Transsexuals and European human rights law

Sexual identity is a legal status, and as such it is as much dependent on public policy as on self-identification. However, because this status can be crucial to one's role in society, a conflict between the legal status and an individual's perceptions or aspirations creates a dilemma if society is committed to individual freedom. This difficulty can become particularly acute where it is technically possible for an individual to alter some of the factors used socially or legally to determine sexual identity. This paper analyses these difficulties, both from the situation of endocrine disorder and with respect to gender identity. It argues that this distinction in approach may not be a valid basis for different legal treatment. It considers four major issues: the stage at which a change of gender should be recognised; any preconditions to which a legal change of gender should be made subject; whether legal recognition should be made for all purposes or only for specific areas of the law; and the confidentiality of a person's previous sexual identity. The paper particularly analyses the law in the United Kingdom and then considers other jurisdictions before focusing on the treatment of transsexuals under the European Convention on Human Rights.     

Sexual orientation identification of men who have sex with men in public settings in Canada

The present study attempts to determine how men who have sex with men (MSM) identify in terms of their sexual orientation. The sexual identity of MSM has important implications for the spread of HIV. The literature suggests that gay or bisexual identifying MSM are more likely to practice safer sex than heterosexually-identified MSM. A significant number of the MSM in public settings, such as parks, are believed to be heterosexual identifying. MSM in bathhouses are presumed to be gay or bisexual identifying. Parks have been the focus of safer sex outreach efforts targeted towards heterosexually-identified MSM. Sexual orientation self-identification was ascertained from park and bathhouse users via one-on-one interactions with outreach workers from 1996 to 1998. Chi-square analysis revealed no significant difference in the expressed sexual orientation of bath and park users, with both populations consisting mostly of gay-identified men. Heterosexually-identified MSM are not found in significant numbers in public settings. The current micro educational approach used to target these men may not be cost-effective. Alternative strategies are discussed.     

Components of sexual identity

This paper examines the four components of sexual identity: biological sex, gender identity, social sex-role, and sexual orientation. Theories about the development of each component and how they combine and conflict to form the individual's sexual identity are discussed. As defined here, social sex-role includes the individual's femininity and masculinity. Sexual orientation includes the individual's physical and affectional sexual preferences for relationships with members of the same and/or opposite biological sex. This paper may help to clarify meanings of the following terms used in research on sexual identity; sex, gender, femininity, masculinity, heterosexuality, and homosexuality.     

Perceptions of Same-Sex Relationships and Marriage as Gender Role Violations: An Examination of Gendered Expectations (Sexism)

The current study sought to add to the literature that has demonstrated a link between sexism and sexual prejudice. The study evaluated whether a community sample with an age range of 19–64 (n = 122), including 32% sexual minority participants, believe that dating, sex, and marriage with same-sex partners are perceived to be gender role violations. Results varied by participant sexual/gender identity (LGBTQ or heterosexual) and political ideology. Liberal LGBTQ persons do not see same-sex relationships as gender role violations; LGBTQ non-liberals and heterosexual liberals rated same-sex relationships as mild violations; and non-liberal heterosexuals perceive same-sex relationships as “moderate” violations. Our results suggest both positive movement in attitudes toward same-sex relationships, including same-sex marriage, and broader recognition that gender identity, gender role expression, and sexual orientation are separate and distinct components of one’s overall sexual identity.     

The Birth of Modern Criminology and Gendered Constructions of Homosexual Criminal Identity

There is a dearth of engagement with LGBTQ populations, and sexual orientation and gender identity more broadly, in the field of criminology. This article analyzes the treatment of sexual orientation and gender identity at the birth of the discipline around the 1870s. Through an analysis of Cesare Lombroso’s writings, the article argues that a multifaceted stigma of deviance attached to homosexuality and gender nonconformity in early criminological theory. The article explains this multifaceted stigma in terms of broader political, social, cultural, and legal developments before and during the late nineteenth century that shaped modern Western conceptions of sexual orientation and gender identity.     

