Content deleted Content added
Topic: Legal Gender Link: https://en.wikipedia.org/wiki/Legal_gender |
m Dating maintenance tags: {{Citation needed}} |
||
(5 intermediate revisions by 3 users not shown) | |||
Line 8:
In European societies, [[Roman law]], post-classical [[canon law]], and later [[common law]], referred to a person's sex as male, female or [[hermaphrodite]], with legal rights as male or female depending on the characteristics that appeared most dominant. Under Roman law, a hermaphrodite had to be classed as either male or female.<ref>{{cite journal|doi=10.1111/1468-0424.00075|title=The Ideology of the Eunuch Priest|journal=Gender & History|volume=9|issue=3|pages=542–559|year=1997|last1=Roller|first1=Lynn E.|s2cid=143133728 }}</ref><!--footnote on page 558: "Note also the Roman treatment of a hermaphrodite, who could not be legally recognized as a third gender, but had to be classified as either male or female; see Yan Thomas, "The Division of the Sexes in Roman Law", in ''A History of Women: From Ancient Goddesses to Christian Saints'', ed. Pauline Schmidt Pantel (Harvard University Press, Cambridge, MA and London, 1992), pp. 84–7"--> The 12th-century ''[[Decretum Gratiani]]'' states that "Whether an hermaphrodite may witness a testament, depends on which sex prevails".<ref>''[[Decretum Gratiani]]'', C. 4, q. 2 et 3, c. 3</ref><ref>{{cite web | url = http://geschichte.digitale-sammlungen.de/decretum-gratiani/kapitel/dc_chapter_1_1585 | title = Decretum Gratiani (Kirchenrechtssammlung) | work = Bayerische StaatsBibliothek ([[Bavarian State Library]]) | date = February 5, 2009 | url-status = live | archive-url = https://web.archive.org/web/20161220084841/http://geschichte.digitale-sammlungen.de/decretum-gratiani/kapitel/dc_chapter_1_1585 | archive-date = December 20, 2016 }}</ref><ref name="Raming">{{cite book | title = A History of Women and Ordination | last1 = Raming | first1 = Ida | last2 = Macy | first2 = Gary | last3 = Bernard J | first3 = Cook | publisher = [[Scarecrow Press]] | date = 2004 | page = 113}}</ref> The foundation of common law, the 16th Century ''[[Institutes of the Lawes of England]]'', described how a hermaphrodite could inherit "either as male or female, according to that kind of sexe which doth prevaile."<ref>E Coke, The First Part of the Institutes of the Laws of England, Institutes 8.a. (1st Am. Ed. 1812) (16th European ed. 1812).</ref><ref>{{Cite journal| volume = 41| last = Greenberg| first = Julie| title = Defining Male and Female: Intersexuality and the Collision Between Law and Biology| journal = Arizona Law Review| date = 1999| ssrn = 896307|pages = 277–278}}</ref> Legal cases where legal sex was placed in doubt [[Intersex in history|have been described]] over the centuries.
In 1930, [[Lili Elbe]] received [[Gender-affirming surgery|sexual reassignment surgery]] and an [[ovary transplant]] and changed her legal gender as female{{citation needed|date=September 2024}}. In 1931, [[Dora Richter]] received removal of the penis and vaginoplasty. A few weeks after [[Lili Elbe]] had her final surgery including [[uterus transplant]] and [[vaginoplasty]]. Immune rejection from transplanted uterus caused her death{{citation needed|date=September 2024}}. In May 1933, the [[Institute for Sexual Research]] was attacked by [[Nazi|Nazis]], losing any surviving records about Richter{{citation needed|date=September 2024}}.▼
▲In 1930, [[Lili Elbe]] received [[Gender-affirming surgery|sexual reassignment surgery]] and an [[ovary transplant]] and changed her legal gender as female. In 1931, [[Dora Richter]] received removal of the penis and vaginoplasty. A few weeks after [[Lili Elbe]] had her final surgery including [[uterus transplant]] and [[vaginoplasty]]. Immune rejection from transplanted uterus caused her death. In May 1933, the [[Institute for Sexual Research]] was attacked by [[Nazi|Nazis]], losing any surviving records about Richter.
[[Toni Ebel]] and her partner {{ill|Charlotte Charlaque|WD=116172471}}, who were both other German sexual reassignment surgery recipients, were forced to separate in 1942 after harassment from their neighbors.<ref>{{Cite book |last=Wolfert |first=Raimund |url=https://www.worldcat.org/oclc/1286534661 |title=Charlotte Charlaque : Transfrau, Laienschauspielerin, "Königin der Brooklyn Heights Promenade" |date=2021 |isbn=978-3-95565-475-7 |edition=1. Auflage |location=Leipzig |oclc=1286534661 |language=de}}</ref>
After [[World War II]], [[transgender]] issues received public attention again. Legislation in the 1950s and 60s primarily focused on criminalizing homosexuality and enforcing heteronormative gender roles, leading to disproportionate police harassment and arrests of gender non-conforming individuals{{citation needed|date=September 2024}}. [[Christine Jorgensen]] was unable to marry a man because her [[birth certificate]] listed her as male. Some transgender people changed their birth certificates, but the validity of these documents were challenged. In the [[United Kingdom]], [[Sir Ewan Forbes, 11th Baronet|Sir Ewan Forbes']] case recognized the process of legal gender change. However. legal gender change was not recognized in [[Corbett v Corbett]].The [[Stonewall riots|1969 Stonewall Uprising]] marked a pivotal moment in the [[LGBT movements|gay rights movement]], sparking protests and marches globally and underscoring ongoing [[Discrimination against LGBT people|discrimination]] and [[Violence against LGBT people|violence against LGBT individuals]].
Today, many jurisdictions allow transgender individuals to change their legal gender, but some jurisdictions require [[sterilization (medicine)|sterilization]], childlessness or an unmarried status for legal gender change.<ref>{{cite web |title=Many Trans People Must Choose: Sterilization, or Legal Recognition? |url=https://www.opensocietyfoundations.org/publications/forced-sterilization |website=www.opensocietyfoundations.org |access-date=18 April 2024 |language=en |date=November 2015}}</ref> In some cases, [[sex reassignment surgery]] is a requirement for legal recognition.<ref name="apnewsoct2021">{{Cite web |date=7 October 2021 |title=S Korean court: Discharge of late transgender soldier unjust |url=https://apnews.com/article/seoul-south-korea-fddf72e3c525e0ef9ea87612298e2ea2 |website=[[Associated Press]]}}</ref> ▼
▲Today, many jurisdictions allow transgender individuals to change their legal gender, but some jurisdictions require [[sterilization (medicine)|sterilization]], childlessness or an unmarried status for legal gender change.<ref>{{cite web |title=Many Trans People Must Choose: Sterilization, or Legal Recognition? |url=https://www.opensocietyfoundations.org/publications/forced-sterilization |website=www.opensocietyfoundations.org |access-date=18 April 2024 |language=en |date=November 2015}}</ref> In some cases, [[
== See also ==
{{Columnslist|colwidth=25em|
* [[Same-sex marriage]]
* [[Same-sex marriage#Transgender and intersex people]]
* [[Sex]]
* [[Gender identity]]
Line 42 ⟶ 26:
* [[Legal status of transgender people]]
* [[Sex assignment]]
* [[
* [[LGBT rights by country or territory]]
}}
|