GENDER NONCONFORMING EXPRESSION AND BINARY THINKING: UNDERSTANDING HOW IMPLICIT BIAS BECOMES EXPLICIT IN THE LEGAL SYSTEM, CONSIDERING THE SHOOTING DEATH OF PHILANDO CASTILE

55 Am. Crim. L. Rev. Online 44

Patrick C. Brayer* 

While lawyers and activists fighting for transgender rights have been temporarily halted in their efforts, theorists, poets, and artists are taking the lead in advancing the conversation about gender fluidity and the plight of people with non-binary gender identities. This essay is about what practitioners who combat implicit bias in the legal profession can learn from artists and thinkers on the cutting edge of gender-nonconforming expression. Understanding how individuals stigmatize, and at times discriminate against, people who are gender fluid by limited and binary thinking is an important progression in comprehending how implicit bias (specifically against people of color) becomes explicit and influences legal actors including law enforcement, jurists, and jurors.

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