Transgender youth: invisible and vulnerable

This study used three focus groups to explore factors that affect the experiences of youth (ages 15 to 21) who identify as transgender. The focus groups were designed to probe transgender youths' experiences of vulnerability in the areas of health and mental health. This involved their exposure to risks, discrimination, marginalization, and their access to supportive resources. Three themes emerged from an analysis of the groups' conversations. The themes centered on gender identity and gender presentation, sexuality and sexual orientation, and vulnerability and health issues. Most youth reported feeling they were transgender at puberty, and they experienced negative reactions to their gender atypical behaviors, as well as confusion between their gender identity and sexual orientation. Youth noted four problems related to their vulnerability in health-related areas: the lack of safe environments, poor access to physical health services, inadequate resources to address their mental health concerns, and a lack of continuity of caregiving by their families and communities.     

Labeling Same-Sex Sexuality in a Tolerant Society That Values Normality: The Dutch Case

Studies have pointed to a trend in Western societies toward the normalization of homosexuality and emerging “post-gayness” among young people, who no longer consider their sexual identity meaningful in defining themselves. This article takes a closer look at the Dutch case where tolerance is regarded as a national virtue, while society remains heteronormative. In 38 interviews with Dutch same-sex-attracted young people, we investigated the labels they used to describe their sexual orientation to reveal what they can tell us about normalization, tolerance, and heteronormativity. In their labeling strategies, participants de-emphasized their sexual identity, othered, and reinforced the hetero/homo binary. They preferred labels without connotations to gender expression. While post-gay rhetoric was ideologically appealing, its use was not an outcome of their sexual orientation having become insignificant; it rather enabled them to produce normality. We discuss the findings against the backdrop of “Dutch tolerance,” which rests on an ideology of normality.     

How LGBT College Students Perceive and Engage the Campus Religious and Spiritual Climate

The purpose of this study was to compare how students of diverse sexual orientations and gender identities perceive the campus religious and spiritual climate and engage in interfaith and spiritual activities during college. Using data from a national study of 13,776 students at 52 institutions that took part in the Campus Religious and Spiritual Climate Survey, results indicate significant variations in perceptions and engagement by sexual orientation and gender identity. In addition, worldview identity shapes the relationships between sexual orientation and gender identity and perceptions of and engagement on campus.     

Intergroup dialogue courses on sexual orientation: lesbian, gay and bisexual student experiences and outcomes

Intergroup dialogue is a method of social justice education. Most intergroup dialogue research explores race and gender identities. Sexual orientation dialogues are uncommon and not yet examined empirically. This qualitative study explores sexual orientation dialogue courses from the perspective of lesbian, gay, and bisexual (LGB) student participants. Understanding target, or marginalized, group perspective of planned intergroup experiences is important given concerns raised in the literature. We document student motivations for participating in dialogues, core outcomes, and main challenges that arose in dialogue. Core outcomes include learning about and accepting one's sexual identity and empowerment. Challenges include those stemming from invisibility of sexual orientation identity. Recommendations are made for intergroup dialogue practice and research.     

Intergroup Dialogue Courses on Sexual Orientation: Lesbian,Gay and Bisexual Student Experiences and Outcomes

Intergroup dialogue is a method of social justice education. Most intergroup dialogue research explores race and gender identities. Sexual orientation dialogues are uncommon and not yet examined empirically. This qualitative study explores sexual orientation dialogue courses from the perspective of lesbian, gay, and bisexual (LGB) student participants. Understanding target, or marginalized, group perspective of planned intergroup experiences is important given concerns raised in the literature. We document student motivations for participating in dialogues, core outcomes, and main challenges that arose in dialogue. Core outcomes include learning about and accepting one's sexual identity and empowerment. Challenges include those stemming from invisibility of sexual orientation identity. Recommendations are made for intergroup dialogue practice and research.     

