The gender identity of an individual is their personal sense of self that is assigned at birth based on biological factors like genitalia. Some people identify with their biological gender, while others do not. When someone consistently identifies themselves as different from what they were born as, this is called transgender. Trans people are often subject to discrimination and prejudice because of their gender expression, leading to negative health outcomes and social isolation. In addition, those who are nonbinary or agender have also experienced challenges when it comes to accessing legal services. This can be particularly problematic for individuals involved in legal processes such as divorce proceedings, child custody disputes, and domestic violence cases.
One study found that misgendering affected the perception of trans people's credibility during legal processes. The participants reported feeling frustrated, embarrassed, and humiliated when their gender was questioned or dismissed by court personnel or attorneys. As a result, they felt less inclined to fully participate in legal proceedings and may even avoid seeking legal help altogether. Similarly, a survey revealed that nearly half of nonbinary respondents had experienced mistreatment during interactions with the justice system. They were misgendered, harassed, and even physically assaulted. These experiences led many to feel unsafe, anxious, and distrustful of law enforcement officers and other officials.
Misgendering has been used as a weapon against transgender people during litigation. Attorneys and judges have deliberately referred to them by incorrect pronouns or names to belittle them or undermine their case.
One judge refused to use a trans man's chosen name in a trial and instead insisted on using his deadname (the name given at birth). This type of misconduct violates Title VII protections against discrimination based on sex, but few trans people seek legal action due to the high costs associated with doing so.
To address these issues, some states have implemented measures to protect the rights of trans individuals in the legal system.
California requires courts to respect an individual's preferred name and pronouns.
These policies are not always enforced consistently, leading to continued challenges for marginalized communities.
There is a lack of understanding among practitioners about how to interact with trans clients, resulting in poor communication and misunderstandings.
Misgendering can significantly impact participation in legal processes, leading to psychological harm and reduced access to justice. Trans and nonbinary individuals must be supported and protected when navigating the legal system, including through policy changes and education efforts that promote inclusivity and sensitivity towards diverse identities.
How does misgendering affect participation in legal processes?
Misgendering can have a significant impact on an individual's participation in legal proceedings, leading to feelings of shame, humiliation, and exclusion. This can result in lower self-esteem and confidence, which may impede their ability to effectively present their case or defend themselves in court. Additionally, it can lead to misunderstandings about the nature of the case and its implications, as well as create tension between parties involved in the process.