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24 Yale J.L. & Feminism 337 (2012)
Disability Law and the Disability Rights Movement for Transpeople

handle is hein.journals/yjfem24 and id is 343 raw text is: Disability Law and the Disability Rights Movement for Transpeople Zach Strassburgert ABSTRACT: Existing disability law is fairly successful at protecting transsexual people from legal discrimination, but the stigma and medicalization of disability prevent further efforts that could make disability a more useful frame for transgender activism. Furthermore, disability law is underinclusive in that genderqueers and others for whom a diagnosis of gender identity disorder (GID) is impractical cannot access current disability law protections. Still, the disability rights movement can offer possible legal change and can provide important narratives for reimagining differences and rethinking accommodations that will create less restrictive disability and other civil rights law to protect transgender and transsexual people in the long term. This Note imagines a new disability law, which defines disability socially, centers on self-identification, and changes the legal landscape of antidiscrimination protections for trans and gender-variant communities. I. INTRODUCTION ...................................................... 338 II. BENEFITS OF DISABILITY LAW FOR TRANSSEXUALS......... ...........340 III. DISABILITY LAW FOR GENDER-VARIANT NONTRANSSEXUALS ........347 IV. CRITIQUES OF CURRENT EFFORTS TO USE DISABILITY LAW....................359 V. THE DISABILITY RIGHTS MOVEMENT'S LESSONS FOR FRAMING TRANSGENDER RIGHTS...............................365 VI. CONCLUSION ........................................... ......374 t J.D., Yale Law School, Class of 2012; Equal Justice Works Fellow at KidsVoice in Pittsburgh, PA. For comments on the draft, I owe thanks to Reva Siegel, Amy Kapczynski, Peter Heisler, and Kate Jenkins. Copyright 0 2012 by the Yale Journal of Law and Feminism

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