‘Judging Gender’

Marie-Amélie George, ‘Exploring Identity’, 54 Family Law Quarterly (forthcoming, March 22, 2021), available at SSRN; Claire Houston, ‘Respecting and Protecting Transgender and Gender-Nonconforming Children in Family Courts’, 33:1 Canadian Journal of Family Law 103 (2020). Increasingly, courts in the United States and Canada are called to rule on parental disputes about the gender identity and expression of children. Often in the background of a custody dispute, courts are faced with the task of deciding what parental arrangement is better to support the gender identity/expression journey of a young child. In the classic case, one parent encourages the gender exploration of the child and the other objects, often also accusing the supportive parent of putting ideas about gender nonconformity into the child’s head … (more)

[Erez Aloni, JOTWELL, 13 September]

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