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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.65) 5 What’s in a Name?

(p.65) 5 What’s in a Name?

(p.65) 5 What’s in a Name?
Intersexuality and the Law

Julie A. Greenberg

NYU Press

This chapter examines whether transsexuals and people with an intersex condition should be allowed to create their own legal identity through the use of the name and sex indicator they choose on their official documents, such as birth certificates, passports, and driver's licenses. It considers the statutes and court decisions that address sex amendments and their implications for people seeking to change the name and sex designation on their official documents. Most states allow birth records and other identity documents to be amended so that the name and sex indicator correspond to the person's gender self-identity. Other states, however, do not allow identity documents to be modified to reflect a sex or name change. Thus, people may have some of their official documents indicate that they are male, while other documents indicate that they are female. This chapter also analyzes the reasons used by government agents to force people to carry official documents that do not accurately reflect their self-identified name and gender.

Keywords:   transsexuals, intersex condition, legal identity, official documents, birth certificates, statutes, court decisions, name, gender, sex amendments

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