48 votes
Accepted

I'm a trans woman. When can I deregister from the American draft registry?

Apparently, you cannot do this at any point, unless the law changes at some time in the future: FOR INDIVIDUALS ASSIGNED MALE AT BIRTH People who were assigned male at birth are required to ...
phoog's user avatar
  • 35.1k
32 votes
Accepted

Can a trans man get an abortion in Texas where a woman can't?

Ever changing ordinary definitions do not change what the law makers meant The cited piece of law dates back to 1989. At that time, it was virtually inconceivable that "woman" could ...
Greendrake's user avatar
  • 25.5k
23 votes

Can a trans man get an abortion in Texas where a woman can't?

If we were to interpret this law as allowing some people to get an abortion but not others, it would likely be unconstitutional, as it would violate equal protection. When given a choice between ...
D M's user avatar
  • 7,112
15 votes

Is it rape to have sex with a man without disclosing that one is a male-to-female transgender person?

Not disclosing transgender identity is not a crime of any kind, not rape, not fraud, not anything else. There is really no qualification to this statement. There is pretty much no plausible scenario ...
ohwilleke's user avatar
  • 194k
14 votes
Accepted

Is it rape to have sex with a man without disclosing that one is a male-to-female transgender person?

tl;dr: It might be rape, but it depends. There is the concept of rape by deception, which might apply here. However, that concept is usually only applied under very narrow circumstances - not every ...
sleske's user avatar
  • 7,829
11 votes

Can a trans man get an abortion in Texas where a woman can't?

No Under Texas court rules, "the masculine, feminine, or neuter gender shall each include the other" - woman means man and vice-versa.
Dale M's user avatar
  • 197k
10 votes

Can a trans man get an abortion in Texas where a woman can't?

There is no general law defining "man" or "woman" in Texas law (a recent proposal to do so for school sports participation died), nor "male" / "female". The ...
user6726's user avatar
  • 209k
10 votes

Is a new Idaho law purporting to ban interstate transport of minors for gender-affirming care constitutional?

Effect of Bill First of all, if this bill (Idaho House Bill 675) is passed in the form linked in the question, section 4, which prohibits transporting a child outside the state, ONLY applies when this ...
David Siegel's user avatar
7 votes

Is a new Idaho law purporting to ban interstate transport of minors for gender-affirming care constitutional?

It is probably not constitutional, most obviously under the dormant commerce clause, and it is also quite likely pre-empted under federal civil rights laws that have been determined to include ...
ohwilleke's user avatar
  • 194k
6 votes

Can a manager kick you out for being trans in North Carolina

It is not presently illegal for a private property owner in North Carolina to impose such a requirement on restroom users.
user6726's user avatar
  • 209k
6 votes
Accepted

How does Australian law consider a marriage in which one person has subsequently transitioned?

There is a report about a male-to-female transgender woman here: http://www.abc.net.au/radionational/programs/lawreport/2017-06-27/8651398#transcript She managed to do the following: 1. While legally ...
gnasher729's user avatar
  • 32.9k
6 votes

Can a trans man get an abortion in Texas where a woman can't?

This law concerns the licensing of abortion facilities. The only crime established under this definition of abortion is a misdemeanor, and the elements of the crime are: Except as provided by ...
phoog's user avatar
  • 35.1k
5 votes

In Vermont, what determines which prison does a non-binary person goes to?

This document answers the question for Vermont. The question "which prison" is not particularly relevant, what matter is "what policies are followed". The DOC defines a reasonably ...
user6726's user avatar
  • 209k
5 votes

Is it rape for a trans-male to lie to a woman that he is a cis-male and have sex with her

england-and-wales In English law it can't be 'rape' because that requires a penis (section 1 Sexual Offences Act 2003). However, the behaviour might amount to the offence of 'assault by penetration' (...
Lag's user avatar
  • 14.6k
4 votes

How does Australian law consider a marriage in which one person has subsequently transitioned?

