Home | Entries tagged with 'Ben-Asher'


Note: results are sorted by date added to the site, newest first.

Ben-Asher, Noa, The Necessity of Sex Change: A Struggle for Intersex and Transsex Liberties. Harv. J.L. & Gender 51-98 (2006).

A comparison of legal struggles of transsex and intersex individuals, this article suggests that the two groups are not necessarily at odds. “Transsex individuals often desire the future body that they should have, while intersex individuals often mourn the body they had before an unwanted normalizing surgery…” (usually at birth or in early childhood). The author explains that transsex individuals are seeking a positive liberty (i.e. Medicaid coverage of adult transsex surgeries) based upon gender identification, while intersex individuals (or those advocating for them) are seeking a negative liberty (i.e. protection from intrusive sex assignment surgery). The author argues that the two groups could avoid contradicting each other by basing their claims to liberty on a premise of “gender identity as an inner-self that is distinct from the body,” rather than medical conceptions of gender.

HeinOnline | LexisNexis | Westlaw | Harvard Journal of Law and Gender (free)

More on: Ben-Asher, intersex, transgender, transsexual