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Author:

Bhakti Ananda Goswami, board member, OII

“Some sociologists and legal experts have suggested that eligibility for new ID cards or other benefits might require a physical exam and test to see how claimants urinate.”

This ’suggestion’ by “sociologists and legal experts” is appalling in its anti-scientific ignorance. Objective scientists and biologists know that human beings cannot be divided into any discrete/distinct category of male or female based upon how they urinate, or anything else! Humans are generally, but not exclusively, sex-dimorphic or strictly sex-differentiated as male or female. Thus, realistically/scientifically speaking, there is no way to create some artificial system to categorize them as strictly male or female.

The news article quoted above addresses some of the problems faced by intersex people in Pakistan, who have a feminine gender identity and expression.
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The nation’s hijra community – mostly eunuchs and hermaphrodites – has long lived on the margins in the Muslim nation, barely tolerated and more often abused. A new ruling gives its members some rights. …

Los Angeles Times: A small victory for Pakistan's transgenders

Los Angeles Times: A small victory for Pakistan's transgenders

The court decision to bolster transgender rights, however, has raised questions of what it means to be a hijra. The term refers to a born eunuch or hermaphrodite, a group seen as marginally acceptable because their birth was God’s will. But many others even less well-regarded in society – homosexuals, transvestites, bisexuals and transsexuals – also claim hijra status. …

Some sociologists and legal experts have suggested that eligibility for new ID cards or other benefits might require a physical exam and test to see how claimants urinate.

Editorial comment:

Thereby setting up yet another set of castes and further discrimination. Some “victory”!

Consider the possibilities – those who sit to pee, those who stand to pee, those who mostly stand but sometimes sit according to circumstances, those who mostly sit but will stand when they have to due to a lack of apparatus to sit and pee upon, ad infinitum.

The multitude of variations, each with their specific rights and privileges or lack of them, will surely give birth to a whole new layer of bureaucracy.

Where will it end? Will it ever end? Why do these people even bother?

Persecution is persecution whatever name it is given at the time.

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It has been proposed by some human rights activists that a new term be coined to encompass all varieties of diversity in sex, gender and sexual orientation. The acronym for that term is GLB(SGD)Q, standing for Gay, Lesbian, Bisexual (Sex & Gender Diverse), Queer.

I am uneasy with this acronym though I understand why it is used and have listened to the arguments for its adoption.

GLB(SGD)Q - yet another 'all-inclusive' acronym that in fact excludes intersex yet again.

GLB(SGD)Q - yet another 'all-inclusive' acronym that in fact excludes intersex yet again.

Intersex has a long history of social erasure. The surgery that is sometimes performed on us as infants is an attempt to erase that child’s intersex. The notion by medicine and society at large is that intersex is a disease or “medical condition” that is amenable to being “cured”.

We Reject the Notion of a ‘Condition’

OII Australia rejects the use of “condition” in connection with intersex because of its association with medicine and disease.

Such terminology is used in disability and disability legislation. Intersex is not a disability despite being thought of as such by many people. If people referred to a homosexual condition or a lesbian condition then there would be a tidal wave of protest. Michael Kirby has a homosexual condition? Tony Abbott has a heart condition? Gina Wilson has an intersex condition?

The forced gendering of intersex from the time of Herculine Barbin to the present is likewise an attempt at a cure, an attempt to erase sex differences that fall outside sex binary expectations.

Gendering is likewise an attempt to erase intersex. Intersex are gendered at birth and we cannot be sexed because our sex is unknown. The whole reason for surgery and subsequent medical interventions is to try and predict whether we will be penetrators or penetrated in heteronormative sexual relationships. The fear our differences provoke is therefore homophobic.

Intersex First Proposed in 1903

Intersex as a term was first proposed by Goldschmidt in the first edition of Endocrinology published in 1903.

The term was introduced to replace the wildly inaccurate use of hermaphrodite and pseudo-hermaphrodite that were then used by the scientific community to describe sex differences that were in no way hermaphroditic.

From that time on we have had an accurate way of describing sex difference in place of one that more properly means the possessor of complete possession for male and female reproductive parts that can allow both male and female reproduction in a single individual.

We always use worms, snails and so on as examples of real hermaphrodites. An example of a pseudo-hermaphrodite in nature is the grouper which is female when young and male when older. This fish possesses both male and female parts, however they are not simultaneously active as they are in an hermaphrodite.

‘Hermaphrodite’ is an Insult

We were referred to as hermaphrodites both inaccurately and quite insultingly in medicine, but not in science, until the late seventies when intersex started to become the preferred term.

It has been a long, hard slog since then for intersex to not only have the term adopted but to have it accepted as a way of describing our differences and a way of effectively connecting ourselves to bring about political change.

It is our way of unerasing our anatomical differences from the mainstream psyche.

Medicine goes on the Attack

When medicine became aware of activism by intersex there was considerable consternation within that fraternity.

