Pathologizing gender identity: An analysis of Spanish law and the regulation of gender recognition

Despite recent worldwide legal advances in the protection of LGBT (lesbian, gay, bisexual, and transgender) rights, legal systems continue to take the categories of ‘male’ and ‘female’ to be based on a fixed and permanent natural order. Taking the current Spanish law regulating changes in gender identity as an example, we analyze how this recent (2007) legal advance still imposes medical criteria that pathologize the trans person and reinforce sexist assumptions. Although it is no longer up to a judge to determine a person's legal gender, the criteria for modification of official documents still implicitly support inaccurate and oppressive understandings of sex/gender/sexuality by, for example, relying on diagnostic criteria that support the imposition of gendered stereotypes on children and traditional social roles on adolescents and adults. Only through reconceptualizing our very notion of sex and gender can the law be revised to protect the rights of everyone no matter what their lived sex/gender histo...