Doing gender through juridical discourse: an interdisciplinary approach

This paper analyzes the Judgment of the Italian Constitutional Court No. 143/2024, from an interdisciplinary perspective, addressing the legal, philosophical, and psychological implications of non-binary gender identity. The research is structured into three sections: the first examines the legal context, framing the constitutional legitimacy issues raised and the systemic implications of the decision; the second explores the language of law, particularly its performativity, highlighting how the judgment may reflect and reinforce gender inequalities through normative interpretation and the tension between the letter and the justice of the law; the third investigates the psychosocial effects of the judgment, focusing on the impact of legal decisions on the construction of gender identity, the sense of belonging, and the dynamics of stigma and conflict. The research concludes with a reflection on current and future normative challenges, proposing an integrated approach to law that considers the psychological and social needs of the individuals involved. Finally, it emphasizes the importance of a shared European vision that respects gender diversity, fostering further developments in research and public policies.