Event Title

Gender Identity, Scrutiny, and Gender Discrimination Cases in the American Legal System

Faculty Mentor

Michael Lipscomb, Ph.D.

College

College of Arts and Sciences

Department

Department of Political Science

Location

DIGS 221

Start Date

20-4-2018 4:00 PM

Description

My research is motivated by an attempt to establish a men’s rape and defense class at Winthrop University with the support of Title IX federal law. I was immediately confronted with issues of practicality: the police department conducting these classes for women only could not afford to train their instructors in a men’s rape and defense program. In addition, although we were able to get a petition signed by students on campus (at least thirty men willing to take these classes if they were established), no one signed up for the first offering of the class, and the program was eventually stopped. I began to question how the university police would have confronted a non-traditional gender identity, especially when their basis for separating people into two classes was biologically/sex-driven. Because these gender identities seem to lack certain legal protections, I will be examining gender identity within the American legal system. In particular, my research aims to explore whether strict scrutiny in discrimination cases related to gender identity can be defended theoretically. The foundation of my research is based on the current lack of legal protection afforded to non-binary gender identities at both the federal and state levels and the threat and injury posed to those individuals by discrimination. I conclude by asserting that people with non-traditional/non-binary gender identities occupy a space outside of the narrow legal categories of gender identity, leading to a call for at least a minimal amount of scrutiny for gender identity in these cases.

Course Assignment

PLSC 553 – Lipscomb

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Apr 20th, 4:00 PM

Gender Identity, Scrutiny, and Gender Discrimination Cases in the American Legal System

DIGS 221

My research is motivated by an attempt to establish a men’s rape and defense class at Winthrop University with the support of Title IX federal law. I was immediately confronted with issues of practicality: the police department conducting these classes for women only could not afford to train their instructors in a men’s rape and defense program. In addition, although we were able to get a petition signed by students on campus (at least thirty men willing to take these classes if they were established), no one signed up for the first offering of the class, and the program was eventually stopped. I began to question how the university police would have confronted a non-traditional gender identity, especially when their basis for separating people into two classes was biologically/sex-driven. Because these gender identities seem to lack certain legal protections, I will be examining gender identity within the American legal system. In particular, my research aims to explore whether strict scrutiny in discrimination cases related to gender identity can be defended theoretically. The foundation of my research is based on the current lack of legal protection afforded to non-binary gender identities at both the federal and state levels and the threat and injury posed to those individuals by discrimination. I conclude by asserting that people with non-traditional/non-binary gender identities occupy a space outside of the narrow legal categories of gender identity, leading to a call for at least a minimal amount of scrutiny for gender identity in these cases.