Law as symbolic other in the acquisition of personhood for non-binary individuals

This paper examines the exclusion of non-binary and gender-fluid individuals from accessing the provisions contained in the Gender Recognition Act 2004 which are intended to provide legal recognition of one’s gender identity. In so doing, this paper utilises Drucilla Cornell’s psychoanalytic theory of the law as a Symbolic Other in the process of individuals achieving psychic personhood to provide a novel analysis of the issue of legal gender recognition reform. It argues that the current legal framework, which only permits recognition of binary gender identities denies non-binary individuals the recognition necessary for full personhood which, in this paper means both legal personhood which all human beings are given and psychic personhood which is the ability to conceive of oneself as a whole and have that recognised by others; legal personhood and protections given in law to human beings currently neglects the second conceptualisation of personhood and without both it is argued that only some are able to achieve full personhood before the law. By exploring the impact of legal exclusion on identity formation, the paper calls for significant reforms, including the adoption of a self-declaration model and the legal recognition of non-binary identities. These reforms are essential to ensure the law fully protects the dignity and autonomy of all gender-variant individuals.