‘'Sex Changes'? Paradigm Shifts in ‘Sex’ and ‘Gender’ following the Gender Recognition Act?’

Abstract

Gender transformations are normatively understood as somatic, based on surgical reassignment, where the sexed body is aligned with the gender identity of the individual through genital surgery – hence the common lexicon ‘sex change surgery’. We suggest that the UK Gender Recognition Act 2004 challenges what constitutes a ‘sex change’ through the Act's definitions and also the conditions within which legal ‘recognition’ is permitted. The sex/gender distinction, (where sex normatively refers to the sexed body, and gender, to social identity) is demobilised both literally and legally. This paper discusses the history of medico-socio-legal definitions of sex have been developed through decision making processes when courts have been faced with people with gender variance and, in particular, the implications of the Gender Recognition Act for our contemporary legal understanding of sex. We ask, and attempt to answer, has ‘sex’ changed?