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Katrina Rose

The University of Iowa, History, Recent Ph.D. Graduate Seeking Teaching Position

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I have recently completed my doctorate in history at the University of Iowa. My primary field is an amalgamation of gender, sexuality and the law in the United States. My second and third fields are, respectively, Nineteenth Century U.S. and Modern Japan. The title of my dissertation is: Forgotten Paths: American Transgender Law, 1955-2009

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The University of Hong Kong

Brooklyn College of CUNY

Jody Lynee Madeira

Indiana University

L. Camille Hebert

Ohio State University

Gujarat University

Cornell Law School

Tadeáš Krejčí

Nausica Palazzo

The Hebrew University of Jerusalem

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Papers by Katrina Rose

After R.M.A. v. Blue Springs, Can All Trans Birth Certificate Statutes Finally Mean Something More?

Concordia Law Review, 2020

In R.M.A. v. Blue Springs, a majority of the Missouri Supreme Court referenced the state's trans ... more In R.M.A. v. Blue Springs, a majority of the Missouri Supreme Court referenced the state's trans birth certificate statute to justify holding that the word "sex" in the state's civil rights statutes encompasses trans people. The article demonstrates that, contrary to the histrionic assertions on the right - including the dissenting opinion in the case - that the R.M.A. majority made the historically and legally accurate decision. However, the article also argues that the histories of the trans birth certificate statute and the anti-discrimination statute at issue actually warranted more of a forceful reliance on the existence of the trans birth certificate statute.

Reflections at the Silver Anniversary of the First Trans-Inclusive Gay Rights Statute: Ruminations on the Law and its History -- and Why Both Should be Defended in an Era of Anti-Trans 'Bathroom Bills'

University of Massachusetts Law Review, 2019

In 1993, Minnesota became the first state to enact a sexual orientation civil rights statute that... more In 1993, Minnesota became the first state to enact a sexual orientation civil rights statute that also provides protections for transgender people. At the twenty-fifth anniversary of that achievement, the intricate history underlying the statute remains underappreciated. The pioneering status of the 1993 state statute, as well as that of the 1975 Minneapolis trans-inclusive ordinance upon which it was based, now typically are recognized. The degree to which radical agitation against politically moderate interests did not sabotage trans-exclusive gay rights but, instead, gave birth to trans-inclusive gay rights is still largely misunderstood. The degree to which that earliest trans rights ordinance almost disappeared in a comedy of errors and the degree to which it actually was disappeared by much scholarly writing is an overlooked historical issue. I argue that trans people in every jurisdiction in the United States and in every profession still suffer from the omissions of those who had platforms in decades past from which at least to acknowledge the existence of trans-inclusive civil rights but, at every opportunity, painted only images of transabsence. I further argue that a renewed focus on appreciating the fragility both of trans civil rights protections and of their place in civil rights history is essential to understanding how and why trans rights have become diminished in some places and, in others, never appeared at all.

Has the Future Already Been Forgotten? A Post-2007 Transgender Legal History Told Through the Eyes of the Late, (Rarely) Great Employment Non-Discrimination Act

Despite the significant upswing in positive media attention being given to transgender people and... more Despite the significant upswing in positive media attention being given to transgender people and transgender concerns, the exuberance currently being expressed – much of it from within the trans community – over recent transgender legal gains is dangerously over-positive. A historical contextualization of the judicial and administrative advancements in federal transgender-centric anti-discrimination law that took place during the Obama Administration is necessary to understand where transgender law is at and how precarious it is in post-Obama America. The tool for this evaluation is a history of one of the LGB(T) rights movement's greatest failures: The fact that when the Obama Administration ended, the Employment Non-Discrimination Act was no closer to becoming law than it had been eight years earlier - when, supposedly, everything was in place to undo the intra-community rancor that was sown during the 2007 attempt to pass the first trans-inclusive version of the bill. The article is an analysis of trans law and trans politics - and it is an indictment of the fatally-flawed concept of 'incremental progress.'

Flashbacks, Brick Walls and Other Lowlights of Fifteen Years in the Legal Profession as an Out Transsexual Woman

This is a short, autobiographical piece which was included in the 2015 anthology 'Out and About: ... more This is a short, autobiographical piece which was included in the 2015 anthology 'Out and About: The LGBT Experience in the Legal Profession,' published by the American Bar Association's Commission on Sexual Orientation and Gender Identity. The listed title is what I submitted as the title for the piece and what I had assumed would be the title. However, as published in the anthology, the individual pieces did not have individual titles; instead, they are just listed by author name.

