Shelly and gender?
SLevinson at MAIL.LAW.UTEXAS.EDU
Thu Nov 2 17:03:15 PST 2000
I am curious how Larry would apply his analysis with regard to sex/gender.
Are these categories sufficiently more solid, ontologically, than the
categories of race or religion? Imagine a covenant saying that the
property can be sold only to a male (or female: it really doesn't matter).
A transexual male wants to buy the property, and I, as the original
seller, sue, claiming that he isn't "really" male, is, indeed, "really"
female because of possessing XX rather than XY chromosomes. Or, to pick up
an earlier example, I am throwing a stag birthday party, and I call on the
cops to arrest "the women who are trespassing." What precisely is the
difference re state action between the cops trying to figure out who are
African-Americans or Jews and trying to figure out who are women, save that
the socially-constructed conventional wisdom as to the latter seems more
compelling to most (though obviously not all) Americans than with regard to
the former? (I recall a recent episode of Sex in the City, in which the
party attendants included transvestites and transexuals, among others, not
to mention what Mary Ann Case might identify as "effeminate males" or
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