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Intersexuality and the LawWhy Sex Matters$
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Julie A. Greenberg

Print publication date: 2012

Print ISBN-13: 9780814731895

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814731895.001.0001

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(p.47) 3 Legal Reinforcement of Gender Norms

(p.47) 3 Legal Reinforcement of Gender Norms

(p.47) 3 Legal Reinforcement of Gender Norms
Intersexuality and the Law

Julie A. Greenberg

NYU Press

This chapter serves as an introduction to Part II of this book. It provides an overview to the subjects discussed in this part, such as the areas in which the concerns of people with an intersex condition and the concerns of transsexuals may converge; the state's role in determining a person's legal sex for people who do not conform to sex and gender stereotypes; and the major impetus for sex distinctions, protecting marriage as a heterosexual institution. Chapter 4 examines the most litigated area related to sex determination: establishing a person's sex for purposes of marriage. Chapter 5 considers whether people with an intersex condition and transsexuals should be able to create their own legal identity through the name and sex indicator they choose for their official documents. Chapter 6 focuses on how housing and bathroom use rules are imposed on people who do not fit into the binary norm. These chapters demonstrate the weaknesses of the tests that have been adopted by states for sex determination.

Keywords:   intersex condition, transsexuals, legal sex, sex, gender stereotypes, marriage, sex determination, legal identity, housing, bathroom use

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