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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.73) 6 Where May I Live and Which Bathroom Do I Use?

(p.73) 6 Where May I Live and Which Bathroom Do I Use?

(p.73) 6 Where May I Live and Which Bathroom Do I Use?
Intersexuality and the Law

Julie A. Greenberg

NYU Press

This chapter examines sex classification for purposes of determining appropriate housing and restroom use. It considers how courts have addressed the issue of determining the sex of people with an intersex condition or transsexuals for the purpose of establishing appropriate housing in prisons and bathroom use in public facilities. It shows that in making such sex determinations, courts have taken into account the privacy interests and safety concerns of the other people sharing the facility. This chapter explores these issues and asks whether society's sense of propriety and morality should be used to determine another person's right to sexual self-determination. It argues that strict enforcement of rules regarding sex-segregated facilities reinforces gender stereotypes that women are vulnerable and men are predators.

Keywords:   sex classification, housing, intersex condition, transsexuals, prisons, bathroom use, public facilities, sex determination, sexual self-determination, sex-segregated facilities

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