Tuesday, June 28, 2016

Intersex Athletes of the Times

The NY Times Magazine is running a story on the binary sex policing of intersex athletes. Well, I should say, intersex woman athletes--nobody is testing to find out if men who are competing in international sporting competitions have intersex traits. Because what is really at stake here is ideology, not fact. And that ideology is that sex is binary when it is really a spectrum, and that the line being drawn between women and men is dividing lesser people from greater ones. Intersex men, framed not as "real men" but as lesser, are seen as pathetic. But intersex women are portrayed as unduly powerful, and a threat.

It's time for me to write another post on intersex athletes, as Dutee Chand's case is in the news. Because this issue keeps coming up. Because we, intersex people, continue to be out there, and contemporary Western society continues to frame us as violating the order of things, instead of a part of the natural order.

It's strange, the way we in the contemporary West collapse all the variety in human bodies into a sex binary. We're used to a trick of mind that allows us to say and believe "men are taller than women," while encountering plenty of women who are taller than plenty of men. Height, you see, is a spectrum, but the sexed-height-difference we speak of references just average heights. We ignore the spectrum and speak of the average difference when distinguishing women and men. Now, there are adult men who are under three feet tall, and there are men over eight feet tall. That's a five-foot range of difference. The difference in average height between women and men in the U.S. is five inches--a tiny amount in comparison. And this is true of all physical sex characteristics, including not just height or lung capacity or average hand size, but genital configuration and levels of sex hormones. The characteristics run along a spectrum, but we speak of them as a binary: "men's hands are bigger than women's" and "men have higher testosterone than women." The range of differences within a socially-imposed binary sex category is huge, while the average difference between those categorized as men and women is small. And the overlap between women and men is wide.

People of all sexes typically produce testosterone and estrogen and progesterone, and our bodies rely on all of them--though you might not know this by the way we say all the time that "men have testosterone and women have estrogen." You might imagine doctors and scientists would think less magically than laypeople when it comes to the idea that "T is for boys and E is for girls." After all, they should be aware of facts like estrogen being needed not just for ovulation in women, but also for spermatogenesis in men. But no. Doctors and scientists consulting with the Olympics have been speaking of testosterone in very magical ways. They have decided upon a "normal female range" of testosterone, and banned women who naturally produce more from competing.

Consider these facts:

1. Men competing in elite international sporting competitions do not have limits placed on how much testosterone they naturally produce. Women who produce higher-than-typical amounts of testosterone are treated as "cheating," men who do are not.

2. Actually, when studied, it turns out that 17% of elite male athletes have testosterone levels below the bottom of the "male range." These men are not disqualified as "cheating by being intersex." They aren't regulated at all, probably because it's presumed that their low testosterone must be a disadvantage. Yet these men with low testosterone are not lesser athletes; they are just as extraordinary in their performance as the men with typical testosterone levels. This illustrates how there's no direct relationship between the amount of testosterone a person produces and their athletic abilities.

3. Bodies vary widely in how sensitive they are to testosterone. Some intersex women have "complete androgen insensitivity syndrome." These are individuals with XY chromosomes who are born with female-typical genitalia due to their body's inability to respond to testosterone. They have internal testes where most women have ovaries, and these produce testosterone at puberty, but their bodies can't use it, so they develop breasts like other typical girls do, not beards. And focus on this fact: their bodies are insensitive to testosterone. The idea that they have some sort of athletic advantage due to having higher testosterone than typical girls is ridiculous--because they can't respond to testosterone.

4. People do not compete in athletic competitions using their genitals. Yet as the Times article discusses, girls with large clitorises are being told to submit to surgery to remove the "excess tissue" if they want to compete in the Olympics. When similar surgeries are performed on girls with average-sized clitorises for social reasons, this is deemed the outrage of female genital mutilation by the international community. Why is it acceptable to impose this on intersex girls? And what could be more magical thinking than saying that how your genitals look determines how fast you can run? By this logic, the longer the penis, the faster a man can run.

5. All Olympic athletes have atypical bodies. As one Olympian says in the article, they're all "freaks of nature." They may be endowed naturally with atypical levels of fast-twitch muscle, or unusually flexible joints, or huge hands, or extraordinarily long legs. We do not police these biological differences, or require that to compete in the Olympics, you must have an average body. We don't randomly pick citizens of each nation to compete in international sporting events--we get to see average people running for the bus all the time. We don't find this exciting, and it's the very atypicality of elite athletes' bodies that enthralls us. It's only this very specific type of atypicality--being a woman with hormonal or genital or chromosomal variance--that has been policed. And it's policed intensively, intrusively, punitively.

6.  The "science" being used today to exclude intersex women athletes is as amazingly full of biases and magical beliefs and unsupported assertions as it was many decades ago. Consider this: scientists testifying as to the supposed necessity of continuing to police intersex bodies recently claimed that a woman competing in Olympic track and field events is 140 times more likely to have a Y chromosome than the rest of the population. This is ludicrous, because we have no idea how many women in the general population have Y chromosomes. We don't test the general population for this--only women competing in elite athletic events. Right now, all over the world, there are millions of intersex people who have no idea of their intersex status--it's not like you can see your chromosomes. 