The current state of the law in NSW is that a person who is currently married cannot legally change their gender. See this ABC Law Report programme.
Dale M's user avatar
  • 197k
4 votes

Can a trans man get an abortion in Texas where a woman can't?

A person's biological sex is different than their chosen gender. Reference this article for a more complete understanding: https://www.medicalnewstoday.com/articles/232363 Since it may be fairly ...
Michael Hall's user avatar
  • 3,591
3 votes

Can adult detransitioners who underwent treatment when they were minors, bring a class action lawsuit and against whom?

Informed consent is required for a surgical procedure. "Informed" includes having knowledge of the risks. The relevant legal question would be whether the doctor in question did adequately ...
user6726's user avatar
  • 209k
3 votes

I'm a trans woman. When can I deregister from the American draft registry?

You can't, but fortunately for you gender dysphoria is once again a disqualifying condition for induction into the US military. Should there ever be a draft your local draft board would classify you ...
Evan Courtney's user avatar
3 votes
Accepted

Is there a definition of "biological sex" in U.S. law?

I did a lot of digging through case law and statutes, but I don't see a definition for "biological sex" anywhere in federal law, though after looking through those cases, it seems pretty clear that ...
bdb484's user avatar
  • 57.1k
3 votes

What are non-physiological aspects of sex?

The cited provision is: A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the ...
alexg's user avatar
  • 4,651
2 votes

Do any UK laws dictate how a person's title shall be determined on their passport?

Although not directly relevant to the thrust of the question about titles in the context of gender, my passport does include my title (Dr) on the official observations page and states that I am "...
Landak's user avatar
  • 98
2 votes
Accepted

Dual citizenship and different legal gender?

Your wife wants Swedish citizenship with female gender. Having "female gender" will be much much more important than having the same gender in two passports. Most countries want to see one passport. ...
gnasher729's user avatar
  • 32.9k
2 votes

LHBTI+ rights and swimwear

new-south-wales Your assumption that males can and females can’t is invalid The law has not been decided. The law on obscene exposure is found in Section 5 of the Summary Offences Act 1988 (NSW), ...
Dale M's user avatar
  • 197k
2 votes

Is it legal for a US minor to take puberty blockers /for a doctor to prescribe puberty blockers to a minor without their parents knowledge or consent?

In the US, the answer is complicated. First, puberty blockers are approved by the FDA, but only as a treatment for precocious puberty. There is an off-label use for transgender people, which has been ...
user6726's user avatar
  • 209k
2 votes

Before being overturned, did Roe v Wade grant pregnant men the right to have abortions, in addition to pregnant women?

Roe and Casey refer to the category "pregnant woman." But in many places, the reasons talk only about a "person" and the interests that underpin the reasoning would clearly apply ...
Jen's user avatar
  • 42.8k
2 votes

Is it rape for a trans-male to lie to a woman that he is a cis-male and have sex with her

canada The elements of sexual assault To prove an offence, the Crown (prosecution) must establish both the actus reus and mens rea of the offence. The actus reus of sexual assault is that: there is ...
Jen's user avatar
  • 42.8k
2 votes

Is it rape for a trans-male to lie to a woman that he is a cis-male and have sex with her

Sexual assault new-south-wales The crime of rape has been abolished, but what you describe might be sexual assault under s61I of the Cimes Act 1900: Any person who has sexual intercourse with another ...
Dale M's user avatar
  • 197k
2 votes

Is it rape for a trans-male to lie to a woman that he is a cis-male and have sex with her

brazil It is a crime, but which one depends on the amount of influence the victim was under. If the victim was heavily incapacitated, then this will probably be considered estupro de vulnerável ("...
sourcream's user avatar
  • 227
1 vote

Change name and gender in Switzerland as a non-Swiss citizen

switzerland You may change your civil status information as recorded by Switzerland as long as you are domiciled in Switzerland and your information is recorded in the Swiss civil status database. ...
xngtng's user avatar
  • 5,796

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