The Proof is in The History: The Louisiana Constitution Recognises Transsexual Marriages and Louisiana Sex Discrimination Law Covers Transsexuals – So Why Isn’t Everybody Celebrating?

Katrina C Rose

Abstract


Approximately half of the states in the United States of America have statutes recognising the reality of transsexualism. US Attorney and transgender legal historian, Katrina Rose, examines one of the earliest of these, revealing that Louisiana legislators in 1968 clearly understood the difference between gay marriages, and heterosexual marriages in which one spouse is transsexual. Rose also suggests that adoption of such a statute should be viewed expansively, with positive ramifications throughout the state’ s body of law. Additionally, she offers a scathing critique of the hypocrisy which has long permeated the American gay rights movement’s willingness to minimise transgender issues and to avoid treating transsexuals as equals. It is argued that this is no longer mere political polemic as the growing number of sweeping anti-gay constitutional amendments has transformed the history of transgendered people having no voice in the gay-marriage-dominated gay agenda into an essential element of transsexuals’ defence where legislative intent of such amendments are an issue in matters involving transsexuals.


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DOI: https://doi.org/10.21153/dlr2004vol9no2art251

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