7. This reminds me of the magical thinking that went into the "supermale" theory in the 1950s and 60s. Scientists discovered that some men had XYY chromosomes, and decided that if one Y chromosome makes you a man, two must make you hypermasculine. So they went around testing the chromosomes of men who were imprisoned or institutionalized, and lo! they found out that a significant number had XYY chromosomes. There was a media frenzy about the powerful, predatory XYY superman. Only. . . nobody had done a comparison study. It turns out that when you test men who are not imprisoned or institutionalized, the same number have XYY chromosomes. Men with XYY chromosomes don't produce more testosterone than XY men. They aren't stronger, or more aggressive, or hairier. You're much more likely to be a sweet, tubby old history teacher than a serial killer if you are an XYY man.

What all of this makes clear is that scientists and doctors are just as immersed in our culture as anyone else. And our culture has been deeply invested in an ideology that sex is a binary--and that by virtue of being a male, a person is stronger, faster, more dominant, more assertive. It may be 2016, but our society continues to view women athletes as suspect, because they are strong, fast, and highly competitive. What is really at stake is patriarchy, and its positioning of men as superior to women. Powerful, nonconforming women still get pushback in the form of sex and gender policing, through street harassment, or poor work evaluations, or medical surveillance. And so we continue to scrutinize the bodies of women athletes, and to punish those whose bodies are deemed "too male" in certain ways. While we acknowledge that height is a spectrum, we insist that hormone levels require a no-gender's-land between acceptably female and acceptably male. And really, it would make no less sense to tell every woman athlete that women cannot be taller than 5'9", and that taller women must have their leg bones reduced until their height is in the female range or be banned from competition.

Sex and gender policing always pretend to be protecting "real women" from "fake ones" who would somehow hurt them. But in fact, they boil down to preserving the power that has been given to people categorized as male, by insisting that "real women" are vulnerable, small, submissive, weak.

Sex is a spectrum. Bodies don't cheat. If we really, truly, actually believed that testosterone levels determined ability, then we would test athletes of all genders and assign them to competition classes by testosterone levels. (The outcome of such a practice would immediately falsify the ridiculous premise.) If we really, truly believed that the size of the phalloclitoris corresponds to athletic ability, then we'd have the competition classes "small clitoris, medium clitoris, large clitoris, intermediate phalloclitoris, small penis, medium penis, large penis." That would be ludicrous, but would at least have the upside of being equally humiliating to men as it has been for all the women who have been forced to face genital inspections to get their "gender certificates" over the years.

Since sex is a spectrum, the division of it into a binary will always be arbitrary. We've been trying to hide the fact that sex is a spectrum, but it's time to grow up. And that means we have two choices. If we really think that bodily characteristics must define competition groups, then stop dividing athletes into men's and women's sports, and create competition classes based on leg length, or lung capacity, or body mass, or flexibility, or whatever is most central to a given sport. Or, if we insist on continuing to separate sports into binary gender categories, then stop policing the bodily characteristics of athletes. People who identify and live as women should compete as such, and the same for those who identify and live as men. People with nonbinary gender identities would have to just flip a coin or something, which would be cruel to them, but at least we would have stopped forcing people to submit to genital surgery they didn't want in order to run.

Dutee Chand was assigned female at birth and has always lived and identified as a woman. She has overcome amazing barriers to reach her level of competition, growing up in extreme poverty and running barefoot with no way to afford even a pair of sneakers. She is only 5 feet tall, and competing against women gifted by genetics and nutrition with much longer legs. To say she has an unfair advantage against her competitors because her higher-than-average testosterone level for a woman trumps all the advantages they have over her is ridiculous. Let Dutee run.

(P.S.--Whenever I post on this topic, inevitably I get an outcry from people who believe that simply letting people compete in their lived genders would mean that cis women would be pushed out of sports, which would be overrun with "men pretending to be women." This is the hysteria that has always driven sex policing in sporting competitions. It completely ignores reality. Cis men do not want to live their lives as women. Trans women face huge amounts of social stigma and violence that nobody wants to experience, and that negatively impact their ability to train or compete. And no one is proposing that a person who has lived their whole lives as a man can announce they identify as a woman and run in the women's marathon the next week, then say "oops, changed my mind" after they have a medal in hand. The rules for international sporting competitions in fact actively address this, by saying that in order to compete in women's athletics, a trans woman must have legally gender transitioned (a slow process), and continue to live as a woman for a least four years before any records or medals she wins are permanently awarded. So please, just let go of the myth that the humiliation and exclusion of intersex and trans women is necessary to protect innocent and deserving women from some ominous threat.)

Wednesday, February 25, 2015

When Intersex People are Collateral Damage in Transphobic Battles

As intersex people, we have to deal with a host of issues because our bodies lie between the socially-expected bodily norms of male and female. Our bodies are treated as disordered, as problems to be solved by the medical profession. Doctors and people on the street alike treat intersexuality as freakish and fascinating, both intriguing and repellent.  Our bodies are surgically altered without our consent as children, and we must live with the lifelong aftereffects of limited sensation and ongoing genital atypicality. We are taught to view our differences as shameful and to keep them secret. Very often we hesitate to enter romantic relationships, fearing rejection because our bodies challenge the very ideas of heterosexuality and homosexuality through which most people understand themselves. We may be pursued, however, by sexual fetishists.

It's a lot to deal with, for many of us.  And then, on top of the challenges we're already facing, we find ourselves targeted by people who don't even recognize we exist: transphobic activists.

