Annotated Bibliography

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Jomo Kenyatta University of Agriculture and Technology, Nairobi *

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1 Annotated Bibliography Student's Name Institutional Affiliation Course Number and Name Instructor's Name Assignment Due Date

2 Annotated Bibliography Carpenter, C. S., Eppink, S. T., Gonzales, G., & McKay, T. (2021). Effects of access to legal Same‐Sex Marriage (SSM) on marriage and health. Journal of Policy Analysis and Management, 40(2), 376-411. https://onlinelibrary.wiley.com/doi/pdf/10.1002/pam.22286 This article by Carpenter et al. (2021) investigates the consequence of SSM on marital outcomes and the health of individuals in same-sex families in the U.S. It uses two-way fixed effects models and information from the CDC BRFSS to evaluate the impact of legal SSM. The study reveals that legal SSM substantially increased marriage rates, health coverage, and admittance to healthcare for males in SSH, indicating positive outcomes for this group. However, the impact on women in SSH was less definitive, with mixed health-related effects. The findings emphasize how crucial it is to investigate the effects of legal SSM and how it might affect LGBTQ+ people's quality of life, particularly in light of the current discussions surrounding marriage equality and the potential fallout from changing laws. Coppola, F. (2023). Gender identity in the era of mass incarceration: The cruel and unusual segregation of trans people in the United States. International Journal of Constitutional Law, moad046. https://academic.oup.com/icon/article/21/2/649/7175197 The article by Coppola (2023) examines the limited legal acknowledgment of gender uniqueness among transgender individuals and its role in the high rates of incarceration, especially among transgender people of color, in the United States. The article emphasizes how discrimination in areas like housing, employment, education, and trans-specific healthcare contributes to this problem. It highlights the mistreatment of trans individuals in prison, including heightened exposure to violence and harsh conditions like solitary confinement,

3 ostensibly for their safety. The article proposes Eighth Amendment-based arguments for enhanced constitutional defense of gender rights in prison, citing dignity-based and penal theory perspectives. DeVun, L., & Tortorici, Z. (2018). Trans, Time, and History. Transgender Studies Quarterly , 5 (4), 518-539. https://d1wqtxts1xzle7.cloudfront.net/57946106/518devun-libre.pdf? 1544211667=&response-content-disposition=inline%3B+filename %3DTrans_Time_and_History_Introduction_to.pdf&Expires=1697962106&Signature= M5Y546FoYiWlRyV2k1P9CLGIKJWdvVCSQWex3nTc4NptZAIQq0QLC7T24OZuouh - 9eJIluNy7Zn504jAB~wPUYouxC3Es2bY0E6ut2~sgE9zp~9gE3DqdYHNZAdyMa3Iyx Y3pm1XPz77GqV6WTtMy- MJTS9ZTlZNy7Txa~8clfGFbJN1lEUoScHZMXJoBeREQszcSJM3N- wHZOvZfe61pKkU~XhdMSCZQ3l4eGdvrcqcp~qLSlw0Z9HHZy2I3l5Ubg7Z9X9vQ6Q WZvjwHFDzMZnlzadR7jxt6xerdHcebyaIw4iaeEUHwDCJ9mLMyzB108nXlkJ9- qay5xaEopeEAA__&Key-Pair-Id=APKAJLOHF5GGSLRBV4ZA The article "Trans, Time, and History" by DeVun and Tortorici (2018) explores the relationship between transgender studies, history, and time, providing insight into the development of transgender rights and the legal obstacles that transgender people currently confront. The authors stress how important it is to understand how transgender experiences and rights have changed over time purposely to comprehend the legal obstacles that transgender people currently face fully. They draw attention to the risks associated with drawing ahistorical parallels, which can legitimize discrimination and further marginalize transgender individuals.

