47
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 ...
- 39.1k
33
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 ...
- 28.1k
24
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 ...
- 7,233
18
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 ...
- 231k
18
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 ...
- 8,443
12
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.
- 220k
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 ...
- 216k
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 ...
- 114k
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 ...
- 231k
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.
- 216k
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 ...
- 35.1k
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 ...
- 39.1k
6
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' (...
- 18.2k
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 ...
- 216k
5
votes
Accepted
Is discrimination against transgender people illegal?
It is a common misunderstanding, but not everything that is illegal is a crime. So, the title question and the body text question are different and have different answers.
The title question regarding ...
- 231k
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.
- 220k
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 ...
- 4,763
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 ...
- 216k
3
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 ...
- 216k
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 ...
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 ...
- 61.6k
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 ...
- 7,455
3
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 ...
- 66.6k
3
votes
Is discrimination against transgender people illegal?
Hate crimes are criminally punishable, federally under 18 USC 249 in the case of bodily injury motivated by gender identity, and crimes motivated by gender and specifically transgender discrimination ...
- 216k
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 "...
- 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. ...
- 35.1k
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), ...
- 220k
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 ...
- 66.6k
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 ...
- 220k
Only top scored, non community-wiki answers of a minimum length are eligible