Employment of Trans-Individuals, A Perspective With A Long View

An analysis of the current state of transgender law, with an emphasis on legal developments in Ma... more

The North Carolina Anti-Same-Sex Marriage Amendment: Whose Existing Law Will Matter?

An unpublished article contextualizing North Carolina's 1975 transsexual birth certificate statut... more

Our Past Must Be Our Present (To Ourselves): How Transsexuals Can Survive Proposition 8

An analysis of potential interaction between a California’s constitutional amendment banning same... more An analysis of potential interaction between a California’s constitutional amendment banning same-sex marriage - also known as Prop 8 - and its statute recognizing change of sex, which had been enacted over three decades before the state's supreme court recognition of same-sex marriage which preceded Prop 8. The article was published in the Touro Journal of Race, Gender and Ethnicity, 5:57 (2010).

Where the Rubber Left the Road: The Use and Misuse of History in the Quest for the Federal Employment Non-Discrimination Act

A comparative legal history situating transsexual-specific statutes within the broader spectrum o... more A comparative legal history situating transsexual-specific statutes within the broader spectrum of gay-specific and LGBT-inclusive law. The article aids in disproving not only the conventional narrative of trans people and trans issues only recently arriving at the civil rights table but also the oft-repeated assertion that trans issues are more controversial and, therefore, more of a political risk than LGB issues. The article was published in the Temple Political & Civil Rights Law Review, 18:397 (2009).

Is the Renaissance Still Alive in Michigan? Or Just Extrinsic? Transsexuals’ Rights After National Pride at Work

An analysis of potential interaction between a Michigan’s 2004 constitutional amendment banning s... more

The Proof is in the History: The Louisiana Constitution Recognizes Transsexual Marriages and Louisiana Sex Discrimination Law Covers Transsexuals – So Why Isn’t Everybody Celebrating?

An examination of the history of one of the earliest American transsexual birth certificate statu... more

Cause of Action For Legal Change of Gender

A practitioners' 'how-to' guide for securing legal recognition of a transsexual's transition. Th... more

A History of Gender Variance in Pre-1900 Anglo-American Law

An examination of the early Common Law’s recognition of intersexuality, focusing on three cases i... more

A 21st Century Examination of Sommers v. Iowa Civil Rights Commission

This is a paper that I did for a Gender and the Law class at the University of Iowa (team-taught ... more This is a paper that I did for a Gender and the Law class at the University of Iowa (team-taught by Patricia Cain and Linda Kerber), examining the multitude of problems with the Iowa Supreme Court's 1983 Sommers decision (subsequently dispensed with in part via Iowa's 2007 trans-inclusive gay rights law.)

Responsible Representation of Your First Transgender Client

A guide for Texas attorneys on the unique issues involved with transgender law, co-authored with ... more

Three Names in Ohio: In re Bicknell, In re Maloney and Hope For Recognition that the Gay-Transgender Twain Has Met

A comparison between the treatment of name changes for same-sex couples and for transsexual indiv... more

Never Let Them Call Us Gnats

Texas Triangle, Oct 13, 2001

A special edition of my transgender issues column that ran in the Texas Triangle from 1998-2001. ... more

Slavery, Sex & Gender, and the Ancient Doctrine of Stare Decisis

Comparative analysis of the law of status in antebellum slave law cases and modern cases involvin... more

Sign of a Wave? The Kansas Court of Appeals Rejects Texas Simplicity in Favor of Transsexual Reality

A comparison between the Kansas Court of Appeals' treatment of transsexual identity in In re Gard... more

When is an Attempted Rape Not an Attempted Rape? When the Victim is a Transsexual - Schwenk v. Hartford: The Intersection of Prison Rape, Title VII and Societal Willingness to Dehumanize Transsexuals

An analysis of the federal Ninth Circuit Court of Appeals' 2000 decision in, which not only marke... more An analysis of the federal Ninth Circuit Court of Appeals' 2000 decision in, which not only marked a sea change in federal court analysis of transsexuals’ rights under laws addressing sex discrimination but also exposed the disturbing lengths to which state prison systems will go to defend sexual abuse of inmates perpetrated by prison guards.