Today, trans gender people are making some social progress in securing protection from discrimination--but they face resistance. A central tactic of those who oppose trans gender rights in the U.S. is to propose legislation prohibiting trans people from using particular gendered facilities such as bathrooms, changing rooms, or locker rooms. Those proposing the legislation argue that the new law will protect  (cis) women and children from being harassed, attacked by sexual predators, or made to feel unsafe or uncomfortable.  Now, we should note a couple of things--first of all, proposed laws like these are aimed at trans women and girls--not even trans men, let alone intersex people. Those drafting the legislation clearly aren't imagining the situation in which an intersex teen using a school locker room is greeted by uncomfortable stares, or imagining that a trans man using a men's bathroom will make cis men flee the facility in fear. The proposed laws are transmisogynist: aimed at trans women, who are framed as "really men" who are some sort of sexual perverts. Secondly, sexual harassment and assault are already illegal, in bathrooms or elsewhere, so the only thing the proposed legislation actually accomplishes is to transform informal policing of the ideology of the sex/gender binary into formal policing. Those whose bodies don't clearly conform to expectations for what a woman's body is "supposed" to look like now become literal criminals.

But the drafters of transphobic bathroom laws run into a problem. People police binary sex/gender norms all the time, but they do so informally. The drafters have to come up with objective language to put into their proposed legislation.  Early efforts banning people from using bathrooms tended to require a person challenged upon entering a gendered bathroom to show ID with that gender listed on it. Of course, as part of the process of gender transition, large numbers of trans people have the gender listed on their driver's license or other ID changed. So the transphobic activists proposing these laws switched to using language of "birth certificate sex." But in some states, people who medically gender transition are able to change the sex listed on their birth certificate.

And that's why recent proposed bathroom-exclusionary language has moved to requiring people who use gendered facilities to have a matching "biological sex at birth" or even matching binary genotype of XX or XY.

Now, all forms of sex-policing bathroom bills, while aimed at trans people, are bad for at least some intersex people who are ipso gender (that is, who identify with the binary sex they were assigned at birth). An intersex person may be assigned female at birth, and identify as a woman, but have substantial amounts of bodily and facial hair, leading her to have to deal with a lot of sex and gender policing. Such an individual is likely to face many of the same issues of bias and outrage that visibly trans women encounter when they try to use women's bathrooms.

But the bills making it illegal to use a single-sex bathroom unless one was born with the anatomy expected for people of that sex basically declare it illegal for intersex people--by definition born with bodies that are neither male nor female--to use gendered bathrooms at all.

Further, the Texas law basing bathroom use on genotype specifically states, "If the individual's gender [sic] established at the individual's birth is not the same as the individual's gender [sic] established by the individual's chromosomes," that their gender for bathroom-use purposes would be determined by chromosomes. Just think about what this means for, say, a woman with CAIS, complete androgen insensitivity syndrome. She is born with female-typical external genitalia and assigned female at birth. She's raised as a girl and identifies as one.  At puberty she develops breasts, but no menstrual cycle, and it's only when tests are done to determine why that she finds out she has XY chromosomes, no uterus, and internal testes (whose testosterone her body cannot respond to). The Texas law tells her she must use the men's room, because her Y chromosome trumps her physical appearance, genitalia, birth certificate, sex of rearing and gender identity.  This law is telling her she is "really" a man.  If she uses a women's room, it's a class-A misdemeanor for which she could get a year in jail. And if her employer finds out she has CAIS--something that her medical records reveal--well, then, if he lets her repeatedly use the women's bathroom at work, then he is committing a felony, punishable by two years in jail and a $10,000 fine.

So what should we as intersex people do about this?

It's very unlikely that we are the intended targets of these proposed laws--we're just collateral damage. Some may argue that few ipso gender intersex people look androgynous enough to trigger enforcement--that nobody's going to call the cops on us.  But some of us *are* physically androgynous and genitally different and regularly have to cope with gender-policing. Furthermore, it's now becoming popular to have provisions in bathroom-panic legislation that either put employers and facility owners at risk of fines, like the Texas law, or give third parties who see a person of the "wrong sex" in the bathroom, locker room, etc. the right to sue the school or business and get guaranteed recompense. For example, high school students in Kentucky who see a student whose sex is "incorrect" in the bathroom or locker room would be entitled to sue the school for $2500 for each time they catch the student in the facility.

Imagine what could happen to an intersex high school child in Kentucky who has a visible genital difference under a scheme in which classmates could earn $2500 each time they complained they saw their "incorrect" genitals.

These proposed laws give people a financial incentive to scrutinize our intersex bodily differences and to report them to authorities. They give employers and businesses a financial incentive to increase their sex and gender policing, lest they face a fine.  They are a bad thing for us.

Now, one solution some might propose would be to educate transphobic legislators about the difference between intersexuality and transsexuality. We could ask that the laws being proposed include exemptions for people born intersex, based on the presumption that if transphobic lawmakers understood what intersexuality is, they would express sympathy rather than bigotry toward us.

I think not only is this naively optimistic, but that it would be a terrible mistake.

Now, I acknowledge that relations between the intersex and trans communities are not always the best.  I validate the complaints of many intersex people that trans people are quick to use evidence of our existence to try to break down the ideology of immutable binary sex/gender--but slow to act as allies, and understand our community's needs, and include us appropriately in their antidiscrimination regulatory proposals.

But I believe we must consider trans issues to be our issues.  Firstly, because the portion of the intersex community that gender transitions is much higher than the proportion of nonintersex people who gender transition. There are a lot of intersex trans folks--like myself, like my spouse--who are active in the intersex community.

