ABSTRACT
This chapter suggests how trans people, gender variant people and/or those with a third wave ethos can draw upon their particular kinds of narrative voice and experiences of difference in order to increase their visibility and voice in the discourse of the law, so that they become more than socially ethereal beings. Gilligan and Kristeva theorised that communication deriving from maternal relations, rather than from an essential essence of womanhood, was an undiscovered fount of inspiration for ethical procedure. Genre and genealogy identify subjectivities of choice and relations of passion, marking a quantum leap for social inclusion for the 'kindred' of those who do not fit. Postdifference is genre and genealogy as positive and valued subjective difference, endowed with the agency granted by maternal relations to participate fully in society. Postdifference involves recognition for all gender variance, helping to ensure that reassignment treatments are not erroneously sought in the individual's quest to realise their preferred gender.