The Transsexual and the Damage Done: The Fourth Court of Appeals Opens PanDOMA's Box By Closing the Door on Transsexuals' Right to Marry

An analysis of the 1999 Texas Fourth Court of Appeals' decision in Littleton v. Prange, placing i... more

After R.M.A. v. Blue Springs, Can All Trans Birth Certificate Statutes Finally Mean Something More?

Concordia Law Review, 2020

In R.M.A. v. Blue Springs, a majority of the Missouri Supreme Court referenced the state's trans ... more In R.M.A. v. Blue Springs, a majority of the Missouri Supreme Court referenced the state's trans birth certificate statute to justify holding that the word "sex" in the state's civil rights statutes encompasses trans people. The article demonstrates that, contrary to the histrionic assertions on the right - including the dissenting opinion in the case - that the R.M.A. majority made the historically and legally accurate decision. However, the article also argues that the histories of the trans birth certificate statute and the anti-discrimination statute at issue actually warranted more of a forceful reliance on the existence of the trans birth certificate statute.

Reflections at the Silver Anniversary of the First Trans-Inclusive Gay Rights Statute: Ruminations on the Law and its History -- and Why Both Should be Defended in an Era of Anti-Trans 'Bathroom Bills'

University of Massachusetts Law Review, 2019

In 1993, Minnesota became the first state to enact a sexual orientation civil rights statute that... more In 1993, Minnesota became the first state to enact a sexual orientation civil rights statute that also provides protections for transgender people. At the twenty-fifth anniversary of that achievement, the intricate history underlying the statute remains underappreciated. The pioneering status of the 1993 state statute, as well as that of the 1975 Minneapolis trans-inclusive ordinance upon which it was based, now typically are recognized. The degree to which radical agitation against politically moderate interests did not sabotage trans-exclusive gay rights but, instead, gave birth to trans-inclusive gay rights is still largely misunderstood. The degree to which that earliest trans rights ordinance almost disappeared in a comedy of errors and the degree to which it actually was disappeared by much scholarly writing is an overlooked historical issue. I argue that trans people in every jurisdiction in the United States and in every profession still suffer from the omissions of those who had platforms in decades past from which at least to acknowledge the existence of trans-inclusive civil rights but, at every opportunity, painted only images of transabsence. I further argue that a renewed focus on appreciating the fragility both of trans civil rights protections and of their place in civil rights history is essential to understanding how and why trans rights have become diminished in some places and, in others, never appeared at all.

Has the Future Already Been Forgotten? A Post-2007 Transgender Legal History Told Through the Eyes of the Late, (Rarely) Great Employment Non-Discrimination Act

Despite the significant upswing in positive media attention being given to transgender people and... more Despite the significant upswing in positive media attention being given to transgender people and transgender concerns, the exuberance currently being expressed – much of it from within the trans community – over recent transgender legal gains is dangerously over-positive. A historical contextualization of the judicial and administrative advancements in federal transgender-centric anti-discrimination law that took place during the Obama Administration is necessary to understand where transgender law is at and how precarious it is in post-Obama America. The tool for this evaluation is a history of one of the LGB(T) rights movement's greatest failures: The fact that when the Obama Administration ended, the Employment Non-Discrimination Act was no closer to becoming law than it had been eight years earlier - when, supposedly, everything was in place to undo the intra-community rancor that was sown during the 2007 attempt to pass the first trans-inclusive version of the bill. The article is an analysis of trans law and trans politics - and it is an indictment of the fatally-flawed concept of 'incremental progress.'

Flashbacks, Brick Walls and Other Lowlights of Fifteen Years in the Legal Profession as an Out Transsexual Woman

This is a short, autobiographical piece which was included in the 2015 anthology 'Out and About: ... more This is a short, autobiographical piece which was included in the 2015 anthology 'Out and About: The LGBT Experience in the Legal Profession,' published by the American Bar Association's Commission on Sexual Orientation and Gender Identity. The listed title is what I submitted as the title for the piece and what I had assumed would be the title. However, as published in the anthology, the individual pieces did not have individual titles; instead, they are just listed by author name.

Employment of Trans-Individuals, A Perspective With A Long View

An analysis of the current state of transgender law, with an emphasis on legal developments in Ma... more

The North Carolina Anti-Same-Sex Marriage Amendment: Whose Existing Law Will Matter?