Intersex activism challenges medicine’s right to decide who is male or female – they won’t decide on something else because they don’t want that possibility to exist – to perform non-consensual experimental cosmetic surgery on infants’ genitals, to construct generalized medical paradigms where the possession of certain chromosomes dictates their right to designate sex, to evade prosecution because those they treat have no rights outside of the sex and/or gender binaries.

To assuage its anxiety about intersex activism, medicine decided to do what they have always done to us and that is erase intersex.

In 2006 medicine coined a new term, “Disorders of Sexual Development” aka DSD, to replace intersex. Intersex, to medicine, then became a small group of disaffected individuals who rejected their birth assignment or transsexuals who were so self-loathing they pretended to intersex differences. I consider the latter position, which I come across frequently, to be homophobic. Transphobia is a clone of homophobia.

A Double Erasure

So we have a double erasure. First the attempt to cure us and erase our physical differences then the discussion to replace the word that describes us with one that cannot be used to effectively call for human rights without admitting to a “disorder” or a “medical condition”, both repulsive to most intersex.

By adopting the term expressed in the acronym GLB(SGD)Q its supporters have, in attempting to be inclusive, achieved the erasure of intersex yet again, just like all their predecessors. “Sex, sexuality and gender diversity” is not a phrase that immediately brings intersex into the minds of people. We have worked long and hard to raise awareness of intersex, and we have only succeeded in the last five years or so in getting it used by mainstream media and having it reported as that.

Within the LGBT community we still face huge obstacles in having intersex included and not excluded as is its habit. This month the ILGA has accepted intersex as have NSW and Victorian GLRL. This has happened because of the huge efforts by intersex around the world to get intersex inclusion and to get allies for our cause and support from similar disaffected minorities.

Intersex rights might be included in legislation that used words such as those that AHRC Commissioner Innes described – by the way he absolutely refused to include intersex in his Sex Files: the legal recognition of sex in documents and government records project and refused dialogue with intersex organizations in writing his white paper about us – but we will only be included with certainty if the word intersex is used.

Yet More Exclusion a Vital Issue for Intersex

It may seem a small thing or a big thing to the GLB(SGD)Q enthusiasts – I don’t know. It is a significant issue for intersex.

I recently read an article by Bayne McGregor decrying the lack of inclusion in LGBTI for those who reject the sex/gender binary but are not intersex. I understand this needs to be addressed in some way. I reject the notion that it can be addressed by erasing intersex from LGBTI. GLB(SGD)Q does not represent us – it hides us in a term nobody understands. It feels very much like DSD to me.

We have battled all of our lives to get people to understand intersex and use that word to describe us. We have battled for years to get LGBT organizations to include us, to use the acronym LGBTI, and to use the word intersex and to know what that means.

I will support a term that can describe non-binary sex and/or gender but not if that means intersex is erased in an attempt to find an all-encompassing term.

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NSW Births Deaths and Marriages then issued the ‘Sex Not Specified’ Details Recognition Certificate in accordance with recommendations made by the Australian Human Rights Commission’s 2009 report on the legal rights of sex and gender diverse people proposing a greater scope of legal recognition be used beyond male and female for certain individuals.
The Scavenger: Sex not specified: Australia leads the way with legal document

The Scavenger: Sex not specified: Australia leads the way with legal document

“This decision now has fundamental ramifications for neuter and intersex identified individuals in that they no longer have to be forced to live as male or female,” said Tracie O’Keefe, spokesperson for SAGE.

“Furthermore it is an enormous legal breakthrough for the rights of intersex children whose doctors and parents are confused about their sex at births and that they could be registered as ‘Sex Not Specified’ until they decide what sex would be right for them,” O’Keefe continued.

“Many intersex children have been forced into male and female identities, when not medically necessary, which they later felt were incorrect, including unnecessary brutal surgery to give them stereotypical looking genitalia, often leaving them without sensation or function.”

Editorial comment:

“Intersex identified?” Sorry, but intersex is not an ‘identity’. Intersex is a biological fact.

Please leave intersex people out of identity politics. Intersex is anatomical differences and thinking that intersex has any connection to identity politics simply muddies the waters.

That aside, OII Australia is pleased that Norrie has received the first ‘Sex Not Specified’ Details Recognition Certificate and is grateful to NSW Births Deaths and Marriages for issuing it.

In doing so, NSW BDM has recognized the fact that not all human beings consider themselves a part of the sex binary.

The notion that this offers some kind of solution to parents of an intersex child misapprehends intersex and the problems faced by both the parents and children in this situation.

OII Australia does not agree that the identity of a child should be battled out on an already contested body. Children should be given a ‘conditional’ assignment of male or female and gender neutral names. When the child decides then they can then change their birth certificate under already existing regulations that allow for a change of designators because of a mistaken assignment at the time of birth.

