Class Year

2025

Document Type

Student Research Paper

Date of Creation

Spring 2025

Department 1

Women, Gender, and Sexuality Studies

Abstract

This study examines the use of gender-inclusive legal language in federal circuit court opinions in the United States between 2020 and 2024, with a focus on how judicial political ideology influences linguistic behaviors. Drawing on postmodern feminist theory and utilizing content analysis, the research compares six federal circuit courts by coding 46 court opinions for inclusive and exclusive linguistic practices related to transgender and non-binary individuals. Inclusive practices included the use of self-identified names and pronouns, affirming decisions, and acknowledgment of transgender identities, while exclusive practices involved misgendering, outdated terminology, and restrictive rulings. Results show that progressive circuits demonstrated significantly more inclusive and fewer exclusive behaviors than conservative circuits, particularly in affirming rights. However, across all courts, gender-neutral language was largely absent. The findings underscore the persistent impact of political ideology on judicial behavior and highlight the urgent need for inclusive language education, training, and representation within the legal system to protect LGBTQIA+ individuals.

Comments

Written for WGS 340: Methods and WGS 400: Senior Seminar

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