Hello. I’ve been reading and analysing some books I think reflect current situations, and have decided to start a series of reviews for the blog. The first book is “Sex is as Sex Does” by Paisley Currah.
Paisley Currah is a political scientist and professor at Brooklyn College and the Graduate Center of the City University of New York (CUNY). His research focuses on transgender rights, identity, and public policy. He has published extensively on issues related to gender, law, and social justice. Currah’s qualifications to write Sex Is as Sex Does stem from his expertise in political science, gender studies, and legal scholarship. He is also a co-founder of TSQ: Transgender Studies Quarterly, a leading academic journal in transgender studies, and has worked on policy issues concerning gender identity and classification. His background as a scholar in political science, as well as his involvement in trans advocacy and academic discourse, provides him with a critical perspective on how institutions define and regulate sex and gender. His analysis in the book is shaped by an understanding of how legal and bureaucratic systems construct identity categories rather than treating them as fixed biological realities. He also has the lived experience of being a trans person in the United States, and his own anecdotes supplement the chapters in his book, providing unique personal insight.
The book is structured within an introduction, five main chapters, and a conclusion. Each chapter includes commentary, critical terms and theories, case studies and anecdotes, and theses which are defended. The introduction includes a brief history of the transgender movement, as well as definitions of key terms used throughout the book. It also asserts that the trans movement would not be where it is without the crucial work of the feminist movement, which puts less at stake for transitioning people. Currah also reminds his readers how intertwined this issue is with each of our lives, including those who are not transgender.
He then begins his groundwork and analysis, as he mainly argues in Chapter One that the classification of sex is not a biological constant but a variable, a context-dependent process shaped by institutional needs and goals, asserting that “sex is whatever an entity whose decisions are backed by the force of law says it is”. Currah demonstrates that what counts as “male” or “female” can change depending on the institution—such as a government agency, healthcare provider, or educational institution—and its specific purpose. For example, legal definitions of sex differ for issuing identification documents versus granting access to gender-segregated spaces. He strengthens his claims by including case studies of chronological policy decisions in New York City concerning birth certificates and legal rulings to illustrate how bureaucracies construct and enforce definitions of sex, often creating inconsistencies that disproportionately affect transgender individuals.
Continuing on, in Chapter Two, Currah outlines the view of the state as a popular sovereignty, made up of the consent of the people, and therefore able to justify mis and reclassification, judicial review, and the amendment process intended to correct any missteps. But acknowledges the other side as well, and how this process creates problems, stating “Much transgender rights advocacy and doctrinal legal analysis of the problem are pinned to the popular sovereignty story and depend on asserting that gender identity is inalienable, immutable (26)” He outlines three tiers of judicial review in the U.S., targeting people based on race and ethnicity infringing on rights, or the classification must be related to a point of government interest, or lastly the rational basis test. He also delves into details of common perspectives on changing sex, firstly that sex cannot be changed and is assigned at birth, second, that sex may be changed depending on the body, and lastly that sex is dependent on gender identity. He supports his arguments with his own personal interactions with the state while changing the sex marker on his social security card, and also the transcript between Republican Joey Hensley and two LGBTQ advocates discussing a new bill which would make it possible to change sex markers on birth certificates. The exchange proved the involvement of the state in these decisions, as Currah writes, “In this case, arguments about the centrality of gender identity to personhood came up against the hard wall of legislative incredulity” (74).
In Chapter Three, he examines sovereignty and the constructed nature of classifications like sex and citizenship and argues that foundational systems, whether legal or social, create order through acts of exclusion and naming rather than reflecting pre-existing realities. He argues that labels like “male” or “female” do not describe inherent truths but instead construct categories through language and decisions. These classifications gain power by creating norms and exceptions, revealing that systems rely on arbitrary yet powerful acts of differentiation to establish authority and legitimacy. The chapter touches on constative and performance statements, and how “saying something is natural is a command that it be so” (82). He illustrates these claims by describing how announcing a baby’s sex feels like a fact, and asking to change it later feels like a decision, and describes how “the state” as being its actions, which are not defined by any foundational text and can seem trivial despite their role in defining sex.
Currah begins Chapter Four by addressing “homonationalism” or the idea that “the gay and lesbian political imaginary had shrunk to seeking “a place at the table,” mere formal equality and recognition” (102) before sharing the main argument of the chapter, “The status-based wrongs experienced by people whose gender identity doesn’t conform to social expectations have been deeply imbricated in matters of distributive injustice” (102). He backs up his claims by describing past verifications of changing sex: how there was a shift in the idea of marriage being valid switched from the ability to have vagina-penis intercourse to whether or not sex is even allowed to change. The claim is further supported by discussing sex changes in court, even citing a Maryland case where sex was indeed found to be changeable, but then it comes down to the criteria needed to verify it.
