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Gilden, Andrew, Toward a More Tranformative Approach: The Limits of Transgender Formal Equality. Berkeley J. Gender L. & Justice 83-144 (2008).

This is the kind of article that would have been well served by a abstract that distilled its complicated arguments. The reasoning appears to be that linking transgender rights to the formal legal categories of "sex" and "gender identity" undermine the "reconstructive potential" of transgender lives to demonstrate the fundamentally distorting influences of those ideas on our social and political systems. The article appears then to follow the reasoning of those that suggest, for example, that excluding gay couples from marriage is not the problem; marriage is the problem. Readers may find particularly interesting the author's use of the Native American "berdache" tradition -- and the Navaho nadleeh particularly -- as an illustrative of an alternative gender fluidity to take the place of our own static gendered hierarchies and stereotypes.

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