6533b7d0fe1ef96bd125b957

RESEARCH PRODUCT

Trans Justice Fights Trans Moral Panic

Ruth Mestre I Mestre

subject

gender-identity self-recognitionSociology and Political SciencePolitical Science and International Relationstrans equalitymoral panicsUNESCO::CIENCIAS JURÍDICAS Y DERECHOcultural warsmoral crusadesLaw

description

Between the summer of 2019 and the summer of 2021, a violent discussion about trans rights took place in Spain. This paper argues that the discussion can be understood as an instance of ‘social problems work’, more specifically as part of a moral crusade or a moral panic episode. Implicit in this is the idea that there has been an over-reaction to trans recognition and trans equality laws, publicly presented as a major social problem. This paper also provides legal arguments against the fears voiced in the discussion, by summarizing relevant ECHR case-law that agrees with an alternative feminist account of trans rights that de-pathologizes gender-identity self-determination. The paper thus suggests that a ‘cultural war’ over gender identity has been ignited and has yet to be fully fought and won.

https://doi.org/10.17561/tahrj.v18.7023