Perceptions of Campus Climate by Sexual Minorities

Previous research has indicated that students who identify as lesbian, gay, bisexual, or transgender (LGBT) often have negative experiences on university campuses due to their sexual orientation or gender identity. Direct and indirect experiences contribute to an overall perception of the campus climate. This study used an online survey to assess students' perceptions of campus climate, their experiences confronting bias, support of family members and friends, and whether they had considered leaving campus. Multiple regression analysis indicated that perceptions of poorer campus climate were predicted by greater unfair treatment by instructors, more impact from anti-lesbian, gay, bisexual, transgender, or queer (LGBTQ) bias on friends’ and families’ emotional support, and having hidden one's LGBT identity from other students. Cluster analyses revealed four groups of participants distinguished by openness about their sexual orientation and negative experiences, with one group appearing to be at risk for poor retention. Results are discussed in terms of the needs of LGBTQ students on campus.     

Thoughts on the nature of identity: how disorders of sex development inform clinical research about gender identity disorders

Disorders of sex development (DSD), like gender dysphoria, are conditions with major effects on child sexuality and identity, as well as sexual orientation. Each may in some cases lead to change of gender from that assigned neonatally. These similarities-and the conditions' differences-provide a context for reviewing the articles in this issue about clinical approaches to children with gender dysphoria, in relation to assessment, intervention, and ethics.     

Gender Role Violations and the Sexual Double Standard

ABSTRACT

The sexual double standard (SDS) suggests that women are evaluated negatively and men positively for engaging in similar sexual behaviors. According to social role theory, the SDS exists due to gender role structures. Consequently, perceived violations of women’s sexual behavior are associated with the SDS. In addition to gender role violations of sexual behavior, two additional violations of gender roles exist: heterosexual sexual orientation norms and gender role characteristics. The current study aims to investigate whether the SDS persists for sexual orientation–violating and gender role characteristic–violating targets, and to examine which of the three gender role violations influence evaluations of others’ sexual behavior. A U.S. sample of 483 participants evaluated target individuals who were either female or male, heterosexual/gay man or lesbian, feminine or masculine, and had 1 or 12 sexual partners. Results indicate that SDS persists for gender role–violating targets but is exhibited differently for targets violating heterosexual sexual orientation norms and gender role characteristics.     

Persecution Experiences and Mental Health of LGBT Asylum Seekers

Asylum seekers are a unique population, particularly those who have endured persecution for their sexual orientation or gender identity. Little data exist about the specific experiences and needs of asylum seekers persecuted due to lesbian, gay, bisexual, or transgender (LGBT) identity. Quantitative data were gathered regarding demographics, persecution histories, and mental health of 61 clients from a torture survivors program in New York City who reported persecution due to LGBT identity. Thirty-five clients persecuted due to their LGBT identity were matched by country of origin and sex with clients persecuted for other reasons to explore how persecution and symptoms may differ for LGBT clients. LGBT asylum seekers have a higher incidence of sexual violence, persecution occurring during childhood, persecution by family members, and suicidal ideation. Understanding the type of persecution experiences and how these influence mental health outcomes is an essential step toward designing and delivering effective treatments.     

Quantifying Sexual Orientation Among Homeless and Unstably Housed Women in a Longitudinal Study: Identity,Behavior, and Fluctuations Over a Three-Year Period

ABSTRACT

Sexual orientation has been linked to certain health conditions, and yet quantifying sexual orientation in longitudinal studies is challenging. This study examined different methods of accounting for sexual orientation in a cohort study of 300 homeless and unstably housed women followed every 6 months over 3 years. Altogether, 39.7% (n = 119) could be considered sexual minority at one or more time points based on identity and/or behavior; 16.3% (n = 49) reported shifts in sexual identity. Only 24.0% (n = 72) were identified as sexual minority through a single measure of sexual identity, 27.0% (n = 81) were identified with a single measure of identity and behavior, 33.0% (n = 99) were identified through annual measures of identity and behavior, and 22.0%–22.3% (n = 66–67) were identified through latent class analysis including all identity/behavior measures. This study found that sexual fluidity is common in unstably housed women, and many sexual minority women would be missed in longitudinal studies with different methods of accounting for sexual orientation.     

