Research Handbook on Gender, Sexuality and the Law

‘An important intervention in the persistent question of how we can use the law for sexual liberation without being used by the law. This volume interrogates who “we” are across multiple identities, what law is or has been in numerous jurisdictions, and what sexual, gender, and human liberation might be in our lifetimes. Not beholden to any particular theoretical perspective or doctrinal imperative, this collection will serve as a vital springboard for researchers in sex, gender, and legal struggles.’
– Ruthann Robson, City University of New York School of Law, US

‘An important and timely collection that demonstrates the enduring value of gender and sexuality for legal and other scholars working across a wide range of issues. While revisiting and recasting gay rights and feminist insights, it also opens up and broadens the field – conceptually and geographically – and acknowledges and engages with debates, rather than attempting to resolve them. In true queer style it troubles boundaries and provides signposts rather than destinations.’
– Daniel Monk, Birkbeck, University of London, UK

‘This book is a very useful resource for both students and academics wanting to consider where the field sits at this historical moment in which il/liberal states struggle with their own internal contradictions and the rise of populist movements. In the face of these forces, it charts paths for future socio-legal scholarship through theoretical and empirical engagement with activist struggles in the west and global south, foregrounding intersectionality in legal analysis around identity, lived experience, bodily autonomy, vulnerability and transgression.’
– Alex Sharpe, Keele University, UK

Contributors include: L. Adler, C. Ashford, R. Auchmuty, A. Baboolal, R. Barberet, J. Cabrera, R. Collier, S. Cowan, T. Crofts, M. Duggan, P. Dunne, S. Falcetta, D. Fenwick, H. Fenwick, S. Ferris, S. Gloppen, R. Harding, R. Hewer, A. Infanti, P. Johnson, M. Judge, U. Khan, C. Kitzinger, A. Kondakov, K. Lalor, T. Liu, A. Maine, C. McGlynn, M. Moscati, T. Mundy, A. Powell, L. Rakner, F. Renz, J. Scherpe, A. Schuster, S. Schuster, N. Seuffert, B. Simpson, D. Smythe, E. Taşcıoğlu, F. Vera-Gray, M. Weait, S. Whittle, S. Wilkinson, G. Zago

Contents
Introduction to the Research Handbook on Gender, Sexuality and Law

Part I New Boundaries and Activism
1. From The Litigants’ Perspective: Wilkinson v Kitzinger and the pursuit of marriage equality in England and Wales
Celia Kitzinger and Sue Wilkinson

2. Formal recognition of adult relationships and legal gender in a comparative perspective
Jens Scherpe

3. Diplomacy, Conditionality, and Transnational LGBTI Rights
Kay Lalor

4. Legislating and Litigating Same-Sex Marriage in China
Tingting Liu and Jingshu Zhu

5. Striking Women: The Politics of Gender, Sexuality and the Law in South Africa
Melanie Judge and Dee Smythe

Part II Identity and State
6. Life at the Corner of Poverty and Sexual Abjection: Lewdness, Indecency, and LGBTQ Youth
Libby Adler

7. Same-Sex Marriage and Article 12 of the European Convention of Human Rights
Paul Johnson and Silvia Falcetta

8. LGBTI Migration and Europe
Alexander Schuster

9. Fully Recognising Dignity and Equality Values under the emergent ECHR right to a same-sex partnership: The value of offering access to formalization of relationship statuses regardless of sexual orientation
Helen Fenwick and Daniel Fenwick

10. Transgender Rights in Europe: EU and Council of Europe Movements towards Gender Identity Equality
Peter Dunne

Part III Lived Society
11. Normative Understandings: Sexual identity, Stereotypes, And Asylum Seeking
Alex Powell

12. Feminist Responses to Same-Sex Relationship Recognition
Rosemary Auchmuty

13. LGBT Rights and Tax Law: A Comparative Perspective
Anthony C. Infanti

14. LGBT Rights in Africa
Lise Rakner and Siri Gloppen

Part IV Bodily Autonomy
15. The Perfect Storm: The UK Government's Failed Consultation on the Gender Recognition Act 2004
Stephen Whittle and Fiona Simkiss

16. Becoming a Legal Proxy: The Unintended Consequences of Informed Consent in US Transgender Medicine
Stef Schuster

17. (De)regulating Trans Identities
Flora Renz

18. “That’s a bit of a minefield”: Supported Decision-Making in Intellectually Disabled People’s Intimate Lives
Rosie Harding and Ezgi Taşcıoğlu

19. Dispute Resolution, Domestic Violence and Abuse Between Lesbian Partners
Maria Moscati

Part V Violence and Vulnerability
20. The Global Femicide Problem: Issues and Prospects
Rosemary Barberet and Aneesa Baboolal

21. Law, Society and Domestic Violence: ‘Best Practice’: Methodologies for Evaluating Integrated Domestic Violence Services
Nan Seuffert and Trish Mundy

22. Gender and Hate Crime Protections
Marian Duggan

23. Feminist Mandated Reporters Question the Title IX System: When Civil Rights Programs Adopt Managerial Logics and Protect Institutional Interests
Jessica Cabrera

24. Vulnerability, Victimhood and Sex Offences
Sharon Cowan and Rebecca Hewer

Part VI Deviancy and Illicit Constructions
25. Kinky Identity and Practice in Relation to the Law
Ummni Khan

26. The legal-conceptual blurring of male sex-work and male homosexuality and the gendered, (hetero)sexist approach to sex-work
Thomas Crofts

27. Regulating Desire in Russia
Alexander Kondakov

28. Normative Behaviour, Moral Boundaries and the State
Chris Ashford, Alexander Maine and Giuseppe Zago

29. Deviancy and Illicit Constructions
Brian Simpson

Part VII Transgressive Boundaries
30. Masculinities and Families: Fragmenting Law’s ‘Family Man’
Richard Collier

31. The Healthcare Rights of People Living with HIV and AIDS
Matthew Weait

32. Regulating Pornography: Developments in Evidence, Theory and Law
Fiona Vera-Gray and Clare McGlynn

33. Defending Pornography: The Case Against Strategic Essentialism
Alex Dymock

34. Red, White, and BLACK AND BLUE: The American Criminalisation of BDSM
Stephan Ferris

Index