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Originally Posted by easygoingfemme
Sidebar question I have pondered with my partner:
If a female identified person has top surgery, can they legally walk around topless? Because that would be *awesome*.
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I don't know what our lawbooks say, but cultural norms would suggest, yes.
I think it is the chest, not the identity that determines these things. Our society equals male chest with male, I think. I think the typical observer would assume the person to be male, regardless as their other secondary sex characteristics. We are so programmed to the gender binary when it comes to breasts and genitals.
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If it is based on male versus female, it would come down to the person's legal gender marker. I believe that most States (not all), will allow a gender marker change after top surgery. Standard practice is for the top surgery surgeon to give you a letter saying that you should be deemed male due to having top surgery. One takes that letter to court.
But, lets say the "law" about being topless in your county is based on your sex. Picture the transitioning FTM, full beard, top surgery completed, on the topless beach, but hasn't gone to court yet for the gender marker change. If it is based on sex, then it would be just as illegal for him to be topless as the full-breasted, cisgendered female sitting next to him. Crazy, huh?