Women's Sexual Identity Patterns: Differences Among Lesbians,Bisexuals, and Unlabeled Women

To better understand women with same-sex attractions who do not identify as lesbian or bisexual (i.e., unlabeled women), we examined differences and similarities among self-designated lesbian, bisexual, and unlabeled women. Two hundred eight non-heterosexual women ranging in age from 18 to 69 years (85% identified as White) completed an online survey examining indicators of sexual orientation and beliefs and self-perceptions associated with sexual identity. Compared to lesbians, unlabeled women reported the weakest collective sexual identities and, along with bisexuals, they were less likely to view sexual orientation as fixed, being more focused on the “person, not the gender.” Unlabeled women reported the greatest likelihood that their sexual identity would change in the future. These findings highlight the complexity of women's sexual identities and question the adequacy of categorical approaches.     

The relationship of assumption and knowledge of the homosexual orientation to the abridgment of civil liberties

This article is concerned with the relationship of assumption or knowledge of departure from the heterosexual orientation to the abridgment of civil liberties. The methodology for obtaining data on sexual orientation is described. The definitions for assumption and knowledge of sexual orientation is described. The definitions for assumption and knowledge of sexual orientation are provided. The results indicated that: (a) the most frequently violated civil liberties were equality and procedural due process; (b) there was more assumption than knowledge of sexual orientation; (c) patterns of violations of civil liberties were similar whether sexual orientation was known or assumed; and (d) there was much more use of avoidance than any other mode of resolution, both when the sexual orientation was known and when it was assumed.     

On the Varying Meaning of “Open and Affirming”

Some religious denominations offer programs where member congregations can signal their acceptance of all gender identities and sexual orientations. The United Church of Christ (UCC) created one of the earliest of such programs in the mid-1980s by which congregations can adopt an “Open and Affirming” identity. However, there has been little research examining this program and how it has evolved over time. Research suggests that organizational innovations like the Open and Affirming program often become institutionalized over time, leading to changes in how the program is expressed or conducted. We examine Open and Affirming (ONA) congregations in the UCC to see if the manner in which they express their ONA identity depends on when they adopted the identity. We find that early adopters of such programs are more likely than later adopters to focus on sexual orientation. While this could be seen as a troubling pattern, we argue that it could represent greater awareness of the Open and Affirming program's meaning, which has allowed for greater flexibility in its expression.     

On the varying meaning of "open and affirming"

Some religious denominations offer programs where member congregations can signal their acceptance of all gender identities and sexual orientations. The United Church of Christ (UCC) created one of the earliest of such programs in the mid-1980s by which congregations can adopt an "Open and Affirming" identity. However, there has been little research examining this program and how it has evolved over time. Research suggests that organizational innovations like the Open and Affirming program often become institutionalized over time, leading to changes in how the program is expressed or conducted. We examine Open and Affirming (ONA) congregations in the UCC to see if the manner in which they express their ONA identity depends on when they adopted the identity. We find that early adopters of such programs are more likely than later adopters to focus on sexual orientation. While this could be seen as a troubling pattern, we argue that it could represent greater awareness of the Open and Affirming program's meaning, which has allowed for greater flexibility in its expression.     

From Navigation to Negotiation: An Examination of the Lived Experiences of Black Gay Male Alumni of Historically Black Colleges and Universities

This research presents an examination of Black gay men and their lived experiences while undergraduates at historically Black colleges and universities (HBCUs). Based on 10 in-depth interviews with self-identified Black gay men, the author presents four emergent themes, which reveal the complex ways in which Black gay men navigate and negotiate the intersections of their multiple identities as related to race, sexual orientation, and gender at HBCUs. The findings of this research have implications for larger discussions of community, Black masculinity, and gay identity in predominantly Black and non-Black contexts.