Beyond that, it's rational for us to stand side by side with nonintersex trans folks in battles like these precisely because we are impacted just as they are. So many people in our society think intersex people are trans people that transphobia constantly impacts us, even those of us who are ipso gender rather than trans.  We are fighting against our own mistreatment.

Ultimately, I believe that even those of us who, pragmatically speaking, are likely never to be personally impacted by bathroom-panic laws--because our bodies and genitals and birth certificates and chromosomes and gender identities all fortunately align and our intersex differences are not visible--all of us should stand against transphobic laws. We should do so as ethical human beings, opposed to all inequality and bias, not just those forms of bigotry that negatively impact us personally.

Now, all that said, I need to have a word with our trans allies, with whom I hope our community will stand. And that is: please, nonintersex trans people out there, don't try to use us without including us. Though we're taking collateral damage, we're not the primary targets in the bathroom wars.  If you think that femme CAIS women would make great mouthpieces for delivering talking points about how cruelly these laws would impact "innocent" women like them (and I've seen the calls and requests), fine.  But don't use members of our community or the very idea of intersexuality as a way to win your battles--without making an equal effort to fight for our rights, especially the right of intersex people to be free of unconsented-to surgery.

With all these things said--intersex and trans siblings, let's stand together against sex and gender policing laws.

Tuesday, September 9, 2014

Trans-Exclusionary Radical Feminists and Intersex Experience

Recently I spent several days in a public internet group for "gender critical" people, after a few intersex friends voiced some positive things about this line of thinking.  Feminists who call themselves "gender critical" are a controversial bunch, but their critique of the term "cis gender" had caught the interest of some intersex people I respect.  The term "cis gender" is an awkward one to use in the context of intersex people, which was the subject of my last blog post.  So I wanted to approach this branch of feminism with an open mind, and see if there was theorizing or political advocacy I could use in my intersex work.  The group I joined promised respectful listening to people of varying beliefs, and banned personal attacks, so I had high hopes.

My hopes, I'm afraid, were naive.  The group turned out to be completely dominated by "TERFs," trans-exclusionary radical feminists, and when it came to intersex topics, not people I would consider good allies in the least.  So, since I know there are other intersex advocates who've presented "gender critical" politics in a positive light, I wanted to write a post about why I consider this a bad idea.

First, since I suspect that a good number of readers may be unfamiliar with the terms "gender critical" and "TERF," I will present an overview of the beliefs involved, in the form of a handy numbered-list primer.

A TERF Primer

1.  Calling themselves "radfems" or "gender-critical feminists," and named TERFs by radical-feminist-identified people who are not transphobic, these are cis women who oppose the inclusion of trans women in feminist organizations, women's spaces, and female facilities.  TERFs do not describe themselves as cis women, however, but as women-born-women, natal women, or (unmodified) women.  They assert that the terms "TERF" and "cis" are slurs.  Generally they just refer to one another in discussions as "feminists" and as "women," as if anyone who is a feminist would agree with all that they say, and as if their female status should go unmarked, as the normative or "real" female status.

2.  Trans-exclusionary radical feminists believe that sex is a natural binary, innate and immutable: men have penises, women have vaginas and uteri.  They note that gender is a relationship of power, in which men seek to control women's uteri, reproductive capacities and lives.  The ultimate expression of this patriarchy is the use of the penis to rape.  As a result, "gender critical feminists" make the strong claim that anyone who denies that sex is a binary and that genitals determine gender is ignoring the terrorizing of (natal/cis) women by rapists.

3.  TERFs argue that sex cannot be changed: trans women are really and eternally men, and trans men are really and eternally women.  Identifying with a gender that doesn't match one's genitals is a delusion or mental illness.  The phrase "gender critical" denotes being critical of (or more bluntly, rejecting) the concept of gender identity--most especially the fundamental precept of trans gender advocacy, which is that when gender identity and legal sex conflict, this provides pragmatic and ethical justification for a change of legal sex.

4.  TERFs deny that they are transphobic, and say they have compassion for men under the delusion that they are women, which they present as equivalent to believing one is really a horse or a space alien.  Dysphoria with one's body, they point out, is not a special characteristic of trans people, but a near-universal, and the solution is to accept one's body.  Accepting one's body means accepting that one cannot call oneself a woman while having a penis.  (Nor can sex be altered through genital reconstructive surgery , which is a radical mutilation to no purpose, as genes can't be changed and binary sex is essential.  But in most of the discussion threads I read, it was assumed that trans women all have penises, making them dangerous, as penises are rape weapons.  In fact, I've never read the word "penis" so often outside of a urology blog.)

5.  TERFs are not just binary sex essentialists, they also have a theory of gender socialization.  Their vision of gender socialization is bleak: boys are socialized to dominate, control, and rape women; girls are socialized to submit to this and embrace their oppressors and call this "femininity."  Clearly this is bad, and feminism is a movement of (natal/cis) women that teaches women to recognize and resist this programming.  Men, however, are presented as inevitably and eternally shaped by their socialization into patriarchy, as it advantages them.  Trans women are men, and while they may claim they do not enjoy being treated as men, this just illustrates their blindness to their own privilege.  Trans women are inevitably socialized to try to control "natal" women, as evidenced by their belief they should be able to force cis women into supporting their gender delusion and treating them as sisters.