A seven or eight year old child does not need to be saddled with a birth certificate that declares their difference in a society that currently struggles with such differences and threatens those who have them. This is not dissimilar to having BASTARD stamped across a birth certificate. Parents and child alike do not need the burden of such a document when they already face their own internal prejudices and those of the community around them. Intersex are aware from the time they learn of their differences that they have unacceptable bodies.

It is one thing for a cogent and strong activist to opt out of the sex/gender binary and make it so in law. It is another thing entirely to expect a seven or eight year old to understand these issues and to face down the prejudice such a document would engender.

OII Australia is interested to know if this sex non-designator is available to everyone or is it only available to those who can show medical and/or anatomical non-binary inclusion. If it is not available to all people we consider it analogous to creating a third sex for those who have physical differences of sex. OII Australia opposes the creation of such a category.

OII Australia also notes this is not a change of a birth certificate, simply the provision of an official recognition. Just how a child or parent could use such a document is unclear. Intersex have the right to have their primary documents changed in NSW under current arrangements and for the vast majority of intersex that is adequate.

The document in question is a “recognition certificate” and as such is similar to the UK “gender recognition certificate”. OII Australia considers both to be inadequate. Although it might be seen by some as a step forward – that has not proved to be the case in the UK – OII Australia stands for the removal of all sex designators from birth certificates.

We support “Not Specified” as a sex designator so long as it is available to all and that it is on the birth certificate itself. If that were the case then we would encourage all people to do away with the sex designators on their birth certificates.

External link:

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“Before, we knew we got fewer males than we should have, and we got hermaphrodites. Now, we have clearly shown that many of these animals are sex-reversed males,” Hayes said. “We have animals that are females, in the sense that they behave like females: They have estrogen, lay eggs, they mate with other males. Atrazine has caused a hormonal imbalance that has made them develop into the wrong sex, in terms of their genetic constitution.” …

TS-Si: Hormone Disruption By Atrazine Pesticide

TS-Si: Hormone Disruption By Atrazine Pesticide

“What people have to realize is that, just as with taking pharmaceuticals, they have to decide whether the benefits outweigh the costs,” he [Dr Tyrone B. Hayes] said. “Not every frog or every human will be affected by atrazine, but do you want to take a chance, what with all the other things that we know atrazine does, not just to humans but to rodents and frogs and fish?” …

External links:

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The World Health Organization estimates that 100 million to 140 million women worldwide, but especially in northern and central Africa, have endured female genital mutilation, or FGM.

Usually done to girls before age 15, the practice involves at least slicing off part or all of the exposed clitoris. In some cultures, the cutting is more extensive, and disfiguring. It’s done occasionally by health care practitioners but most often by an older female relative.

A lot of people inflict the damage. …

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Urgency Required: Gay and Lesbian Rights are Human Rights is an admirable and timely project in the form of a book, through which the authors provide a comprehensive exploration of the state of LGBT rights worldwide. The book takes as it’s reference point the 2006 Yogyarkarta Principles, the premise of which is that gay and lesbian rights are human rights. The book is divided roughly into three sections: a historical perspective and exploration of concepts and terminology around same-sex intimacy and transgender; a discussion on the struggle for ‘Gay and Lesbian’ rights (LGBTIQ) in Africa, Asia and Latin America; and a section that explores the range of strategies for furthering gay and lesbian rights and equality.

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OII Australia attended the presentation by New Zealand artist Rebecca Swan at the Australian Centre for Photography (ACP) on Thursday, 4th March.

Ms Swan spoke about her project Assume Nothing. One of her subjects in this project is New Zealand intersex activist Mani Bruce Mitchell.
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International Women's Day 2010 Sydney March, Saturday 6th March

International Women's Day 2010 Sydney March, Saturday 6th March, poster.

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The Nation: The parts of a woman

by admin on Saturday, 6 March, 2010

Society defines womanhood and decides who fits the role, but the question is how. Is being born with female genitalia requisite? Nature won’t be so easily categorised, and people are born with the genitals of both sexes, or neither, more often than you might think.

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Op/Ed: Sexism is the Issue with the IOC

by gina on Friday, 5 March, 2010

The issue with the IOC – International Olympic Committee – is sexism and every woman should be outraged.Why?

Physical advantage

Every gold medallist since the beginning of the modern Olympics, and most likely those in the old Olympics has a physical advantage over his competitors. The underlying prejudice in the current situation is that ‘male’ physical advantage is acceptable within the sex binary paradigm, even a delightful sign of machismo and sexual prowess, so long as the person with that advantage is thought to be a ‘man’.
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NZ Photographer Rebecca Swan Talks Shop at the ACP in Sydney

3 March 2010

New Zealand photographer Rebecca Swan will be talking shop at the ACP – Australian Centre for Photography – tomorrow, Thursday 4th March, between 6pm and 8pm.
The ACP is located at 257 Oxford Street, Paddington in Sydney, NSW.
Rebecca is known for her book and exhibition titled Assume Nothing, which includes at least one intersex [...]

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