Trans and Non-binary Identities and a Politics Beyond Recognition: On the Possibility of the X

Abstract

Over the past decade, legal recognition of trans, non-binary, and intersex individuals has occurred in a number of countries with diverse relationships to gender categorization and (settler) colonialism. This attention to trans and non-binary rights has translated into the addition of a third option for declaring gender: X. Heralded by some as a sign of progress and recognition of non-binary individuals by the state, the development of the X marker may also be interpreted as facilitating state regulation of gender-diverse individuals. Drawing on scholarship in trans studies and legal studies, this chapter critically examines the X marker as an intervention that works within and simultaneously resists state recognition of non-binary identities. By analyzing data gathered through semi-structured interviews with trans, non-binary, and genderqueer individuals who have obtained – or are in the process of electing – an X marker in legal documents, this chapter critically explores the tensions and complexities of the X and mobilizes the concept of opacity to demonstrate how individuals graft their own meanings onto this non-binary marker. While acknowledging the problematic use of identification documents as biopolitical instruments, this chapter asks if we can nonetheless use them as tools of resistance and radical self-determination to transgress the controlling power of the state.