BiblioVault - Books about Sex discrimination

Beyond Recognition

Transgender Antidiscrimination Law, Rhetoric, and Ethical Responsibility

Collins, Laura Jane

University of Alabama Press, 2026

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.

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Beyond the Gender Gap in Japan

Gill Steel, Editor

University of Michigan Press, 2019

Why do Japanese women enjoy a high sense of well-being in a context of high inequality? Beyond the Gender Gap in Japan brings together researchers from across the social sciences to investigate this question. The authors analyze women’s values and the lived experiences at home, in the family, at work, in their leisure time, as volunteers, and in politics and policy-making. Their research shows that the state and firms have blurred “the public” and “the private” in postwar Japan, constraining individuals’ lives, and reveals the uneven pace of change in women’s representation in politics. Yet, despite these constraints, the increasing diversification in how people live and how they manage their lives demonstrates that some people are crafting a variety of individual solutions to structural problems. Covering a significant breadth of material, the book presents comprehensive findings that use a variety of research methods—public opinion surveys, in-depth interviews, a life history, and participant observation—and, in doing so, look beyond Japan’s perennially low rankings in gender equality indices to demonstrate the diversity underneath, questioning some of the stereotypical assumptions about women in Japan.

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Gender Justice

David Kirp, Mark Yudof, and Marlene Franks Strong

University of Chicago Press, 1985

Tracing the way various public policies have evolved, David L. Kirp, Mark G. Yudof, and Marlene Strong Franks find that the profusion of legislation and court decisions masks an uncertain and problematic sense of what gender-based justice means. They show that even policies not ostensibly concerned with gender—from tax codes to health benefits—have a significant effect on sexual equality. They argue that whether or not it intends to do so, our government is setting gender policies. Pointing out that individual autonomy is the essential component of a just society, they endorse a policy that encourages choice rather than one that promotes particular outcomes.

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Gendered Asylum

Race and Violence in U.S. Law and Politics

Sara L. McKinnon

University of Illinois Press, 2016

Women filing gender-based asylum claims long faced skepticism and outright rejection within the United States immigration system. Despite erratic progress, the United States still fails to recognize gender as an established category for experiencing persecution. Gender exists in a sort of limbo segregated from other aspects of identity and experience.

Sara L. McKinnon exposes racialized rhetorics of violence in politics and charts the development of gender as a category in American asylum law. Starting with the late 1980s, when gender-based requests first emerged in case law, McKinnon analyzes gender- and sexuality-related cases against the backdrop of national and transnational politics. Her focus falls on cases as diverse as Guatemalan and Salvadoran women sexually abused during the Dirty Wars and transgender asylum seekers from around the world fleeing brutally violent situations. She reviews the claims, evidence, testimony, and message strategies that unfolded in these legal arguments and decisions, and illuminates how legal decisions turned gender into a political construct vulnerable to American national and global interests. She also explores myriad related aspects of the process, including how subjects are racialized and the effects of that racialization, and the consequences of policies that position gender as a signifier for women via normative assumptions about sex and heterosexuality.

Wide-ranging and rich with human detail, Gendered Asylum uses feminist, immigration, and legal studies to engage one of the hotly debated issues of our time.

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Ladies and Gents

Public Toilets and Gender

edited by Olga Gershenson and Barbara Penner, foreword by Judith Plaskow, afterword by Peter Greenaway

Temple University Press, 2009

Public toilets provide a unique opportunity for interrogating how conventional assumptions about the body, sexuality, privacy, and technology are formed in public spaces and inscribed through design across cultures. This collection of original essays from international scholars is the first to explore the cultural meanings, histories, and ideologies of public toilets as gendered spaces.

Ladies and Gents consists of two sets of essays. The first, "Potty Politics: Toilets, Gender and Identity," establishes the importance of accessible, secure public toilets to the creation of inclusive cities, work, and learning environments. The second set of essays, "Toilet Art: Design and Cultural Representations," discusses public toilets as spaces of representation and representational spaces, with reference to architectural design, humor, film, theater, art, and popular culture. Compelling visual materials and original artwork are included throughout, depicting subjects as varied as female urinals, art installations sited in public restrooms, and the toilet in contemporary art.

Taken together, these seventeen essays demonstrate that public toilets are often sites where gendered bodies compete for resources and recognition—and the stakes are high.

Contributors include: Nathan Abrams, Jami L. Anderson, Johan Andersson, Kathryn H. Anthony, Kathy Battista, Andrew Brown-May, Ben Campkin, Meghan Dufresne, Peg Fraser, Deborah Gans, Clara Greed, Robin Lydenberg, Claudia Mitchell, Alison Moore, Frances Pheasant-Kelly, Bushra Rehman, Alex Schweder, Naomi Stead, and the editors.