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4 The article also highlights how the ability of transgender politics and legal frameworks to bring about change is impacted by time. Flores, A. R. (2019). Social acceptance of LGBT people in 174 countries: 1981 to 2017. https://williamsinstitute.law.ucla.edu/wp-content/uploads/Global-Acceptance-Index- LGBT-Oct-2019.pdf Flores (2019) in this article delves into the vital role that social attitudes play in determining whether or not LGBT people are accepted or rejected in society. The study highlights the significant influence that negative beliefs have on the tendency to marginalize and discriminate against LGBT people, which can result in violence and prejudice. Stigmas are common negative beliefs that have their roots in societal elements like media, law, medicine, religion, and custom. The article emphasizes the adverse effects of segregation and lack of acceptance, such as discrimination, violence, and adverse economic effects. The minority stress model, which explains the particular stress and anxiety experienced by sexual and gender minorities, highlights the connection between stigma and health. This index provides a complete understanding of the significance of acceptance and exclusion on the well-being of LGBT individuals. It emphasizes the need for consistent and comparable data to address these critical issues. George, M. A. (2019). Framing trans rights. Nw. UL Rev., 114, 555. https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1395&conte xt=nulr George's (2019) article, "Framing Trans Rights," delves into the shifting landscape of LGBT rights advocacy, particularly after the success of marriage equality. The focus of this research centers on the transition of opposition from marriage equality to transgender rights.

5 George discusses how LGBT rights campaigns have strategically framed transgender identity, often emphasizing gender-conforming individuals, which implicitly reinforces traditional gender binaries. While these campaigns have generally been successful in preserving LGBT rights, they may inadvertently undermine the broader litigation strategy and potentially expose non-binary transgender individuals to increased discrimination. The article utilizes primary source campaign materials to trace the historical evolution of campaign strategies, highlighting how these framing choices impact the transgender community. The article emphasizes the interconnectedness of electoral campaign frames and their influence on broader legal advocacy. It draws on concepts like acoustic separation, popular constitutionalism, and slippery slopes to explain the interconnectedness of electoral strategies and more general legal advocacy within the LGBT rights movement. This research underscores the importance of framing in trans rights advocacy and its implications for the LGBT movement's progress. Herman, J. L., & O'Neill, K. (2021). Gender Marker Changes on State ID Documents: State- Level Policy Impacts. https://williamsinstitute.law.ucla.edu/wp-content/uploads/Gender- Markers-Jun-2021.pdf The critical subject of gender indication variation on state ID documents in the U.S. and the effect of state policies on the welfare and rights of transgender individuals is covered by Herman and O'Neill (2021) in this source. The authors offer helpful information about the difficulties transgender people encounter in getting accurate gender markers on their identification documents using information from the U.S. Transgender Survey conducted in 2015. Notable conclusions include the need for state-level legislation to address the issue of a sizable percentage of transgender adults not having identification cards that accurately reflect their gender identity (Herman and O'Neill, 2021). The article highlights how policies that

6 facilitate the acquisition of accurate identification for transgender people lead to better outcomes for their mental health and decreased instances of discrimination. The findings in this article enhance our comprehension of the obstacles transgender people encounter when trying to acquire valid identification documents and emphasize the importance of legislative modifications in promoting the rights and welfare of transgender people in modern society. Lau, F., Antonio, M., Davison, K., Queen, R., & Devor, A. (2020). A rapid review of gender, sex, and sexual orientation documentation in electronic health records. Journal of the American Medical Informatics Association, 27(11), 1774-1783. https://academic.oup.com/jamia/article/27/11/1774/5906099?login=true Lau et al. (2020) in this review found five essential themes for modernizing GSSO Documentation in EHRs, including the creation of a comprehensive environment with specific terminology, refining guidelines for patient identification, enhancing patient-provider relationships, considering techno-socio-organizational aspects, and addressing the invisibility of SGM. The article emphasizes the need to overcome practical challenges, such as organizational obligations in GSSO documentation modernization (Lau et al., 2020). Ultimately, the acceptance of comprehensive EHRs is seen as an evolving journey to meet the diverse needs of SGM individuals in the healthcare system. Lennox, C., Tabengwa, M., & Waites, M. (2021). Contesting lesbian, gay, and bisexual human rights in the Commonwealth. https://eprints.gla.ac.uk/175125/7/175125.pdf By analyzing the intricate legal issues transgender people face in the framework of the Commonwealth, an intergovernmental organization with ties to the British Empire, Lennox et al. (2021) provide insightful information about the development of transgender rights. The article emphasizes how most Commonwealth Member States continue to criminalize same-sex sexual

