Genitalia out of scope. Riflessioni intorno a pratiche di cura e cittadinanza trans nelle sentenze di rettifica di attribuzione di sesso

Court verdicts asked to deal with several aspects of trans experiences, are key objects through which we can frame the relationships between gender and the law (between heterosexuality and citizenship), showing how the hegemonic forms of heteronormativity underpin the constructions of citizenship. Looking closely to the proceeding, we will see that, untill recently, the enduring trend was to consider the genitalia as the legitimate manifestation of gender identity: they were entrusted with the symbolic function of representing and certifying gender. Furthermore, such asseverating function was legitimated by the adaptation of their form or appearance (aesthetics), rather than their usefulness (functionality), which remains often partial (if not problematic). The law (and medical practices), in fact, tend to enlist or conform the trans condition to the binary gender order, conveying the belief that gender originates from sex, namely from paramount sexual characteristics.