The new constitutional right to gender recognition: A conceptual map

The article explores the different constitutional developments of the right to gender recognition. It offers a systematization to a corpus of jurisprudence which, albeit bourgeoning, remains significantly under-theorized. By doing so, the article ultimately aims to provide the analytical tools to understand the different forms of such a right that are in the making as well as the set of limits to it that courts are setting. The article argues that the various forms of constitutional recognition can contribute to shape the contours of gender assignment typologies along two different axes, namely the elective vs. ascriptive axis and the binary vs. non-binary axis. In clarifying this largely underexplored area of the law, the article argues that the very process of creation and policing of gender identities and categories represents a critical aspect of contemporary constitutionalism.