Könsöverskridande identitet eller uttryck : En diskursanalys av hur transpersoner inkluderas i Diskrimineringslagen

In 2009 transgendered persons were included in the Swedish law against discrimination. Prior to the inclusion a commission made an investigation of the necessity of such change in the law and how it could be designed. This essay focuses on the discourses regarding gender that appear in the law and the report written by the commission. Using theories by Judith Butler and discourse analysis inspired by Norman Fairclough it identifies two main discourses regarding gender: a two gender discourse and a queer discourse. The two discourses meet in the studied material in an antagonistic way, a conflict that is solved by separating the two and making one part of the law focus on gender and one on transgender. The law that focuses on transgendered persons formulates a new, three gender discourse. The inclusion of the group transgendered persons in the law results in a creative interdiscoursivity and forces the commission to redefine the binary categories of men and women