Anna Kirkland Headshot

Anna Kirkland

Kim Lane Scheppele Collegiate Professor of Women’s and Gender Studies and Arthur F. Thurnau Professor, University of Michigan-Ann Arbor
Chapter Member: Michigan SSN

About Anna

Kirkland is an interdisciplinary scholar of law and politics in the contemporary United States with a focus on rights claiming; health; and discrimination. She studies how ordinary people mobilize law and rights claims to make political claims about what they deserve and what harms to them should be officially recognized. Her research has explored topics such as whether weight discrimination in the workplace should be illegal and how claims to vaccine injury should be handled. She has offered testimony to the Massachusetts legislature in their consideration of a weight-based civil rights bill and submitted an expert witness brief in the Michigan same sex marriage case; DeBoer v. Snyder (2014); as well as advised the CDC and immunization advocacy groups about the activities of the anti-vaccine movement.

In the News

Guest on The Jabot Podcast, July 3, 2025.
Quoted by in "Dispute Over Charter Reveals Much about Power," Post Bulletin, March 22, 2018.
Quoted by Anders Kelto in "Are the Vaccine Court's Requirements Too Strict?," Morning Edition, June 3, 2015.
Quoted by Anders Kelto in "Vaccine Court Aims to Protect Patients and Vaccines," National Public Radio: All Things Considered, June 2, 2015.
Opinion: "Expand Legal Protections to Include Weight," Anna Kirkland, New York Times, November 29, 2011.

Publications

Health Care Civil Rights: How Discrimination Law Fails Patients (University of California Press, 2025).

Examines civil rights protections from discrimination in the American health care system and in health care interactions, focusing on gender identity discrimination.  

"Physicians as Political Pawns — The Texas Directive on Gender-Affirming Care and Other Moves," New England Journal of Medicine 386, no. 13 (2022).

Examines how efforts to prohibit gender-affirming care place physicians’ duties to avoid discrimination, protect privacy, meet standards of care, fulfill reporting requirements, and avoid committing crimes in direct conflict with one another.

"Civil Rights as Patient Experience: How Healthcare Organizations Handle Discrimination Complaints" (with Mikell Hyman). Law and Society Review 55, no. 2 (2021): 273-275.

Find that many hospitals treat discrimination complaints more like customer service problems than civil rights violations, which can weaken protections for patients facing discrimination.

"Health insurance rights and access to health care for trans people: The social construction of medical necessity" (with Shauhin Talesh and Angela K. Perone). Law & Society Review 53, no. 4 (2021): 539-562.

Examined how insurance companies and health care systems define “medical necessity” for gender-affirming care, showing that unclear rules and inconsistent interpretations often create major barriers for transgender patients seeking treatment.

"Dropdown rights: Categorizing transgender discrimination in healthcare technologies" Social Science and Medicine 289 (2021).

Shows how health care software and complaint systems can hide or minimize discrimination against transgender patients, making civil rights protections harder to enforce in practice.

"Transition Coverage and Clarity in Self-Insured Corporate Health Insurance Benefit Plans" (with Shauhin Talesh and Angela K Perone). Transgender Health 6, no. 4 (2021): 207-216.

Analyzes population data to show that researchers need better methods for counting and studying transgender populations, and that current estimates likely understate the true size and diversity of the community.

"Use science to stop sexual harassment in higher education" (with Kathryn B. H. Clancy and Lilia M. Cortina ). Proceedings of the National Academy of Sciences 117, no. 34 (2020): 22614-22618.

Argues that colleges and universities rely too heavily on complaint systems, legal compliance, and one-time trainings that do little to prevent sexual harassment. Instead, the authors call for evidence-based approaches that address campus culture, power imbalances, and the conditions that allow harassment to persist.

"Health Coverage and Care for Transgender People — Threats and Opportunities" (with Daphna Stroumsa). New England Journal of Medicine 383, no. 25 (2020).

Shows how laws, insurance policies, and government regulations shape whether transgender people can get the care they need. The authors argue that stronger legal protections and broader insurance coverage are critical to reducing discrimination and improving access to gender-affirming care.

"Power and Persuasion in the Vaccine Debates: An Analysis of Political Efforts and Outcomes in the States, 1998-2012" (with Denise Lillvis and Anna Frick). Milbank Quarterly 92, no. 3 (2014): 475-508.

Draws on an analysis of every vaccine-related bill introduced in all 50 states from 1998 to 2012 to argue that the anti-vaccine movement has not had a major legislative victory since 2003, though the movement mobilized effectively to block adverse legislation until 2011. Predicts the 2015 California legislation restricting philosophical exemptions to school vaccine requirements.

Vaccine Court: The Law and Politics of Injury (New York University Press, 2016).

Explores how activists and government actors come to know, identify, and compensate for vaccine injuries, and what recent debates over vaccine safety reveal about democratic engagement with volatile scientific questions in the contemporary United States.

"Critical Perspectives on Wellness" Journal of Health Politics, Policy, and Law 39, no. 5 (2014): 971-988.

Criticizes wellness programs in employment for their moralism and potential as drivers of discrimination, especially on the basis of disability, pregnancy, or weight, in the context of the Affordable Care Act’s expansion of wellness incentives and punitive measures.

"The Legitimacy of Vaccine Critics: What’s Left after Autism?" Journal of Health Policy, Politics and Law 37, no. 1 (2012): 69-97.

Analyzes the underlying ideologies, political commitments, and organizational histories of the most prominent groups advocating against vaccination and for the hypothesis that vaccines cause autism.

"Credibility Battles in the Autism Litigation" Social Studies of Science 42, no. 2 (2012): 237-261.

Describes the claims in our no-fault vaccine court that vaccine caused autism in several representative test cases, detailing exactly how the scientific basis for the claims failed.

Fat Rights: Dilemmas of Difference and Personhood (New York University Press, 2008).

Analyzes discrimination law by asking, what if we wanted to add weight to anti-discrimination laws? Argues that while weight discrimination is unfair, our anti-discrimination laws do not provide very robust grounds for protections because they are so individualized, difficult to use, and limited in scope.