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Social Institutions, Transgendered Lives, and the Scope of Free Expression

  • Richard NunanEmail author
Chapter
Part of the AMINTAPHIL: The Philosophical Foundations of Law and Justice book series (AMIN, volume 3)

Abstract

In addition to their official functions, state-sponsored social institutions, such as prisons and civil marriage, serve a more covert function, fostering and sustaining largely unnoticed social ideology. Because such institutions are to some degree coercive, and because the ideology thus promoted is designed to constrain channels of free expression, First Amendment protection is implicated, and can legitimately be applied to the social institution as a whole (not just as it impacts particular individuals). This view is defended through an examination of the ideological implications of the legal landscape governing marriage, as it affects transgendered individuals.

Keywords

Transgender Transsexual marriage Marriage and free expression Institutions and ideology 

Copyright information

© Springer Science+Business Media B.V. 2010

Authors and Affiliations

  1. 1.College of CharlestonCharlestonUSA

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