Transgender jurisprudence

This chapter will provide an overview of how the legal system in England and Wales has engaged with the rights of transgender and non-binary people over the last 50 years. In doing so we will first outline key legal cases that have gradually changed how trans people are treated in and by law, next we will consider in what ways the Gender Recognition Act 2004 supports the recognition of trans people, before turning to the more recent issue of how non-binary people should be recognised in law. Finally, we will consider arguments for whether assigning people a legal gender status can still be considered an important function of the legal system. By the end of this chapter, you will be able to understand the core themes that have emerged across case law and legislation when dealing with trans issues. You will have an understanding of the core texts and authors in this field, alongside being able to recognise the importance of different judgments in this specific legal area. Throughout this area you will find reflection questions and activities to help you guide your understanding of the legal issues discussed in the chapter.