Belonging beyond the binary: from Byzantine eunuchs and Indian hijras to gender-fluid and non-binary identities

Abstract

While the majority of Western legal systems continue to insist on the existence of only two genders, a demand for the recognition of non-binary gender identities has become increasingly visible. Numerous individuals have gone to court demanding recognition of their identities beyond the binary, with varying degrees of success. This article provides a novel lens through which to consider these contemporary legal claims. Through an exploration of historical and cultural examples of gender beyond the binary, more specifically Byzantine eunuchs and Indian hijras, this article analyses the regulatory forces that permit and promote the existence of non-binary genders. A better understanding of societies that have carved out a space for genders beyond the binary can offer important insights into both the benefits and the dangers of the legal recognition of a third gender.

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Item Type:	Article
Authors/Creators:	Gonzalez-Salzberg, DA Perisanidi, M https://orcid.org/0000-0002-7077-8497
Copyright, Publisher and Additional Information:	© 2021 The Author, Journal of Law and Society, and Cardiff University Law School. This is the peer reviewed version of the following article: GONZALEZ-SALZBERG, DAMIAN A. PERISANIDI, MAROULA. Belonging beyond the binary: from Byzantine eunuchs and Indian hijras to gender-fluid and non-binary identities. J Law Soc. 2021; 48: 669– 689, which has been published in final form at https://doi.org/10.1111/jols.12323. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Use of Self-Archived Versions. This article may not be enhanced, enriched or otherwise transformed into a derivative work, without express permission from Wiley or by statutory rights under applicable legislation. Copyright notices must not be removed, obscured or modified. The article must be linked to Wiley’s version of record on Wiley Online Library and any embedding, framing or otherwise making available the article or pages thereof by third parties from platforms, services and websites other than Wiley Online Library must be prohibited.
Dates:	Published: December 2021 Published (online): 10 November 2021 Accepted: 1 June 2021
Institution:	The University of Leeds
Academic Units:	The University of Leeds > Faculty of Arts, Humanities and Cultures (Leeds) > School of History (Leeds)
Depositing User:	Symplectic Publications
Date Deposited:	15 Jun 2021 14:51
Last Modified:	10 May 2022 00:38
Status:	Published
Publisher:	Wiley
Identification Number:	10.1111/jols.12323
Open Archives Initiative ID (OAI ID):	oai:eprints.whiterose.ac.uk:175212

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Belonging beyond the binary: from Byzantine eunuchs and Indian hijras to gender-fluid and non-binary identities

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