The Queer Outside in Law: Recognising LGBTIQ People in the United Kingdom
3030488292, 9783030488291
This book contributes to current debates about “queer outsides” and “queer outsiders” that emerge from tensions in legal
326
43
3MB
English
Pages 277
[281]
Year 2021
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Table of contents :
Acknowledgements
Contents
Notes on Contributors
Queering Outside the (Legal) Box: LGBTIQ People in the United Kingdom
1 Introduction
2 Framing Queer(ness)
3 Stretching Law
4 Queer Insiders and/or Queer Outsiders
5 Collection Overview
References
Colonising, Protecting, and Punishing Queer Outsiders in Law
Queer Legacies of Colonialism
1 Introduction
2 Temporalities of Coloniality and Law
3 The House of Commons and Global LGBT Rights: Spatio-Temporal Legacies of Empire
4 Progress and Paradoxes of the Tale of Two Worlds
5 Queer Production of Camaraderie and Kinship
6 Exposing Queer Paradoxes Within Legal Institutions
7 Conclusion
References
Death Zones, Comfort Zones: Queering the Refugee Question
1 Introduction
2 Sexuality-Based Asylum and Decriminalisation of Same-Sex Activity
3 Comfort Zones and Death Zones
4 First Rupture: The Problem with Mapping
4.1 Anti-Queer Knowing
4.2 Failures of Geopolitical Logics
5 Second Rupture: The Problem with Human Rights
5.1 The Recurring Problem of “Culture”
5.2 The Spectre of Colonialism
6 Conclusion: The Refugee Project Reconsidered
References
The DSSH Model and the Voice of the Silenced: Aderonke Apata—The Queer Refugee: “I Am a Lesbian”
1 Introduction
2 The DSSH Model
3 The Queer Refugee (Queer Outside Law) and the Queer Refugee (Queer Inside Law)
4 The History of the Apata Case
5 The Queer Outside Law
6 The Queer Inside UK Law—The Fresh Claim and the DSSH Model
6.1 Difference
6.2 Stigma
6.3 Shame
6.4 Harm
7 Where Next for the Queer Refugee?
References
Mapping the Manifestations of Exclusion: Challenging the Incarceration of Queer People
1 Introduction
2 Queer Prisoners: Vulnerable and Threatening
3 Varieties of Exclusion
3.1 Gender Recognition: The Systemic Exclusions of Transgender Identities
3.1.1 Permitting Prison Transfer: Lighting the Touch Paper for Inclusive Reform?
3.1.2 Prison Service Policies: A Transformative Approach Towards Transgender Prisoners?
3.2 Isolation of Visible and Vulnerable Queer Prisoners
3.3 Separation and Relationship Recognition
3.3.1 Inter-prison Visits and the Quality of Family Life
3.3.2 Separating Prisoners from Their Partners
4 Conclusion
References
Queering the Outsides of Legal Gender and Sex
Genders that Don’t Matter: Non-Binary People and the Gender Recognition Act 2004
1 Introduction
2 Reforming the Gender Recognition Act 2004
3 Moving Beyond Two Categories in Other Jurisdictions
3.1 Australia
3.2 Germany
4 Conclusion
References
Queering the Queer/Non-Queer Binary: Problematising the “I” in LGBTI+
1 Introduction
2 Methodology
3 Intersex People Are Queer
4 Intersex People Are Not Queer: Individuals
5 Intersex People Are Not Queer: Activism
6 Conclusion
References
The Best Place on the Planet to Be Trans? Transgender Equality and Legal Consciousness in Scotland
1 Introduction
2 Theoretical Framework
2.1 Legal Consciousness
2.2 Feminist and Queer Research Approaches
3 Methods and Ethical Choices
3.1 Terminology
3.2 Sampling
3.3 Narrative Interviewing and Analysis
4 Equality for All? Transgender People’s Experiences and Responses to Law
4.1 Equality
4.2 Before the Law, Against the Law and Optimistic Legal Realism
4.3 With the Law
5 Scotland: The Best Place on the Planet to Be Trans?
6 Conclusion
References
Coming Inside and/or Playing Outside: The (Legal) Futures of LGBTIQ Rights in the United Kingdom
1 Introduction
2 Case Study I. Defining Identity: Autonomy, Control and the Gender Recognition Act 2004
3 Case Study II. Intersex in the United Kingdom: Invisibility, Bodily Integrity and Owning How You Come “Inside”
4 Case Study III. Que(e)rying the Hostile Environment of Asylum
5 Case Study IV. The Queer Politics of LGBT Education
6 Confronting Queer Outside(r)s
References
Index