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7 behavior, which affects a sizable portion of their population, in spite of recent activism by LGBTI advocates. In addition, it compares and contrasts the Commonwealth's adoption rights and same-sex partnership policies with those across the world. The source emphasizes how the legal framework pertaining to transgender rights was shaped by social factors, modern political norms, and the legacies of British colonialism. With an emphasis on the initiatives of civil society organizations, it also examines how the Commonwealth has evolved into a forum for international activism, particularly that related to transgender issues. It also calls into question the extent to which UK-based actors have shaped these networks and their dedication to decolonial and intersectional methodologies. Lennox et al. (2021) emphasize the significance of an intersectional and global perspective on the subject, which helps readers gain a more nuanced understanding of the legal obstacles and the advancements made in transgender rights within the Commonwealth. Lixinski, L. (2019). Rights Litigation Piggybacking: Legal Mobilization Strategies in LGBTIQ International Human Rights Jurisprudence. Fla. J. Int'l L., 31, 273. https://scholarship.law.ufl.edu/cgi/viewcontent.cgi?article=1057&context=fjil The subject of Lixinski's (2019) article is social groups' international litigation for human rights, particularly as it relates to LGBTIQ rights. It emphasizes how crucial international human rights mechanisms are for offering protection outside national borders, especially in areas where LGBTIQ people are persecuted, discriminated against, and subjected to violence—violence that is frequently authorized by the government. The difficulties of promoting LGBTIQ rights through international human rights mechanisms are covered in the article. It highlights the fine line that must be drawn between the rights of specific victims and the larger goals of the social movement, noting that specific cases may occasionally take precedence over others in order to

8 further the movement's objectives (Lixinski, 2019). The article highlights a potential weakness in international human rights law, whereby the focus on "chosen" victims and particular issues can unintentionally narrow the scope of a movement. A monochromatic approach and tunnel vision may arise from this path dependency in rights litigation. To sum up, Lixinski's article emphasizes the strategic factors and intricacies involved in international human rights cases pertaining to LGBTIQ rights. Maier, M. B. (2020). Altering gender markers on government identity documents: Unpredictable, burdensome, and oppressive. U. Pa. JL & Soc. Change, 23, 203. https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1245&context=jlasc Maier's (2020) article deals with the challenges experienced by non-binary and transgender individuals when striving to transform their gender indicators on government identity documents. The article highlights how identity documents perform an essential role in several characteristics of life and how dissimilar gender identification can result in discrimination and opposing results (Maier, 2020). The report researches legal considerations and scrutinizes three states with diverse policies, Oregon, Alabama, and Montana, exemplifying the changing degrees of difficulty that transgender and nonbinary people meet when attempting to transform their documents. This study sheds light on the need for more accessible and inclusive procedures for altering gender markers, emphasizing the importance of respecting individual gender identities without imposing unnecessary medical requirements.

9 Nicol, N., Jjuuko, A., Lusimbo, R., Mulé, N. J., Ursel, S., Wahab, A., & Waugh, P. (2018). Envisioning Global LGBT Human Rights: Neo) colonialism, Neoliberalism, Resistance and Hope . University of London Press. https://library.oapen.org/bitstream/handle/20.500.12657/46151/external_content.pdf?sequ ence=1 The article by Nicol et al. (2018) provides important new information about the legal challenges that transgender individuals currently confront, as well as the evolution of transgender rights. The study aimed to explore the involvement of LGBT individuals, with particular stress on human rights breaches related to gender identity and sexual orientation. The post-colonial British laws legacy that outlaws same-sex closeness and gender uniqueness throughout the Commonwealth is examined in this article, clarifying the ongoing legal issues in these areas. The impact of nationalism, neo-colonialism, and neoliberalism, as well as the growing organizing and activism in the Global South and other universal forums, are also examined, as is the refugee crisis, which mainly affects LGBT asylum seekers. The 2009 Delhi High Court decision, which affected comparable laws throughout the Commonwealth, is a prime example of the possibility for change. In conclusion, Nicol et al. (2018) provide a thorough grasp of the difficulties and advancements in transgender rights by incorporating a variety of viewpoints, including those of people actively involved in LGBT rights movements. Romero, A. P., Goldberg, S. K., & Vasquez, L. A. (2020). LGBT people and housing affordability, discrimination, and homelessness. https://escholarship.org/content/qt3cb5b8zj/qt3cb5b8zj.pdf The article by Romero et al. (2020) addresses the severe issue of housing within the setting of the LGBT community. Housing remains a fundamental characteristic of human well-