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Pakistan Desires

Queer Futures Elsewhere

Omar Kasmani, editor

Duke University Press, 2023

Drawing on history, anthropology, literature, law, art, film, and performance studies, the contributors to Pakistan Desires invite reflection on what meanings adhere to queerness in Pakistan. They illustrate how amid conditions of straightness, desire can serve as a mode of queer future-making. Among other topics, the contributors analyze gender transgressive performances in Pakistani film, piety in the transgender rights movement, the use of Grindr among men, the exploration of homoerotic subject matter in contemporary Pakistani artist Anwar Saeed's work, and the story of a sixteenth-century Sufi saint who fell in love with a Brahmin boy. From Kashmir to the 1947 Partition to the resonances of South Asian gay subjectivity in the diaspora, the contributors attend to narrative and epistemological possibilities for queer lives and loves. By embracing forms of desire elsewhere, ones that cannot correlate to or often fall outside dominant Western theorizations of queerness, this volume gathers other ways of being queer in the world.

Contributors. Ahmed Afzal, Asad Alvi, Anjali Arondekar, Vanja Hamzić, Omar Kasmani, Pasha M. Khan, Gwendolyn S. Kirk, Syeda Momina Masood, Nida Mehboob, Claire Pamment, Geeta Patel, Nael Quraishi, Abdullah Qureshi, Shayan Rajani, Jeffrey A. Redding, Gayatri Reddy, Syma Tariq

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Pervasive Prejudice?

Unconventional Evidence of Race and Gender Discrimination

Ian Ayres

University of Chicago Press, 2001

If you're a woman and you shop for a new car, will you really get the best deal? If you're a man, will you fare better? If you're a black man waiting to receive an organ transplant, will you have to wait longer than a white man?

In Pervasive Prejudice? Ian Ayres confronts these questions and more. In a series of important studies he finds overwhelming evidence that in a variety of markets—retail car sales, bail bonding, kidney transplantation, and FCC licensing—blacks and females are consistently at a disadvantage. For example, when Ayres sent out agents of different races and genders posing as potential buyers to more than 200 car dealerships in Chicago, he found that dealers regularly charged blacks and women more than they charged white men. Other tests revealed that it is commonly more difficult for blacks than whites to receive a kidney transplant because of federal regulations. Moreover, Ayres found that minority male defendants are frequently required to post higher bail bonds than their Caucasian counterparts.

Traditional economic theory predicts that free markets should drive out discrimination, but Ayres's startling findings challenge that position. Along with empirical research, Ayres offers game—theoretic and other economic methodologies to show how prejudice can enter the bargaining process even when participants are supposedly acting as rational economic agents. He also responds to critics of his previously published studies included here. These studies suggest that race and gender discrimination is neither a thing of the past nor merely limited to the handful of markets that have been the traditional focus of civil rights laws.

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Sex, Skulls, and Citizens

Gender and Racial Science in Argentina (1860-1910)

Ashley Elizabeth Kerr

Vanderbilt University Press

PROSE Awards Subject Category Finalist—Biological Anthropology, Ancient History, and Archaeology, 2021
Best Nineteenth-Century Book Award, Latin American Studies Association Nineteenth-Century Section, 2021

Analyzing a wide variety of late-nineteenth-century sources, Sex, Skulls, and Citizens argues that Argentine scientific projects of the era were not just racial encounters, but were also conditioned by sexual relationships in all their messy, physical reality.

The writers studied here (an eclectic group of scientists, anthropologists, and novelists, including Estanislao Zeballos, Lucio and Eduarda Mansilla, Ramón Lista, and Florence Dixie) reflect on Indigenous sexual practices, analyze the advisability and effects of interracial sex, and use the language of desire to narrate encounters with Indigenous peoples as they try to scientifically pinpoint Argentina's racial identity and future potential.

Kerr's reach extends into history of science, literary studies, and history of anthropology, illuminating a scholarly time and place in which the lines betwixt were much blurrier, if they existed at all.

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Wives Not Slaves

Patriarchy and Modernity in the Age of Revolutions

Kirsten Sword

University of Chicago Press, 2021

Wives not Slaves begins with the story of John and Eunice Davis, a colonial American couple who, in 1762, advertised their marital difficulties in the New Hampshire Gazette—a more common practice for the time and place than contemporary readers might think. John Davis began the exchange after Eunice left him, with a notice resembling the ads about runaway slaves and servants that were a common feature of eighteenth-century newspapers. John warned neighbors against “entertaining her or harbouring her. . . or giving her credit.” Eunice defiantly replied, “If I am your wife, I am not your slave.” With this pointed but problematic analogy, Eunice connected her individual challenge to her husband’s authority with the broader critiques of patriarchal power found in the politics, religion, and literature of the British Atlantic world.

Kirsten Sword’s richly researched history reconstructs the stories of wives who fled their husbands between the mid-seventeenth and early nineteenth centuries, comparing their plight with that of other runaway dependents. Wives not Slaves explores the links between local justice, the emerging press, and transatlantic political debates about marriage, slavery and imperial power. Sword traces the relationship between the distress of ordinary households, domestic unrest, and political unrest, shedding new light on the social changes imagined by eighteenth-century revolutionaries, and on the politics that determined which patriarchal forms and customs the new American nation would—and would not—abolish.

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