6.  Thus, this conclusion about trans people: trans women are confused men, fetishists of the feminine, who are prompted by their male socialization to seek to control women--in this case, due to their delusion that they are women, to control feminism and women-born-women's spaces.  Trans men are less of a problem, since they pose no threat to anyone, lacking both penises and socialization into the role of the oppressor.  Trans men are just sad: women who don't understand that it's ok to be a butch woman or a lesbian, victims of Stockholm syndrome identifying with their oppressor.  Women who are deluded into thinking they are men should be pitied and exhorted to return to the fold.  But men who delude themselves that they are women are a serious problem.  They must be stopped: with exclusionary policies, taking back feminism from a trans-obsessed trend; by fighting antidiscrimination clauses that would let trans women and girls use women's bathrooms; through telling the world that supporting trans children in their identities is child abuse.

7.  Feminists who are trans allies and transfeminists counter each of these points.  They state that sex is not a natural binary, but naturally a spectrum (i.e., intersexuality happens).  They point out that many cis women lack uteri, yet are still considered women by everyone, even TERFs.  They note that gender socialization is complex and variable, that it is shaped by the gender with which one identifies, and that acknowledging both these facts is in no way a denial of the reality of patriarchy.  They assert that it is important, however, to acknowledge the intersectional nature of marginalization and privilege, and speak not just of patriarchy but of kyriarchy, taking into account race, age, sexual orientation, (dis)ability, and other dimensions along which power is distributed.  And one of these dimensions is the axis of cis privilege and trans marginalization.  Trans women--particularly those who are poor, of color, and/or have a disability--suffer huge levels of social stigma, violence, employment discrimination, etc.  Cis women need to acknowledge that while they are marginalized as women, they are privileged as cis people.

8.  TERFs respond to trans allies with anger.  They say trans allies are dupes, following a trend that counters basic logic, biology, nature, and the English language when they accept the idea that a person with a penis can be called female.  (Quoting the dictionary is popular to "prove" that genitals determine gender.)  They discount all the statistics about violence against trans women (and to a lesser extent trans men) as manufactured and overstated.  They assert that a woman can never oppress a man, and trans women actually being men, "natal" women cannot oppress them.  The TERFs repudiate being termed cis gender, equating the term "cis" with gender-conforming and unenlightened femininity, and regularly linking it to the violent phrase "die cis scum," which they assert is the core sentiment of men who think they are women, as if trans women's goal is to kill off all cis feminists so that trans women can have every feminist organization that exists all to themselves.  Finally, they equate acknowledging cis privilege with asserting a belief that women are not oppressed.

Intersex People and "Gender Critical" Politics

It's clear that I view TERFs, in a word, as bigots.  Their mission is to discriminate against and exclude a marginalized group.  I hoped I might encounter something less stark and more nuanced in the "gender critical"internet discussion group I joined, since some other intersex advocates have had some positive things to say.  But that's not what happened, and a couple of days spent reading and attempting to have conversations left me feeling depressed and sullied.  There were a few positive moments, but they were vastly outweighed by slogging through a lot of LOLing about how stupid a person must be to think they can call themselves female when they were born with a penis.

So, my first question is, why have a few intersex friends had anything good to say about TERFs?  I think I can point to a few things.

1.  The phrase "gender critical" sounds appealing.  My intersex friends are critical of the way sex and gender are understood and enforced in the contemporary West, since this involves unconsented-to surgery performed on intersex infants' genitalia with lifelong ramifications that can be quite negative (loss of genital sensation, loss of fertility, loss of a source of natural sex hormones, and sometimes assignment to a sex with which the child does not grow up to identify).  A group that says they critique gender from a feminist perspective certainly sounds like it would make a reasonable ally.

2.  Intersex people are often uncomfortable with the application of the terms "cis" and "trans" to intersex experience.  The terms apply very poorly because they presume that physical sex is binary (even if gender identities may be nonbinary).  That is, if a person is born genitally intermediate, surgically assigned female, and grows up to identify as a woman, is she "trans gender" because she was surgically genitally altered to become female, or "cis gender" because she identifies with the sex she was assigned at birth?  Either term winds up misrepresenting something about her experience.  (I've suggested the term "ipso gender" in my last post as an alternative.)  In any case, TERFs reject the term cis gender, and this may appeal to an intersex person frustrated with this terminology.

3.  In recent months, there have been a series of "mainstream" articles and online posts in which TERFs' positions have been sympathetically expressed.  For example, one article mentioned by an intersex friend critiqued the term "cis privilege" by caricaturing it as meaning "having a female body is a privilege."  Clearly this is false: because of patriarchy, female bodies are sexualized, framed as weak, and subjected to surveillance.  Tons of cis women don't enjoy getting periods or feeling constantly at risk of an unwanted pregnancy.  Having a female body is not a privilege--but it is also not how trans advocates define cis privilege at all.  Trans people actually define cis privilege as "the benefits one derives from being seen as a 'real' and 'natural' member of one's identified sex" (lack of public scrutiny of one's primary and secondary sex characteristics, being able to use a public bathroom with relative ease, having an ID that matches one's identity, etc.).  Nor do trans people deny, as the linked article claims, that cis people also suffer from gender policing.  Someone who identifies as a woman yet who is very butch can suffer from bathroom panic, and a male-identified person who is quite feminine may face a great deal of street harassment.  That is why trans advocates always fight for laws banning discrimination on the basis of gender identity or gender expression.  But if you read the linked article and took it at face value--why, the arguments of trans women sound regressive and ludicrous and enforcing of binary gender stereotypes.  Trans women are telling "natal" women their privilege is to enjoy being pretty and silent and submissive and having lots of babies, says the author!  If that were true, transfeminists really would be revealed to be patriarchal oppressors in disguise.  Only. . . it's not true.  It's a false characterization on par with saying that "feminists are man-haters."

