuals in relationships or who are separating or divorcing, especially now that same-sex couples may marry? What issues might complicate the ending of relationships when children, multiple partners, or multiple parents are present? How do gender, gender transition, ethnicity, immigration status, economic status, geography, and other characteristics shape the experiences of divorcing or separating LGBTQ people? Finally, how can therapists and lawyers most effectively assist LGBTQ people whose relationships and families are dissolving? LGBTQ Divorce and Relationship Dissolution: Psychological and Legal Perspectives and Implications for Practice brings together social science and legal perspectives to examine the timely topic of relationship dissolution and divorce among sexual and gender minorities. The first edited book to tackle this topic in an informed, comprehensive, and interdisciplinary matter, this volume gathers and expands current knowledge on topics such as LGBTQ people's relationship and dissolution patterns; the divorce and child custody rules and processes that now apply to many LGBTQ families; and the surrounding political and cultural environment in the United States. It will also address practical issues such as mediation with same-sex couples who are separating or divorcing, financial planning, and family therapy for sexual minority parents and their children in the context of divorce/dissolution. With chapters contributed by leading scholars and practitioners from law, political science, psychology, sociology, and other disciplines, LGBTQ Divorce and Relationship Dissolution will be an invaluable resource for academics, practitioners, policymakers, and LGBTQ people. It will also be of interest to students in psychology, counseling, law, and LGBTQ and gender studies.
Author: Lettie L Lockhart
Publisher: Columbia University Press
Release Date: 2010-02-04
Genre: Social Science
In Domestic Violence: Intersectionality and Culturally Competent Practice, experts working with twelve unique groups of domestic abuse survivors provide the latest research on their populations and use a case study approach to demonstrate culturally sensitive intervention strategies. Chapters focus on African Americans, Native Americans, Latinas, Asian and Pacific Island communities, persons with disabilities, immigrants and refugees, women in later life, LGBT survivors, and military families. They address domestic violence in rural environments and among teens, as well as the role of religion in shaping attitudes and behavior. Lettie L. Lockhart and Fran S. Danis are editors of the Council of Social Work Education's popular teaching modules on domestic violence and founding co-chairs of the CSWE symposium on violence against women and children. In their introduction, they provide a thorough overview of intersectionality, culturally competent practice, and domestic violence and basic practice strategies, such as universal screening, risk assessment, and safety planning. They follow with collaborative chapters on specific populations demonstrating the value of generalist social work practice, including developing respectful relationships that define issues from the survivor's perspective; collecting and assessing data; setting goals and contracting; identifying culturally specific interventions; implementing culturally appropriate courses of action; participating in community-level strategies; and advocating for improved policies and funding at local, state, and federal levels. Featuring resources applicable to both practitioners and clients, Domestic Violence forms an effective tool for analysis and action.
Author: Sandra C. Anderson
Publisher: Columbia University Press
Release Date: 2009-07-29
Genre: Social Science
Internalized homophobia, alienation, poor support structures, and high levels of depression all contribute to substance abuse among lesbian, gay, bisexual, and transgender individuals, with social activity at bars and clubs reinforcing addictive behavior. The threat of bias in treatment programs also prevents many from seeking help. An essential resource for human service professionals searching for the latest research on these unique issues, this volume features both state of the art practice methods for treating substance use disorders and up-to-date analyses of sexual orientation and gender identity issues, heterosexism, and the ethical challenges of working with the LGBT community. Sandra Anderson discusses practice with individuals, couples, families, and small groups, as well as practice at the program level. Drawing on case studies with her own clients and from social service agencies that treat LGBT clients, Anderson emphasizes evidence-based treatment models, including motivational enhancement therapy, contingency management, the matrix model, and community reinforcement. Packed with recommendations for effective practice, this singular volume confronts the obstacles faced not only by clients with addictions but also by the LGBT population as a whole.
Author: Joan M. Burda
Publisher: American Bar Association
Release Date: 2008
"This book provides an introduction to lawyers and their clients to the legal landscape, as it relates to lesbian, gay and transgender persons today and provides the opportunity to look at issues from the perspectives of those persons. In addition to case law, statutes and a discussion of legal issues, this book also introduces the reader to people who make up the lesbian, gay and transgender community and their common issues. It will assist you in developing new ideas of what is possible in your jurisdiction, and identify the legal issues to be successfully challenged. The book is accompanied by a CD-ROM with all of the forms for easy customization."--BOOK JACKET.
Author: Jürgen Basedow
Publisher: Mohr Siebeck
Release Date: 2004
English summary: The Max Planck Institute for Foreign Private and Private International Law has conducted an analysis of the legal status of transsexuals in Europe America and Australia. The book is based on an expert opinion for the German constitutional court, in view of the constitutional challenge of the German law on transsexuals. It was submitted, that the requirement of German nationality for legal recognition of a gender change in Germany violated the German constitution. The expert opinion states that this requirement not only violates the German constitution, but also the European Convention on Human Rights. The authors suggest alternatives to the current legal rule. German description: Das Buch geht auf ein Gutachten zuruck, das vom Max-Planck-Institut fur auslandisches und internationales Privatrecht im April 2004 fur das Bundesverfassungsgericht erstattet wurde. Anlass war ein konkretes Normenkontrollverfahren, in dem das Gericht vor die Frage gestellt wurde, ob es mit dem Gleichheitssatz des Grundgesetzes vereinbar sei, dass nach dem deutschen Transsexuellengesetz nur deutsche Staatsburger oder Personen mit deutschem Personalstatut den Antrag auf Anerkennung einer Geschlechtsumwandlung stellen durfen.Zur Klarung dieser Frage wird zunachst der verfassungsrechtliche Rahmen auf der Grundlage fruherer Urteile des BVerfG skizziert. Es folgen Darstellungen der Rechtslage in 18 Landern (Europa, Australien, Amerika) mit einer zusammenfassenden Analyse sowie eine Untersuchung von Urteilen des EuGHMR zur Europaischen Menschrechtskonvention (EMRK) und des EuGH. Schliesslich werden Alternativen zur bestehenden deutschen Regelung aufgezeigt. Im Ergebnis zeigt sich, dass die in Frage stehende Norm des deutschen Transsexuellengesetzes gegen das Grundgesetz und gegen die EMRK verstosst, so dass eine neue Regelung nach dem Vorbild der geschilderten Alternativen geschaffen werden sollte.
This book assesses whether a new category of religious actors has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.
Author: Gerald P. Mallon
Release Date: 2009-05-07
Genre: Social Science
Through personal narratives and case studies, this fully updated second edition explores the childhood and adolescent experiences of transgendered persons. Addressing the differences between male-to-female (MTF) and female-to-male (FTM) individuals and identifying the specific challenges of transgender persons from diverse races, cultures, and religious backgrounds, this compelling book offers suggestions that will help social workers and the youths' families learn more about the reality of transgender persons' lives. Some of the areas discussed include: individual practice group work practice family-centered practice internal and external stress factors a new discussion of the legal issues that trans and gender variant youth face a new chapter on focusing on a recommendations for clinical treatment. Containing invaluable information on a topic that is not widely discussed or written about, the second edition of Social Work Practice with Transgender and Gender Variant Youth discredits negative stereotypes surrounding these youths and offers you insight into their experiences. Additionally, the chapters openly address questions that practitioners may have about gender identity as well as offer concrete and practical recommendations about competent and positive practice with this population. It will interest academics and social service practitioners seeking to know more and work effectively with transgender and gender variant youth.