ABSTRACT

The concluding chapter summarises the key conclusions of the analysis, noting that the system of gender has relied on law to shore up abiding commitments to a fixed and rigid binary. The case analysis in Chapters 5 and 6 identifies that the judiciary are fully captured by the medical establishment and fail to provide an effective process as envisioned in Marion's Case. The judicial decisions about medical interventions for trans and intersex minors reflect different theories of gender identity development, both of which adhere to a strict binary concept of gender, and both of which are critiqued as fundamentally flawed. The conclusion recommends that law cease to impose and regulate artificially bounded sex categories of male and female. Instead the law must focus on respecting diversity of embodiment and identity.