OK, now we have some ideas about why intersex people might think that "gender critical" camp could be reasonable allies for intersex people.  The next question to address is what did I actually find TERFs to say about intersex issues when they were raised in group discussions?  Clearly the "gender crits" aren't trans allies, but are they nonetheless intersex ones?

The first thing I really want to acknowledge is that it's not all bad.  A couple of points came up where "gender critical" positions did align with intersex advocates'.  Most centrally, since TERFs believe that the "natural" sexed body should be accepted rather than medically altered, a good number of commenters were opposed to performing genital surgery on intersex infants, seeing it as mutilation.   That's a good thing.  And secondly, when I posted about Dutee Chand, an athlete who has been excluded from international sports due to sex-policing of her natural levels of testosterone, I found that at least in situations in which a person was born with vulva, raised as a girl, and has XX chromosomes, the TERF posters believed she should be allowed to compete in women's sports despite having testosterone levels that were considered "male."  Also good!

Well, those positions sound heartening!  Why then do I say that the "gender critical" partisans are not good allies for the intersex community?  Because of these numerous other positions of theirs:

1.  There was a total consensus among the trans-exclusionary feminists that sex is naturally a binary.  The fact that people are born sexually intermediate was somehow said not to undermine this assertion, because intersexuality was presented as a disorder, and, I was informed, "you can't take a disorder and call it a sex."  All intersex people were held to have a true binary sex.  While doctors shouldn't perform cosmetic genital surgery, TERFs asserted they should examine the infant and assign them to the correct binary sex on their birth certificates.  I was told that the correct sex would be based on capacity to reproduce in the "very rare" situations in which that would be possible without surgery, and otherwise on genes.

2.  Removing sex-markers from birth certificates generally, or making a preliminary sex marker amendable at will at maturity to M, F, or a nonbinary category--as suggested by intersex advocates--were thus framed as crazy.  It could confuse the child into believing they are members of a third sex, while "real" intersex people identify as women or men, discussants claimed.  It was presumed to be bad for intersex children, while encouraging trans genderqueer fantasies.  Since TERFs see gender identity as a sort of delusion or myth, the idea that families and society should allow the child to mature to develop and assert their own gender identity (male, female, or something else) is basically incomprehensible. 

3.  Nobody on the site at the time I was on it seemed aware what the result of the sex assignment scheme they described would be.  For example, people with CAIS, born with typical vulvae and developing female secondary sex characteristics at puberty if unaltered by gonadectomy, would be understood as permanently and naturally male, being infertile and having XY chromosomes.  Yet CAIS is often not diagnosed until late childhood or puberty, so either CAIS teens would be forced into gender transitions--a process the "gender crits" frame as impossible--or the TERFs would have to accept XY women.  Meanwhile, people born with a phallus fully masculinized by CAH would be permanently assigned female based on having XX chromosomes, while left surgically unaltered.  Given that the most central tenet of TERF politics is that a person with a penis cannot be female, this is a particularly strange outcome.

4.  I was surprised to find myself repeatedly informed that "intersexuality is a derail" when I raised concerns in conversations.  One reason for this is that being born intersex was framed as vanishingly rare.  Basically this argument held that half the population is made up of "natal women" under threat from men trans-deluded into thinking they have a right to enter women's spaces, while intersex issues only impact a handful of people, and concerns about a minor edge case shouldn't come to dominate a discussion about masses of women-born-women.

5.  The main reason I was told that TERF group members were "far beyond the point of reasonable frustration or tolerance for the intersex derail in conversations about gender identity" is that it was supposedly "only ever brought into conversations" as a distractor by men (that is, trans women) trying to deny the reality that genitals determine immutable binary gender, that "natal" women are oppressed rather than privileged, and that trans women are privileged rather than oppressed.  The fact that I, who am intersex and not a trans woman, was the person raising intersex issues was glossed over.   Intersexuality is presented as a straw man issue beloved by trans women.

6.  Another thing I was told is that most people claiming to be intersex are actually trans gender pretenders.  Now, I as an intersex advocate have spoken before about there being an issue of "intersex wannabes"out there, a problem for our community when they present physically-impossible stories--such as having been born with a full set of female reproductive organs and a full set of male ones--that contribute to disinformation.  But I do not appreciate being told that most people who say they are intersex are liars, and that the "tiny minority" of people who actually are intersex are being used by these men-who-caricature-women, proof that real intersex people should revile trans people.  I can make my own determinations about the true prevalence of intersex status, and who is supporting or exploiting me.  Not to mention that asserting that most people who identify as intersex are in fact lying itself contributes to disinformation about our community.

7.  The main situation in which intersex concerns were actually treated as relevant was in the context of discussions of trans-identified children.  (A particularly overwrought conversation in the group discussed an article which bore the blaring title "Toddler Aged 3 Assessed for Sex Change at London Clinic," which actually just reported that a 3-year-old was assessed for gender identity issues, not that the child was offered any sort of hormonal or surgical treatment.)  A claim made in the discussions of trans-identified children was that for parents to "indulge" this "fantasy" by bringing them to a clinic to be diagnosed, changing the pronoun they used to refer to the child, and/or having the gender marker on their ID changed was analogous to forcing genital surgery on intersex children, and thus a human rights violation that should be banned.  I don't see an analogy at all, but rather an inversion: forced genital surgery performed on infants violates their autonomy, while validating a child in their gender identity supports the child's autonomy.  I see TERFs appropriating intersex concerns about unconsented-to genital surgery to advance their goals.

