CEU eTD Collection (2017); Daniszewski, Anna Menaker: Reformulating the Trans/Gendered Legal Subject: Legal Protection and Legal Action through Radical Feminism and Queer Theory

CEU Electronic Theses and Dissertations, 2017
Author Daniszewski, Anna Menaker
Title Reformulating the Trans/Gendered Legal Subject: Legal Protection and Legal Action through Radical Feminism and Queer Theory
Summary This project takes up the ongoing philosophical and political tensions between radical feminism and queer and transgender theories, and centers them on the most recent iteration of the United States transgender bathroom access debate and the legal shifts in sex discrimination law from which it stems. I explore how their philosophical opposition is represented through the legal shifts in Title IX, while considering the implications of these changes for transgender and gender nonconforming people and cisgender women. I will argue that the translation of radical feminist and queer and transgender theories into law reduces them of their complexity and political potential. I will then more closely analyze how their philosophical tensions in two core areas of critique both underpin the contentions that arise in the bathroom problem and also reveal the role of the law in producing it. Part I of the project begins with an examination of the legal developments of Title IX, wherein I do a close reading of two legal documents that reformulate the statute’s definition of “sex” and the basis of discrimination. Part II is thematically divided into two central issues to the bathroom and legal debate and to the theoretical camps: the construction and enforcement of social and legal categories and the negotiation of public and private space and rights.
Supervisor Meger, Sara
Department Gender Studies MA
Full texthttps://www.etd.ceu.edu/2017/daniszewski_anna.pdf

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