An unpublished article contextualizing North Carolina's 1975 transsexual birth certificate statut... more

Our Past Must Be Our Present (To Ourselves): How Transsexuals Can Survive Proposition 8

An analysis of potential interaction between a California’s constitutional amendment banning same... more An analysis of potential interaction between a California’s constitutional amendment banning same-sex marriage - also known as Prop 8 - and its statute recognizing change of sex, which had been enacted over three decades before the state's supreme court recognition of same-sex marriage which preceded Prop 8. The article was published in the Touro Journal of Race, Gender and Ethnicity, 5:57 (2010).

Where the Rubber Left the Road: The Use and Misuse of History in the Quest for the Federal Employment Non-Discrimination Act

A comparative legal history situating transsexual-specific statutes within the broader spectrum o... more A comparative legal history situating transsexual-specific statutes within the broader spectrum of gay-specific and LGBT-inclusive law. The article aids in disproving not only the conventional narrative of trans people and trans issues only recently arriving at the civil rights table but also the oft-repeated assertion that trans issues are more controversial and, therefore, more of a political risk than LGB issues. The article was published in the Temple Political & Civil Rights Law Review, 18:397 (2009).

Is the Renaissance Still Alive in Michigan? Or Just Extrinsic? Transsexuals’ Rights After National Pride at Work

An analysis of potential interaction between a Michigan’s 2004 constitutional amendment banning s... more

The Proof is in the History: The Louisiana Constitution Recognizes Transsexual Marriages and Louisiana Sex Discrimination Law Covers Transsexuals – So Why Isn’t Everybody Celebrating?

An examination of the history of one of the earliest American transsexual birth certificate statu... more

Cause of Action For Legal Change of Gender

A practitioners' 'how-to' guide for securing legal recognition of a transsexual's transition. Th... more

A History of Gender Variance in Pre-1900 Anglo-American Law

An examination of the early Common Law’s recognition of intersexuality, focusing on three cases i... more

A 21st Century Examination of Sommers v. Iowa Civil Rights Commission

This is a paper that I did for a Gender and the Law class at the University of Iowa (team-taught ... more This is a paper that I did for a Gender and the Law class at the University of Iowa (team-taught by Patricia Cain and Linda Kerber), examining the multitude of problems with the Iowa Supreme Court's 1983 Sommers decision (subsequently dispensed with in part via Iowa's 2007 trans-inclusive gay rights law.)

Responsible Representation of Your First Transgender Client

A guide for Texas attorneys on the unique issues involved with transgender law, co-authored with ... more

Three Names in Ohio: In re Bicknell, In re Maloney and Hope For Recognition that the Gay-Transgender Twain Has Met

A comparison between the treatment of name changes for same-sex couples and for transsexual indiv... more

Never Let Them Call Us Gnats

Texas Triangle, Oct 13, 2001

A special edition of my transgender issues column that ran in the Texas Triangle from 1998-2001. ... more

Slavery, Sex & Gender, and the Ancient Doctrine of Stare Decisis

Comparative analysis of the law of status in antebellum slave law cases and modern cases involvin... more

Sign of a Wave? The Kansas Court of Appeals Rejects Texas Simplicity in Favor of Transsexual Reality

A comparison between the Kansas Court of Appeals' treatment of transsexual identity in In re Gard... more

When is an Attempted Rape Not an Attempted Rape? When the Victim is a Transsexual - Schwenk v. Hartford: The Intersection of Prison Rape, Title VII and Societal Willingness to Dehumanize Transsexuals

An analysis of the federal Ninth Circuit Court of Appeals' 2000 decision in, which not only marke... more An analysis of the federal Ninth Circuit Court of Appeals' 2000 decision in, which not only marked a sea change in federal court analysis of transsexuals’ rights under laws addressing sex discrimination but also exposed the disturbing lengths to which state prison systems will go to defend sexual abuse of inmates perpetrated by prison guards.

The Transsexual and the Damage Done: The Fourth Court of Appeals Opens PanDOMA's Box By Closing the Door on Transsexuals' Right to Marry

An analysis of the 1999 Texas Fourth Court of Appeals' decision in Littleton v. Prange, placing i... more

Eight, Hate or Too Late? Did California Transsexuals Survive the Proposition 8 Vote?

Panel Presentation at the Transgender Law: Challenging the Boundaries of Law and Gender Symposium... more Panel Presentation at the Transgender Law: Challenging the Boundaries of Law and Gender Symposium, Touro Law Center, Central Islip, NY, Feb. 20, 2009.

