ABSTRACT
An analysis of transgender jurisprudence reveals a number of narrative tropes. While the theme of homophobia is a consistent one within transgender jurisprudence generally, it appears most visibly in cases concerned with marriage, the prime institution of heterosexuality. The judicial postulation of a 'natural' femininity, one that confronts a feminist politics, and perhaps implicates a middle-class gaze, employs the idea of drag as its mode of expression, an idea that in cultural terms continues to issue forth the spectre of homosexuality. The chapter considers homophobia and highlights the ways in which homophobia serves to link all four decisions: voluntary, for life, between a man and a woman, and to the exclusion of all others. In J. Ormrod's view the test could have no more obvious application than to marriage: sex is clearly an essential determinant of the relationship called marriage, because it is and always has been recognised as the union of man and woman.
