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Topic: Legal Gender Link: https://en.wikipedia.org/wiki/Legal_gender |
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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.
[[Iran]] is a good example of a country where traditions and culture have long been proven to clash heavily with legal gender. In the 1980s, a fatwah issued by Ayatollah Khomeini allowed trans people to undergo sex-reassignment surgery (SRS) and legally change their gender, showing a progressive legal stance toward transgender rights. Despite legal provisions, deeply ingrained traditional ideas about gender and family in Iran have led to persistent anti-trans discrimination, exemplified by Phoenix's experience of rejection and violence despite legal rights.
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.
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[[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. [[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]].
The history of legal gender in [[Asia]] is a complex narrative shaped by cultural traditions, colonial legacies, and modern legal reforms. Colonial powers frequently enforced binary gender classifications similar to their own legal systems, reinforcing the traditional gender roles that are deeply ingrained in many Asian societies. But as Asian nations modernized, perceptions of gender and sexuality started to change, which prompted legislative changes that addressed LGBTQ+ and gender equality. While legal recognition of third genders and non-binary identities varies, these identities have long been acknowledged in some Asian cultures. Legal recognition for transgender people has advanced in recent decades, thanks to initiatives like anti-discrimination legislation and modifications to gender markers on official documentation. Notwithstanding progress, issues like prejudice and social stigma endure, underscoring the continuous struggle for LGBTQ+ rights across the region. Advocacy and activism are essential in promoting legal changes and subverting gender and sexuality norms in society. The fact that different nations are at different stages of recognizing and protecting gender minorities, however, means that there is still a long way to go before full equality and acceptance are achieved.
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, [[
== Present views ==
Across Asia, trans individuals still face violence, discrimination, and exclusion from society despite some countries taking legislative steps toward protection. Legal gender recognition is seen as crucial for combating systemic discrimination and promoting equality under the law. However, the lack of clear procedures and social acceptance poses challenges for trans people in many Asian countries. For example, while [[Thailand]] has become a hub for sex-reassignment surgery (SRS) with a booming medical tourism industry, legal loopholes and risks associated with the procedure highlight the complexities of gender-affirming care.
There is considerable progress being made in Asia as well though, with [[Hong Kong]]'s court ruling against requiring "full sex reassignment surgery" for gender change and [[Japan]]'s passing of its first law addressing discrimination based on sexuality and gender identity in 2023. [[India]], [[Pakistan]], and [[Nepal]] allow individuals to legally change their gender solely based on self-identification, without medical interventions or judicial processes.
Still, concerns remain about the effectiveness of these laws in combating discrimination and promoting genuine acceptance, as seen in Japan's new law containing caveats that could potentially undermine trans rights and reinforce societal biases.
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{{Columnslist|colwidth=25em|
* [[Same-sex marriage]]
* [[Same-sex marriage#Transgender and intersex people]]
* [[Sex]]
* [[Gender identity]]
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* [[Legal status of transgender people]]
* [[Sex assignment]]
* [[
* [[LGBT rights by country or territory]]
}}
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