A bold and original analysis of how the complexity of legal struggles over transgender rights is shaped not only by politics but by a deeper cultural anxiety about the meaning of sex itself.
Beyond Recognition: Transgender Antidiscrimination Law, Rhetoric, and Ethical Responsibility is a timely analysis that challenges the idea of transgender antidiscrimination law as a simple matter of inclusion or exclusion. Far from treating the law as a straightforward recognition project, Laura Jane Collins employs a rhetorically responsive approach that reveals how legal systems both reflect and shape our deepest uncertainties about sex, identity, and justice.
Through close readings of Title VII case law, state-level legislation such as California’s Fair Employment and Housing Act, and legislative debates surrounding bathroom access and trans rights, Collins exposes the deep-seated anxieties driving contemporary legal debates. While courts, policymakers, and advocates struggle to construct legal protections, the very act of defining sex within the law exposes law’s limitations.
Rather than condemning the law’s failures or romanticizing its liberatory potential, Collins calls for a more self-reflective, ethically engaged response. She argues that our demand for legal clarity often conceals a broader discomfort with ambiguity—and that the law’s so-called shortcomings may in fact reflect our own refusal to confront the complexity of sex as a category and system of power.
A vital contribution to scholarship in law and rhetoric, gender studies, and critical legal theory, Beyond Recognition invites a deeper reckoning with both legal frameworks and personal responsibility. It offers a compelling perspective on the evolving landscape of transgender rights and the cultural anxieties that continue to shape it.