So: I followed a recent suggestion that "gender critical" politics might be useful to intersex people, and spent several days reading posts and participating in a group for "gender critical" partisans.  What I found was something that left an awful taste in my mouth: a lot of transmisogyny, a denial of the lived reality of trans people of all genders, and an insistence on an immutable sex binarism that frames intersex people as disordered.  I was told that most people who say they are intersex are trans pretenders, using a tiny minority to advance their nefarious goal of insisting that gender identity should be respected and genitals treated as nobody's business other than the person bearing them and their intimate partners.  And I found the intersex community's concerns being co-opted to vilify parents who support their children in identifying with a gender other than that on their birth certificates.

They may call themselves by the intriguing moniker "gender critical," but I believe these trans-exclusionary feminists make very poor allies for the intersex community.

Tuesday, August 5, 2014

Cis Gender, Trans Gender, and Intersex

Today, the Intersex & the City blog asks, "Is it impossible for intersex people to be cisgender because it is impossible in society to live completely as in intersex person with no male or female legal checkbox?"

In my experience, what you find when speaking with intersex people about this is an interesting split based upon gender identity. Intersex people who do not identify with the binary sex they were coercively assigned at birth tend to see all intersex people as forced to live trans lives. Intersex people who do identify with the binary sex label they were given at birth instead generally see themselves as cis people, and only frame as trans gender those intersex people who gender transition or who assert a nonbinary gender identity.

Personally, as an intersex gender transitioner, I fall into the camp that does not view intersex people living in our society as cis gender, even if their gender identity matches their assigned sex. Intersex children are born neither male nor female, but are forced into a binary sex category by a contemporary social ideology that says this is mandatory. Many are then subjected to infant sex assignment surgery to try to make their bodies conform to their assigned sex. What is that other than a forced sex change? Just because a person grows up to identify with the sex they were assigned at birth does not mean they will feel surgeries they were subjected to were appropriate. Loss of potential fertility and loss of capacity for sexual sensation are prices that they may not consider worth the result of a somewhat-more-sex-conforming body--note that many people who gender transition by choice choose not to get genital surgery. Thus, I believe, framing medical interventions into the reproductive organs and genitals of intersex people as trans interventions, not "corrections," is important, as it will force doctors to give us agency over what is done to our bodies, and prevent them from removing the very sexual features we may most identify with.

The problem with my framework politically is that a majority of intersex people today do live in their assigned binary sexes, growing up as we do in a society in which that is the norm. The percentage of us who mature to gender transition or assert a nonbinary gender identity is much higher than is the case for nonintersex people, although we don't know the exact degree of the difference because doctors are emphatically not collecting data on us, their sex-assignment "failures." Still, a majority do live their lives in their assigned sexes (often completely in the closet about being born sex-variant, as doctors have urged parents to train their children to be). And most such people do not identify at all as "forced to live a transgender life."  That is, they identify as cis gender.

If someone says, "I was assigned female (or male) at birth, and I identify as female (or male)," then we usually call such a person cis gender. So intersex people who understand themselves as cis gender have a very valid basis for framing themselves that way. Certainly this is the way the medical field treats the situation, in claiming to assign us to what they used to call our "true" sex, and now call our "best" sex. Doctors view themselves not as imposing sex changes upon unconsenting infants, but as revealing our "real" binary (cis) sex.

I feel that understanding all intersex people who have been assigned a binary sex (which, in the US today, is all of us) as trans is useful, because it gives us a way to oppose unconsented-to infant genital surgeries. I view those intersex people who are happy in their assigned sexes as no different from people who are not intersex, but gender transition by choice and are happy as a result.

At the same time, I don't feel I have a right to tell an intersex person who identifies as cis gender that they can't do that.  After all, as trans gender advocates note, every person is coercively assigned to a binary sex at birth. A person who grows up to identify as genderqueer, or with the binary sex they were not assigned, is forced to struggle with medical and legal and social forces to have their identity recognized, whether sex variant by birth or born with a body considered normative.  So, viewing all cis people as coercively assigned to the sex with which they identify makes calling intersex people who identify with the sex they were assigned "cis gender" reasonable, from a trans-affirming perspective.  (Of course, many people are not trans-affirming, and transphobia can motivate rejection of being labeled trans gender.  But I do not believe it is either charitable or necessary to assume that an intersex person who identifies with their birth-assigned sex and rejects being labeled as trans is motivated by bigotry.)

I just feel that labeling anyone who is medically altered to change the sex characteristics of their body as trans makes the most sense, and is useful from an advocacy standpoint.


I've done some additional thinking about this topic, and would like to have people consider approaching gender identity in intersex people by acknowledging that we can never address intersex experience well through binary terminology.  What we may really need to do is to introduce another term.

what I would suggest doing is adding to the terms "cis" and "trans" another term often used in scientific terminology.  In chemistry, which gives us the language of cis and trans isomers, there are chemicals based upon a ring structure, called arene rings. When a chemical substitution is made in the same place on the ring, this is referred to as "ipso" substitution.

