By Julie A. Greenberg, a professor at Thomas Jefferson School of Law
The term "intersex" evokes diverse images, typically of people who are both male and female or neither male nor female. Neither vision is accurate. The millions of people with an intersex condition, or a DSD (difference of sex development), are men and women whose sex chromosomes, gonads, or sex anatomy do not fit clearly into the male/female binary norm. Until recently, intersex conditions were shrouded in shame and secrecy; many adults were unaware that they had been born with an intersex condition and those who did know were advised to hide the truth. Current medical protocols and societal treatment of people with a DSD are based on false stereotypes about sex, gender, sexual orientation, gender identity, and disability, which create unique challenges to framing effective legal claims and building a strong cohesive movement. (For some of my earlier work on this topic, see http://ssrn.com/author=252410.)
Intersexuality and the Law: Why Sex Matters examines the role that legal institutions can play in protecting the rights of people with a DSD. The first part of the book explains the sex, gender, and disability assumptions underlying the current medical protocol for the treatment of infants born with an intersex condition. Although most intersex conditions are not disabling, pose no physical risk, and require no medical intervention, infants with these conditions often are subjected to invasive cosmetic surgeries to alter their genitalia so that their bodies conform to a binary sex norm. These surgeries provide no medical benefit and have not been proven to enhance the child’s psychological well-being, but they can lead to a number of problems. They can render women incapable of experiencing an orgasm. They may also result in infection, scarring, incontinence, and other severe physical complications and emotional trauma.
The major goal of the intersex movement is to challenge these medical practices. In addition, the intersex movement is also concerned that people with an intersex condition whose gender identity does not match the sex assigned to them at birth will face the same legal obstacles confronting transgender people. Sometimes, government authorities refuse to recognize their self-identified gender as their legal sex for purposes of marriage, identity documents, and appropriate housing and restroom use.
The intersex movement is small and underfunded. Mounting effective legal challenges to these discriminatory practices will be difficult and will likely require support from other progressive movements sharing similar concerns. Given the gender, sexual orientation, and disability presumptions underlying current practices, the intersex movement could adopt a number of legal frameworks and form a variety of alliances with other social justice movements to accomplish its goals.
Thus far, alliance building efforts have not been as effective as they could be. Feminists, especially those who are concerned about female genital cutting as it is practiced in non-Western nations, have failed to acknowledge the similarities between these practices and cosmetic genital surgeries performed on infants with an intersex condition in Western nations. In addition, feminists have failed to incorporate concerns about these surgeries in their agendas despite the gender stereotypes that are relied upon to support the protocols.
LGBT organizations have supported intersex organizations financially and provided guidance to leaders of the nascent intersex movement. They have not, however, prioritized the issues facing the intersex community and sometimes they have failed to recognize that the rhetoric they use to advance rights for gays, lesbians, and especially transgender people may inadvertently harm members of the intersex community.
The critical disability movement could be a natural ally of the intersex movement. Disability laws could provide a useful framework for protecting people with an intersex condition. Some people with an intersex condition, however, have resisted joining forces with the critical disability movement. They have rejected terminology that refers to them as “disordered” and do not want to be identified with a disability movement.
Intersexuality and the Law: Why Sex Matters examines the struggles the intersex movement is facing in framing its legal arguments and building alliances. It discusses the coalition building problems encountered by a number of other progressive social justice movements and compares them to similar problems facing the intersex movement. It concludes by suggesting that activists concerned about ending subordination and marginalization of people whose bodies or activities do not fit societal norms work together to create more effective advocacy strategies.
It all boils down to
It all boils down to stereotypes. People are quick to judge and lash out their indifference. - Mendel Mintz
Greenberg mixes together the
Greenberg mixes together the law and commentary with poignant vignettes of real people struggling with a system that was not designed to deal with this unique situation. Technomate tm500
After reading plastic turning
After reading plastic turning I thought it was very informative. Thank you for taking the time and effort to put this article together. I find myself once again spending way to much time to both read and comment. But so what it was still worth it!
Intersex and Alliances
The contention that LGBT alliances with Intersex is somehow flawed and may inadvertently lead to "Harm" for the intersex community needs more than a nearly self-referential link to Emi Koyoma an acquaintance and ally of the author and one time intern with the now defunct ISNA with whom the author is associated.
In the only countries where Intersex have won rights at law and protections in anti-discrimination legislation , those changes have been won with the close alliance within the LGBTIQ movement. (South Africa and Australia most notable but also somewhat in Canada) So far disability rights activists not only have never argued for Intersex rights they, like most others including feminists, never have and show no inclination to do so. Given the authors contention that Intersex leads to no disability the connection with this rights movement in particular is disconcerting. The use of Disorders in describing differences that cause no disability or illness, as she contends, is likewise puzzling. The connection with pathologising language and stigma and then to poor mental health outcomes seems to stand in disobedience to her use of language.
In addressing the need for alliances Intersex have understood the nature of our oppression as essentially homophobic . Both the author and others from the now defunct ISNA recognised Homophobia as the significant first source of our oppression, it is from that perspective Intersex will fight. Our natural allies have always been LGBTQ . To supose that disability is a perspective we should embrace in fact legitimises the stigmatising language used against us such as "disorders" and "conditions” ( see Davis 2011 Turner 1999 et al ) and even the reparative surgeries, given that disability is not averse to 'cures". (it being reasonably supposed that a limbless person is better served with limbs and that all efforts should be made to achieve that is essential the same proposition that a vagina less woman would be better served with a vagina and all efforts should be made to achieve that) . There is a strong and healthy alliance with LGBTIQ worldwide as the international confrence of Intersex activists held in Brussels last year and hosted by ILGA demonstrates.
The author needs to make significant non-self-referential arguments, based on actual events and law ,that demonstrate just how LGBT rights movements have harmed intersex if this proposition is not to be interpreted as essentially homophobic.
We would contend that the lack of progress in achieving Intersex rights in the United states is more likely contingent on the high prevalence of Homophobia and an Inclination for intersex organisations in that country to be dominated by non Intersex medical and academic theorists , the collapse of any Intersex support organisations because of the failure of the ISNA to be a representative and Inclusive Intersex membership based organisation , and the disastrous disempowerment of the Intersex movement in the United States as a consequence of the 2006 consensus statement in which medicine once again attempted to seize control of non-conforming bodies to reinforce sex binaries by reefing us as 'disorders"
OII the largest constituent Intersex organisation in the world holds very strongly that alliances with LGBTI are helpful and that Intersex are best served within alliances of that nature. We have in fact succeeded in having Intersex rights recognised because of such alliances.
Gina Wilson, Quit pretending
Gina Wilson,
Quit pretending to be intersex and sucking intersex people into your perverted perversion. You do not Represent Intersex and you are nothing more than a Transsexual pretending to intersex. It's why your kind is never welcomed or supported by intersex people.
An important contribution
I am colleague of Professor Greenberg and have had the privilege to see her work on intersex culminate in this new book.
This is an important book -- not only for the intersex and legal communities -- but also for anyone interested in sexuality, gender and social justice. Greenberg mixes together the law and commentary with poignant vignettes of real people struggling with a system that was not designed to deal with this unique situation. Greenberg writes in a way that is accessible not only for the lay person but with enough depth to interest legal scholars and legal practitioners. Kudos on providing this resource.
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