View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by ValpoScholar Valparaiso University Law Review Volume 13 Number 3 Spring 1979 pp.423-450 Spring 1979 Sex, Gender, and the Need for Legal Clarity: The Case for Transsexualism Meredith Gould Follow this and additional works at: https://scholar.valpo.edu/vulr Part of the Law Commons Recommended Citation Meredith Gould, Sex, Gender, and the Need for Legal Clarity: The Case for Transsexualism, 13 Val. U. L. Rev. 423 (1979). Available at: https://scholar.valpo.edu/vulr/vol13/iss3/1 This Article is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Law Review by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at
[email protected]. Gould: Sex, Gender, and the Need for Legal Clarity: The Case for Transse Valparaiso. Uniuersiti; at'uw iReuiew Volume 13 Spring 1979 Number 3 SEX, GENDER, AND THE NEED FOR LEGAL CLARITY: THE CASE OF TRANSSEXUALISM MEREDITH GOULD* INTRODUCTION Societies have historically created institutions to organize and control all aspects of human relationships; this is a substantive con- cern of social theory. The modern legal system exemplifies one in- stitutionalized means of social control that emerged as religion, myth, and ritual life lost significance in the face of growing secularization.' Grounded in the Judeo-Christian ethic, the law is a contemporary moral code, circumscribing acceptable behavior and social participation for human actors in a given society; a code not infrequently based on assumptions about the impact of sex status upon personality and sociality.! In general, persons seem to be either female or male, and are assumed to be so without much concern.