Jessica Clarke on Nonbinary Gender Identity

In this episode, Jessica Clarke, Professor of Law at Vanderbilt University Law School, discusses her article, "They, Them, and Theirs," which was published in the Harvard Law Review. Clarke begins by defining nonbinary gender identity and describing how nonbinary identity fits into modern civil rights doctrines. She details how nonbinary legal rights advocacy intersects with transgender and feminist legal arguments. She explains how a contextual, case-by-case approach can address many of the concerns regarding legal recognition of nonbinary identities, and goes over various regulatory schemes for nonbinary gender rights and their shortcomings. Clarke concludes by discussing a recent case involving a nonbinary intersex plaintiff and their lawsuit regarding gender markers on passports issued by the State Department, Zzyym v. Pompeo. Clarke is on Twitter at @clarkeja.

This episode was hosted by Luce Nguyen, a student at Oberlin College and the co-founder of the Oberlin Policy Research Institute, an undergraduate public policy organization based at Oberlin College. Nguyen is on Twitter at @NguyenLuce. 

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