Chapter Five focuses on incarceration. Currah claims that for incarcerated trans people, the intersection of being a prisoner and being gender non-normative can be difficult. He discusses the high sexual assault rates and how trans prisoners being placed in “administrative segregation” for their own protection is actually a punishment. He supports his claims with examinations of capitalism and racism, which together fuel the world’s largest prison population. He also cites how trans people, people of color, and sex workers are much more likely to go to prison.
Finally, in his conclusion, Currah recaps his three main arguments from the book and returns to the link between the women’s rights movement and the LGBT movement, citing how, while the transgender movement is speeding along, the women’s rights one seems to be lagging behind and even moving backward. He confirms his belief that gender pluralism should be “the normative ideal for how states treat trans people” (147), and acknowledges that our current sex classifications will be (and have been) difficult to move away from. He also acknowledges a counterpoint of view: those who don’t agree with his take that “increasingly popular identity politics organized under the name ‘transgender’ now accounts for positive policy changes that use gender identity as the criterion for sex classification” (143). He reiterates, “None of this should be taken to mean that the transgender movement’s goals with respect to sex classification—basing sex classification on gender identity in the short term and ending the entire system of classification in the longer term—are not just and worthy. I do not side with the critique of identity politics by those who have always been able to proffer ID that matches their identity …nor do I side with those who index the value of trans people to our potential to deconstruct gender and smash the binary” (145).
Sex Is as Sex Does has been reviewed by several scholars and critics, including Sam Huber (The Nation), Samuel Clowes Huneke (Boston Review), Zein Murib (Bulletin of Applied Transgender Studies), Rae Willis-Conger (Gender and Society Journal), and Anders and DuBois (The Psychology of Women Journal). Overall, the book received positive reviews, particularly for its argument that sex is not an inherent identity but a classification shaped by the state for political and economic purposes. Reviewers praised Currah’s structural analysis and his ability to reframe debates on sex classification beyond identity politics. Huber and Huneke highlighted the book’s strengths in exposing the inconsistencies in government policies affecting trans people, though Huber critiqued Currah for not fully acknowledging the severity of modern transphobia. Murib provided one of the most in-depth analyses, agreeing with Currah’s critique of identity-based politics while also arguing that identity-based movements remain valuable for activism. Willis-Conger, Anders, and DuBois offered more neutral or surface-level reviews, with Willis-Conger suggesting that Currah’s chapter openings could have been more historically grounded and LaRusso recommending the book for academic study.
Curah presents a compelling and well-researched argument about how the state constructs and regulates sex classification, offering a crucial shift in focus from identity politics to structural critiques. Currah’s analysis is thorough, drawing from historical and legal examples to illustrate how sex classification has evolved beyond simply targeting trans individuals. The book really dives deep into each topic and examines each point from many angles. His critique of identity-based politics is also thought-provoking, pushing for a broader understanding of systemic oppression.
However, the book has some weaknesses. While Currah’s structural approach is valuable, it risks downplaying the real and immediate effects of transphobia, particularly in today’s political climate. By emphasizing the state’s role in shaping sex, the book at times distances itself from lived experiences and activism, which remain crucial in resisting oppressive systems. Though Currah himself acknowledges that the book is limited in what it chooses to cover, I do believe that touching more on the lived experiences of trans people, apart from the short and impersonal anecdotes, would have added so much to the argument. Additionally, some points could be more grounded in historical context, and the dense academic style may limit accessibility for general readers. Overall, the book is an important contribution to the conversation, but it could benefit from a stronger engagement with contemporary political realities and activist strategies.
The findings in Sex Is as Sex Does have significant implications that can be used in legal policy, activism, politics, and gender studies. By arguing that sex is not an inherent identity but a category shaped by the state for political and economic purposes, Currah challenges the ways laws and institutions define and regulate gender. This perspective shifts focus from individual identity claims to structural critiques, suggesting that efforts to secure rights through legal recognition may reinforce the very systems that create exclusion. The book also highlights how sex classification laws, originally designed for other purposes, have been inconsistently applied, often to the detriment of trans individuals. The analysis encourages scholars and activists to rethink strategies for gender justice, emphasizing systemic change over assimilation into existing legal frameworks. Currah’s work prompts further questions about the intersections of state power, capitalism, and governance in shaping social categories, influencing future research and policy discussions.
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