If we were to add the term "ipso gender" to trans and cis gender, we could perhaps describe intersex experience more accurately. A cis gender intersex person would be one with an intermediate gender identity, since that "matches" their birth sex. An ipso gender intersex person would identify with the binary sex they were medically assigned (the social sex substituted for their intersex birth status being the same as their identified sex). And a trans gender intersex person would be one who identifies with the binary sex other than the one they were assigned by doctors.

This terminology solution is not without its drawbacks. Usually people who are genderqueer in identity are considered to fall under the trans umbrella, but in the case of intersex people, they'd fall under the cis heading, which could prove confusing. But it's also possible that confusion would itself prove productive.

It's certainly worth considering.

Tuesday, April 29, 2014

On Eugenic Abortion of the Intersex

A century ago, eugenics, the science of breeding "better" humans, was considered the "queen of the sciences." Then came the Holocaust, in which millions of Jews, LGBT+ people, people with disabilities, "Gypsies" and others were murdered by the Germans in the name of purifying the Aryan race.

The first to be sent to the gas chambers were those deemed "lives not worth living": people with disabilities and "deformities."

Germany lost WW II, and afterwards, eugenics was abandoned in the polite sciences, and replaced with genetics. No longer was it considered ethical to speak of breeding better humans by eliminating "undesirables;" instead, genetics was to improve life by addressing itself to pure science or to curing medical suffering.

But eugenics never really went away, and it's operating today through various reproductive technologies such as selective implantation of embryos, and, quite commonly, through prenatal screening for "disorders," which are then "treated" via "therapeutic abortion." Among those characteristics that can been screened for and eliminated are those forms of intersexuality with a genetic origin.

Our medical ethicists today state that selective abortion of female embryos is unacceptable, because there is no medical condition, simply a social preference. Yet termination of pregnancies involving intersex fetuses is deemed ethical, because we are deemed disordered. In essence, this "ethical" position is that it's ok for doctors to select fetuses with disabilities for termination, as it's rational for us to be considered "lives not worth living."

OII Australia has submitted the following comment on guidelines for the use of assisted reproductive technologies in Australia, which you can find here. It argues that intersexuality is not a "disorder," but rather a natural variation. It further argues that medically selecting against intersex pregnancies is akin to selecting against female pregnancies, being based on social biases, and should be considered unethical.

I'm all for that, but I'd go further. I'm pro choice, and believe a pregnant individual should have the ability to terminate an early pregnancy at will, based on her assessment of her readiness and ability to carry a pregnancy to term. But I have grave moral reservations about eugenic abortion--a termination of a pregnancy based on the characteristics of the fetus as determined by doctors. Elective abortion at will relates to people's reproductive autonomy, but eugenic abortion focuses on what types of people are considered valuable or disposible. And, as someone who is Jewish, LGBT+, and intersex, I see a clear continuity between my being a candidate for the gas chamber were I living in Nazi Germany, and my being a candidate for selective abortion were I conceived today. I cannot countenance eugenics.

Thursday, April 10, 2014

Testosterone and the Sex Policing of Athletes' Bodies

New policies for Olympic and other international athletes set an upper limit to the amount of testosterone considered "normal" for a woman, and require those women who have natural levels of T that are higher than this to have medical interventions to lower their levels. If the women are found to be intersex, these interventions include surgical removal of their gonads, and (though this has NO relation to testosterone production) surgical reduction of their clitorises if these are deemed "enlarged."

This is just crazy. Some facts: first, levels of testosterone vary a lot. Tests of elite athletes show that about 17% of male athletes have testosterone in the "female range" and 14% of female athletes have testosterone in the "male range." Secondly, there is no direct correlation between levels of T and athletic performance; that's simplistic and nearly magical thinking. And third, it makes no sense to define the range of "normal" T levels for women very narrowly (15 - 70 ng/dL) and for men very broadly (300 -1,000 ng/dL), in essence saying that there's no such thing as a natural level of testosterone too high in a man, but there is such a thing for a woman.

Bodies vary a great deal. Why do we focus obsessively on policing the sexed body of athletes, rather than on other "abnormalities?" Basketball players are abnormally tall, which actually does enhance their performance. Many gymnasts are double-jointed and abnormally flexible. In fact, most any sport rewards people with atypical bodies, and we *celebrate* that. But when it comes to sex variance, a variation that is associated with high performance more in fantasy than in fact is suddenly subject to extreme bodily policing, and that's just wrong.

Saturday, December 21, 2013

A Seasonal Thought

Apparently 0.8% of American mothers report that they became pregnant as virgins.

The likelihood that some of these mothers had in fact had classical penile-vaginal intercourse, but didn't wish to report it, is indicated by the fact that these self-proclaimed virgin mothers were twice as likely to have taken an abstinence pledge than were other mothers.

But others of these virgin mothers were likely telling the technical truth: that they had not yet engaged in penetrative intercourse when they became pregnant. Sperm, you see, swim, and if they are deposited on the exterior of a person's body, they can make their way inward all by themselves. Thus, pregnancies regularly result from "outercourse."

As an intersex person, I think about this a lot, because doctors often claim that genital surgery is not cosmetic but functional, as without an "adequate" vagina or "repaired" penis, we will be infertile. To which my sophisticated academic rebuttal is: nuh uh! You need the right hormonal balance to go with the gametes, and some way in or out, but it certainly doesn't need to be a vagina that can "accept" a penis, or a phallus that is large and has the urethral opening at the tip.