Politics of Right Sex, The: Transgressive Bodies, Governmentality, and the Limits of Trans Rights

Description

Examines the limitations of rights-based mobilization and litigation for advancing the interests of trans individuals in the contemporary United States. While the growing attention to trans rights and the development of trans-specific interest groups suggest that the time is right for a trans rights movement akin to prior civil rights movements, The Politics of Right Sex explores the limitations of rights-based mobilization and litigation for advancing the interests of trans communities. Synthesizing critical theory, transgender studies, and extant law and society research, Courtenay W. Daum argues that trans individuals, particularly those situated at the intersection of gender, race, class, and immigration status, are regulated by myriad forces of governmentality that work to maintain the sex and gender binaries and associated power hierarchies. Because many informal practices and norms are located beyond the reach of civil rights laws, a trans politics of rights may produce some modest legal and legislative reforms but will not eliminate the disciplinary forces that work to subject trans individuals. It will also privilege those who are able to conform with dominant gender norms at the expense of the interests of those individuals who are gender nonconforming, gender queer, trans people of color, and others unable or unwilling to embrace a transnormative presentation of self and/or lifestyle. In order to disrupt the dominant discourse and hierarchical power arrangements in pursuit of collective liberation for all as opposed to rights for some, The Politics of Right Sex advocates for a more confrontational approach that directly engages and challenges the hegemonic power structures that govern and discipline trans individuals. Contents Preface Acknowledgments Introduction The Development of a Trans Politics of Rights The Limitations of a Trans Politics of Rights Governmentality as a Tool of Social Control and Population Management Outline of the Book Part One: Transgressive Bodies Chapter 1 Binary Identities and the Construction of Privileged versus Transgressive Bodies Introduction The Sociolegal Construction of Binary Identities in the United States Race: The Construction of Whiteness Sexual Orientation: Born This Way Sex: The Immutability and Exclusivity of Male and Female Conclusion Chapter 2 The Complexity of Gender Identities and the Dangers of the Politics of Right Sex Introduction Identity Politics as Privileging Mechanisms Intersectional Subjection of Trans Individuals The Limits of Prohibitions on Sex Discrimination for Trans Individuals The Complexity and Fluidity of Gender Conclusion Part Two: Governmentality Chapter 3 The Illegibility of Trans Bodies: How the Mandatory Reporting of Gender Markers on Identity Documents Facilitates Governmentality Introduction The Regulatory Norms of the Sex and Gender Binaries The Assignment of Sex Prohibitive Costs: The Financial and Personal Burdens Associated with Changing Identity Documents The Regulation of Identity on Documents Is a Tool of Governmentality Administrative Impossibilities and Queer Security Threats Sex Reporting on Identity Documents Increases Intersectional Subjection of Trans Individuals Identity Control and the Enforcement of Gender Normativity Conclusion Chapter 4 “No Men in Women’s Bathrooms”: De Jure and De Facto Policing of Sex-Segregated Bathrooms as a Means of Social Control Introduction Bathroom Hysterias and Governmentality Social Construction of Public Space Construction of Transgressive Bodies Denial of Access to Space Limits Access and Constrains Movements in the Public Realm Subjection to Physical Danger and Violence Sex-Segregated Public Spaces Facilitate Gender Normativity Conclusion Chapter 5 The War on Solicitation and Intersectional Subjection: How Quality of Life Policing Is Used as a Tool to Control Trans Populations Introduction Walking While Trans: Quality of Life Policing and the Enforcement of Solicitation Laws Transprofiling as a Tactic of Governmentality Intersectional Subjection of Trans Individuals Transprofiling as a Tool for Removing and Erasing Trans Bodies from Public Spaces Transprofiling and the Enforcement of Gender Normativity Conclusion Part Three: The Limits of Trans Rights Chapter 6 The Viability and Efficacy of a Trans Politics of Rights Introduction The Political Mobilization of Trans Individuals The Pros of Working with Liberal Gay Rights Groups Cons of Working with Liberal Gay Rights Groups Going It Alone: A Trans Social Movement and Political Mobilization The Recognition of Rights and the Realignment of Political Forces Declarations of Trans Rights from the Courts Congressional Legislation: Adding and Including Gender Identity State and Local Legislation: Laboratories of Democracy? The Limitations for a Trans Politics of Rights Conclusion Chapter 7 Trans and Queer Counterpublics and Transformative Change: Collective Liberation not the Politics of Right Sex Introduction Strategies for Advancing Trans Interests Collective Liberation Counterpublics as Sources of Power and Contestation Counterpublics as Agitators: Radical Resistance The Transformative Power of the Trans and Queer Counterpublics Conclusion Notes Works Cited Index