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36 Colum. Hum. Rts. L. Rev. 713 (2004-2005)
Beyond a Medical Model: Advocating for a New Conception of Gender Identity in the Law

handle is hein.journals/colhr36 and id is 721 raw text is: BEYOND A MEDICAL MODEL: ADVOCATING FOR A NEW CONCEPTION OF GENDER IDENTITY IN THE LAW Franklin H. Romeo* I. INTRODUCTION The legal needs of transgender and other gender nonconforming' people are varied and diverse.2 Gender transgressive * J.D., Columbia University School of Law (2005); Jailhouse Lawyer's Manual Production Editor, Columbia Human Rights Law Review (2004-2005). Franklin Romeo identifies as transgender and queer. Many people contributed to the development of this Note. I would like to thank Dean Spade, Margarita Guzman, Gillian Metzger, and Ariela Dubler for their helpful feedback on several drafts. I would also like to thank to Z Arkles, Paisley Currah, Bridge Joyce, and Emily Thuma, whose insights contributed to my analysis on this topic. Finally, special thanks to Amy Mulzer for her editorial assistance. 1. The author uses the terms transgender, gender nonconforming, and gender transgressive interchangeably to indicate a broad spectrum of people whose identity or lived experience do not conform to the identity or experiences typically associated with the sex assigned to that person at birth. This includes, but is not limited to, people who identify or live some or all of the time as a gender other than that assigned to them at birth, people with intersex conditions, transsexuals, genderqueers, cross-dressers, masculine women, and feminine men. The author uses the term lived gender to describe the gender with which a person identifies, which may differ from the gender that person was assigned at birth. The author uses the term transsexual to describe people who identify as such or who are referred to as such in a court opinion; this term is frequently used to describe people who have undergone, or desire to undergo, gender-related medical care such as hormone therapy or gender-related surgeries. The author uses the term intersex to describe persons whose bodies are not easily classified as either male or female under current Western medical understandings of dimorphic sexes. The author recognizes that each of these terms carries different connotations and limitations, and that meanings may change over time. In using them, the author seeks to be as inclusive as possible in terms used, and to respect the complexities and evolving nature of terms people use to self-identify.

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