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10 being, yet it is an essential challenge for several people in the United States because of affordability apprehensions. The research in this article underlines the particular challenges experienced by LGBT people in the realm of housing. The study investigates the effect of stigma and discernment across the life course of LGBT people, impacting their housing steadiness and affordability. It sheds light on the challenges faced by LGBTQ youth, discrimination in shelters and homeless services, harassment in housing, and discrimination within the mortgage industry. Ruff, L. (2018). Trans-cending the Medicalization of Gender: Improving Legal Protections for People Who are Transgender and Incarcerated. Cornell JL & Pub. Pol'y, 28, 127. https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1493&context=cjlpp Ruff (2018) examines the exceptional human rights complications encountered by imprisoned transgender individuals, stressing the boundaries of depending on the psychiatric analysis of Gender Dysphoria as the foundation for permissible protection. It critiques the binary system of gender and its reinforcement by the medical establishment. The calls for a shift in legal reasoning, moving beyond stigmatizing assumptions about gender and advocating for inclusive and empowering gender conceptualizations to protect the rights of transgender individuals effectively. Stroumsa, D., Crissman, H. P., Dalton, V. K., Kolenic, G., & Richardson, C. R. (2020). Insurance coverage and use of hormones among transgender respondents to a national survey. The Annals of Family Medicine, 18(6), 528-534. https://www.annfammed.org/content/annalsfm/18/6/528.full.pdf Stroumsa et al. (2020) in this study examined the association between insurance coverage barriers and hormone use patterns among transgender individuals. The results indicate that among 12,037 transgender individuals using hormones, 9.17 percent were utilizing

11 nonprescription hormones, with 20.81 percent of insured respondents experiencing claim denials. The study highlights the higher prevalence of nonprescription hormone use among uninsured individuals and emphasizes the importance of addressing insurance-related challenges in transgender healthcare. Valentincic, C. J. (2022). The Evolution of Transgender Student Rights: A Legal and Policy Analysis. https://digitalrepository.trincoll.edu/cgi/viewcontent.cgi?article=2015&context=theses Valentincic (2022) in this article examines the transgender learner rights evolution in relation to the 1972 Education Amendments. The author outlines the growth of LGBTQ+ rights, emphasizing the advancement of transgender student rights primarily via the legal system. The study looks at legislative, executive, and judicial responses to the problem and concludes that the law court is the best place to get protections for transgender students. According to Valentincic (2022), court rulings offer more security and legal robustness than executive and legislative actions since they are less resistant to political influences. The significance of continuing legal action to resolve outstanding concerns and increase protections for transgender students— particularly in the educational setting—is emphasized by this study. The observations of Professor R. Shep Melnick affirm the need for ongoing legal action to protect the rights of transgender students—all these help in understanding the challenges that transgender individuals face today. Van Hout, M. C., Kewley, S., & Hillis, A. (2020). Contemporary transgender health experience and health situation in prisons: A scoping review of extant published literature (2000– 2019). International Journal of Transgender Health, 21(3), 258-306. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8726645/

12 Van Hout et al. (2020) explore the contemporary transgender health experiences and health situations within the prison system in their article. Their research demonstrates how many jurisdictions lack the specific policies needed to address the unique needs of prisoners who identify themselves as LGBT. Particularly, transgender people experience unique difficulties, more excellent rates of incarceration, and more significant vulnerabilities when incarcerated (Van Hout et al., 2020). The authors stress that in order to protect the rights and welfare of transgender inmates, the prison system must implement practical measures like advocacy, awareness, training, and cultural competence.

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