My presentation was of research that would form a significant portion of my article: "Our Past Must be Our Present (to Ourselves): How Transsexuals Can Survive Proposition 8," Touro Journal of Race, Gender and Ethnicity, 5:57 (2010).

The Right to Gender Self-Determination

Panel Presentation at the Intersections of Transgender Lives and the Law: Critical Perspectives o... more Panel Presentation at the Intersections of Transgender Lives and the Law: Critical Perspectives on Legal and Social Challenges symposium, Temple University Law School, Philadelphia, PA, Nov. 8, 2008.

My presentation included some research that would appear in "Where the Rubber Left the Road: The Use and Misuse of History in the Quest for the Federal Employment Non-Discrimination Act," Temple Political & Civil Rights Law Review, 18:397 (2009); and some research that would appear in "Is the Renaissance Still Alive in Michigan? Or Just Extrinsic? Transsexuals’ Rights After National Pride at Work," Ohio Northern University Law Review, 35:107 (2009).

The Bailey Brouhaha: Community Members Speak Out on Resisting Transphobia and Sexism in Academia and Beyond

Panel Presentation at the National Women’s Studies Association Conference, Cincinnati, OH, June 2... more Panel Presentation at the National Women’s Studies Association Conference, Cincinnati, OH, June 21, 2008. I and the other panelists debunk Alice Dreger's defense of the pseudo-scientific, anti-transsexual hackery of J. Michael Bailey.

My remarks were based, in part, on the unpublished (other than on the internet) paper, "Go Ask Alice – But Not About Transsexuals’ Lives and History: A Defense of the Right of Members of an Oppressed Class to Speak for Themselves," which I have uploaded here.

Transgender Law Panel

Presentation on Iowa and Nebraska Transgender Legal Issues

Transgender Law Panel

Beyond Vermont: The Transsexual Dilemma

This panel, on which I appeared with Alyson Meiselman, was connected to, though not purely a pres... more This panel, on which I appeared with Alyson Meiselman, was connected to, though not purely a presentation of, research that appeared in "Sign of a Wave? The Kansas Court of Appeals Rejects Texas Simplicity in Favor of Transsexual Reality," University of Missouri-Kansas City Law Review, 70:257 (2001).

Transgender Law Current Updates Panel: Littleton v. Prange and Other Attacks on Transsexual Rights in Texas

Discussion of general trends in transgender law, but with a focus on the Littleton v. Prange case... more

Women in the U.S. Since 1800 - Augustana College Syllabus - Spring 2014

My syllabus for a junior-level women's history course.

American Legal Experience - University of Iowa Syllabus - Spring 2014

The syllabus for the undergraduate student discussion sections of University of Iowa School of La... more

Communities & Societies in History: Transgender and Gay Identities and Mobilizations - University of Iowa Syllabus - Spring 2011

Syllabus for a History 'Issues' course I designed, focusing on movement historical change.

Gender Variance Through the Ages - University of Iowa Syllabus - Spring 2010

Syllabus for the transgender history course that I designed - as taught in the spring semester of... more

Gender Variance: Historical Developments and Modern Realities - University of Iowa Syllabus - Spring 2009

Syllabus for a version of my transgender history class as taught in the Sexuality Studies Departm... more

Gender Variance: Historical Developments and Modern Realities - University of Iowa Syllabus - Fall 2008

Syllabus for a version of my transgender history class as taught in the Sexuality Studies Departm... more

Gender Variance Through the Ages - University of Iowa Syllabus - Fall 2008

Syllabus for the transgender history course that I designed - as taught in the fall semester of 2008

Gender Variance Through the Ages - University of Iowa Syllabus - Spring 2008

Syllabus for the transgender history course that I designed - as taught in the fall semester of 2... more

Gender Variance Through the Ages - University of Iowa Syllabus - Spring 2006

Syllabus for the transgender history course that I designed - as taught in the spring semester of... more

Gender Variance Through the Ages - University of Iowa Syllabus - Fall 2005

Syllabus for the transgender history class that I designed and taught in the fall semester of 2005.

History of Western Civilization III - University of Iowa Discussion Section Syllabus - Spring 2005

The syllabus for the three sections of Western Civilization III that I taught in the Spring 2005 ... more