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Electronic copy available at: GENDER OUTLAWS BEFORE THE LAW: THE COURTS OF THE BORDERLAND * A EYAL G ROSS ** This Article considers four trials held in the United States, United Kingdom, and Israel, in which gender outlaws were accused and convicted in a crimi- nal court for fraudulent gender presentations. These trials raise questions at a number of junctures that touch on the regulation and politics of sex, gen- der, and sexuality. I argue that these cases manifest not only the unresolved tension between sexual and gender identities, but also the internal conflicts within the identities themselves, as well as the difficulty of maintaining boundaries amongst them. Furthermore, I argue that, contrary to the rheto- ric used by the various courts, the primary goal of the law in all of these cases was not to protect sexual autonomy against fraudulent solicitation of sex, but rather to protect gender norms and compulsory heterosexuality. I will assert that the convicting judgments in the four trials represent in- stances of the law attempting to restore compulsory heterosexuality against what I will call the queer reality that emerges from the facts of these cases. The stories of the trials analyzed in this Article challenge not only compul- * Earlier versions of this work were presented at the following forums: the Gay and Lesbian Studies and Queer Theory Forum at Tel Aviv University; “Gay Bar,” the legal forum of the Israeli Gay, Lesbian, Bisexual, and Transgender Association; the Faculty Workshop of the Tel Aviv University Law Faculty; and the Trans NYC collective in New York. Variations of this work were presented at the following academic conferences: “An Other Sex 04,” the annual conference on gay and lesbian studies and queer theory held at Tel Aviv University in May 2004; “The Law of Dignity/The Politics of Shame: An Inquiry into the State of Our Art on Sex, Sexuality, Gender and the Family,” a conference held at Harvard Law School in November 2004; the International Conference on LGBT Human Rights held in Montreal in July 2006; the “International Conference on Law and Society in the 21st Century,” held in Berlin in July 2007; and the “TransSomatechnics: Theories and Practices of Transgender Embodiment” Conference held at Simon Fraser University in Vancouver in May 2008. I am grateful to the members of these various forums and participants in these conferences for enriching discussions. I am also grateful to students at the law schools at Tel-Aviv University, Haifa University, and the College of Management, where I presented earlier versions of this work. Special thanks to Amalia Ziv for the ongoing dialogue that contributed significantly to my thoughts and to this article and for her many insights on the issues in question and on the work of Judith Butler. Special thanks also to Nora Grinberg, with whom I also had an ongoing dialogue that significantly affected my work on these issues. Special thanks also to Tamar

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