Papers

The Gender Caste System: Identity, Privacy and Heteronormativity

10 Law & Sexuality 123 (2001)

This article proposes that the right to privacy in U.S. constitutional law creates a right to determine one’s gender identity despite governmental regulations to the contrary.

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GL vs. BT: The Archaeology of Biphobia and Transphobia in the U.S. Lesbian and Gay Community

Journal of Bisexuality 3, 25-55 (2004)

This article discusses the contentious social and historical relationship within and among the gay, lesbian, bisexual and transgender communities in the United States.

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Weiss, J.T. (2007). The Lesbian Community and FTM Transsexuals: Détente in the Butch/FTM Borderlands

The Journal of Lesbian Studies 11, 219-227 (2007)

This article discusses the relationship between FTM (female-to-male) transsexual identity, and lesbian and gay identities.

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The First Amendment Right To Free Exercise Of Religion, Nondiscrimination Statutes Based On Sexual Orientation And Gender Identity, And The Free Exercise Claims Of Non-Church-Related Employers

12 Florida Coastal Law Review 15 (2010)

This Article addresses the right of a non-church-related employer--in a jurisdiction with a statute prohibiting discrimination based on sexual orientation or gender identity--to raise the First Amendment Free Exercise Clause as a defense to an application of the statute regarding discrimination against a gay or transgender employee.

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Gender Autonomy, Transgender Identity and Substantive Due Process: Finding a Rational Basis for Lawrence V. Texas

Touro Journal of Race, Gender and Ethnicity, Vol. 5, No. 1, February 2010

In a 2001 law review article, I suggested that there is a fundamental right to “gender autonomy” that protects people with transgender and transsexual identity. I grounded this in what was then called the “right to privacy,” an outgrowth of substantive due process. There have been significant developments in the law since then, and many commentators have discussed the possibility of a right to gender autonomy.

This article looks to review the work that has been done since that time. It also focuses on how the groundbreaking, but widely misunderstood, 2003 decision in Lawrence v. Texas impacts this right. Lawrence has made it possible to argue successfully that laws and policies impacting gender autonomy are not rationally related to state interests. This would impact gender restrictions such as those found regarding birth certificates, laws requiring or permitting sex segregation in public facilities, employment or sports, restrictions on crossdressing or transition for youth, in divorce custody situations and in prisons, health insurance exclusions, marriage restrictions, and military service laws.

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Transgender Identity, Textualism, and the Supreme Court: What is the 'Plain Meaning' of 'Sex' in Title VII of the Civil Rights Act of 1964?

Temple Political and Civil Rights Law Review, vol. 18, pp. 573-649.

Federal courts are split on the question of whether Title VII applies to transgender employees. This article traces the history of changes in the meaning of the word “sex”, arguing that textualist judges, including those on the Supreme Court, should find that sex includes transgender identity.

The article reviews the historical changes in the meaning of the terms "transgender" and "sex." It argues that the meaning of "sex" has come to include "gender identity." It also suggests that the judicial philosophy of "textualism" requires Title VII protection under the rubric of "sex discrimination" for a transgender employee.

Transgender Studies, Transsexuality and Transgender, Transgender Studies, Transsexuality, and Labor law

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An Attorney’s Perspective on Fraud Related to Health Care

Journal of Controversial Medicine 16(2):9-9

This commentary is part of a series of papers published by professionals in different areas, discussing a hypothetical case involving submission of a medical claim by a transgender woman.  Her claim is for a prostate examination, which is rejected by the insurer with a note that future fraudulent claims will be referred to prosecutors.

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