Family nonsupport of young trans people, experiences of legal problems, and access to the legal system

Abstract

This paper explores the connections between parental nonsupport of a young person’s trans or gender diverse identity and young trans people’s experiences of justiciable legal problems¹ as well as access to the legal system to address these issues. Qualitative youth data were drawn from the TRANSforming JUSTICE: Trans Legal Needs Assessment Ontario (TFJ) study. The narratives of 16 young trans people (16–29 years) were analyzed to identify parental factors in relation to encountering legal problems and accessing the legal system. Five themes emerged: parental nonsupport of gender identity, identity documentation issues, accessing medical care, employment legal problems, and housing legal problems. Results indicate that parental nonsupport of a young person’s trans or gender diverse identity may render a young person more vulnerable to experiencing justiciable legal problems and may also create barriers to accessing the legal system to address these issues.

Keywords:

• Trans youth
• family
• legal problems
• discrimination
• healthcare
• employment
• housing
• accessing justice

Notes

1 Justiciable legal problems are defined as those matters that are capable of being settled by law or by the action of a court or an administrative tribunal.

Additional information

Notes on contributors

Julie James

Julie James is an assistant professor in the School of Child and Youth Care at Ryerson University. She holds a Ph.D. in Sociology from Queen’s University and a master’s degree of Social Work from the University of Toronto. She has worked with young people in school, in healthcare, in child welfare, and in community settings for over twenty years. Her main research interests include youth-led activism, Indigenous youth resurgence, and trans, gender diverse, and gender non-conforming youth-led work. She uses quantitative, qualitative, and artistic methodologies. She is particularly interested in critical approaches of therapeutic practices.

David J. Brennan

David J. Brennan joined the faculty in 2007 and currently serves as the Associate Dean, Research. Dr. Brennan is the founder and director of the CRUISElab, an interdisciplinary, community-based social work research lab dedicated to addressing the sexual, mental, physical, and emotional health of gay, bisexual, two-spirit, cis- and trans-gender men who have sex with other men (GB2M). Dr. Brennan has been directly involved in the HIV epidemic since 1983 in many social work roles, including case manager, clinical supervisor, psychotherapist, program manager, and researcher.

Ryan Peck

Ryan Peck is a lawyer and the Executive Director of the HIV/AIDS Legal Aid Clinic Ontario. Ryan has been involved in fighting against HIV/AIDS discrimination for over a decade and has received numerous awards for his work. Ryan oversaw the TRANSforming JUSTICE: Trans Legal Needs Assessment Ontario (TFJ) study and secured funding for the study through Legal Aid Ontario and the Ontario HIV Treatment Network.

Nicole Nussbaum

Nicole Nussbaum is a lawyer with Legal Aid Ontario and has been a trans rights advocate for over two decades. Nicole was instrumental in bringing out legal changes within Canada that prevents discrimination based on gender identity and expression. Nicole served as the project lead for the TRANSforming JUSTICE: Trans Legal Needs Assessment Ontario (TFJ) study.