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Winner of the 2013 Bullough Award presented by the Foundation for the Scientific Study of Sexuality 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 DSD (disorder of sex development), are men or 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 an intersex condition are based upon 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. In Intersexuality and the Law, Julie A. Greenberg examines the role that legal institutions can play in protecting the rights of people with an intersex condition. She also explores the relationship between the intersex movement and other social justice movements that have effectively utilized legal strategies to challenge similar discriminatory practices. She discusses the feasibility of forming effective alliances and developing mutually beneficial legal arguments with feminists, LGBT organizations, and disability rights advocates to eradicate the discrimination suffered by these marginalized groups.
This book addresses intersex rights violations and analyses intersex people’s legal demands as expressed by intersex activists themselves and delivered through statements and reports issued by intersex rights organisations, the United Nations and the Council of Europe. Intersex people are born with sex characteristics that do not fit typical notions of male or female bodies, as a result of which they are stigmatised, marginalised and denied the recognition of their fundamental rights. Often, they are subjected to involuntary and harmful sex “normalising” surgeries at birth, which violate their bodily integrity, self-determination and informed consent, so as to comply with societal and legal norms. Moreover, binary legal frameworks prevent them from enjoying the rights to access identification documents, start a family, or be free from discrimination in all areas including employment and sports. To elaborate on intersex violations that emanate from binary laws, this book examines the situation of intersex rights in regional jurisdictions worldwide and within the European Union in particular. In the process, it identifies current legal barriers and suggests how intersex people could be accommodated under legal frameworks and achieve sex/gender equality beyond binary definitions.
This collection of 21 articles is designed to serve as a state-of-the art reference book for intersexuals, their parents, health care professionals, ethics committee members, and anyone interested in problems associated with intersexuality. It fills an important need because of its uniqueness as an interdisciplinary effort, bringing together not just urologists and endocrinologists, but gynecologists, psychiatrists, psychologists, lawyers, theologians, gender theorists, medical historians, and philosophers. Most contributors are well-known experts on intersexuality in their respective fields. The book is also unique in that it is also an international effort, including authors from England, the Netherlands, Germany, Australia, India, Canada and the United States. The book begins with introductory chapters on the etiology of intersex conditions, conceptual clarification, legal issues, and reflections about the inherent characteristics of medical care that have led up to the issues we face today and explain the resistance to change in traditional practices. Researchers provide recent data on gender identity, surgical outcomes, and appropriate clinical care. Issues never having been addressed are introduced. The significance of intersexuality for Christianity and for philosophical concerns with authenticity add further depth to the collection. The final chapters deal with future possibilities in the treatment of intersex and for intersex advocacy.
Until very recently, the legal gender of a person-both at birth and later in life-in virtually all jurisdictions had to be recorded as either male or female; most laws simply did not allow any other option. However, there are many cases where this gender binary is unable to capture the reality of a person's gender identity. In 2013, Germany became the first Western jurisdiction in modern times to introduce legislation allowing a person's gender to be recorded as 'indeterminate' at birth and thus give them a legal gender status other than male or female. However, despite good intentions, this legislation has proved problematic in many ways and is subject to pertinent criticism. Several other jurisdictions are now beginning to react to challenges to the gender binary. The Legal Status of Intersex Persons provides a basis for discussions surrounding law reform in this area. It contains contributions from medical, psychological, and theological perspectives, as well as national legal perspectives from Germany, Malta, Australia, India, the Netherlands, Columbia, Sweden, France, and the USA. It explores international human rights aspects of intersex legal recognition, and it features chapters on private international law and legal history. [Subject: Human Rights Law, Gender & the Law, Private International Law, Legal History]
This book considers the situation of intersex people who have faced erasure in the areas of science, law, culture, and theology due to the assumption that all humans are either ‘female’ or ‘male.’ Centered in interviews conducted with German intersex Christians, this book argues that moving from a paradigm of sexual dimorphism to sexual polymorphism will help promote the full humanity and flourishing of intersex people by creating a world where intersex individuals are no longer coerced and/or forced to undergo non-consensual, medically unnecessary treatment, no longer experience human rights violations because of their lack of legal protection, no longer feel inhuman and Other due to epistemic injustice that stems from socio-cultural norms and stereotypes, are no longer told they are not made in God’s image as a result of a sexually dimorphic understanding of Genesis 1:27, and no longer feel excluded and invisible in worship services that do not recognize them. This combination of the practical and the spiritual allows for a reconsideration of the medical treatment and pastoral care that should be available to intersex people. This book will be helpful to those in the disciplines of science, law, culture, and theology, particularly those in gender and theological studies and those already in and studying for lay and ordained ministry.
This book takes both transgender and intersex positions into account and asks about commonalities and strategic alliances in terms of knowledge, theory, philosophy, art, and life experience. It strikes a balance between works on literature, film, photography, sports, law, and general theory, bringing together humanistic and social science approaches. Horlacher adopts a non-hierarchical perspective and asks how transgender and intersex issues are conceptualized from a variety of different viewpoints and to what extent artistic and creative discourses offer their own uniquely relevant forms of knowledge and expression.
Presents an overview of the research, clinical insights, and ethical dilemmas relevant to clinicians who treat intersex youth and their families. Exploring gender development from a cross-cultural perspective, scholar Cohen-Kettenis and practitioner Pfäfflin focus on assessment, diagnosis, and treatment issues. To bridge research and practical application, they include numerous case studies and definitions of relevant terminology. The volume begins with an overview of typical and atypical development with regard to sexual differentiation and gender identity, then goes on to discuss the clinical management of intersex conditions and gender problems. Legal issues relating to intersexuality and transsexualism also are discussed.
What does it mean to be gay, lesbian¿or anyone else considered a sexual ¿other¿¿in the arena of competitive sports? With what consequences? The authors of Sexual Minorities in Sports shed light on the dynamics of sexual prejudice in venues ranging from high school athletics to the Olympics and the major leagues. Case studies of the experiences of LGBT athletes, coaches, and administrators also take account of the important role of race. Empirically rich and full of theoretical insights, the book concludes by pinpointing opportunities for confronting prejudice and empowering individuals across the lines of both gender and sexual orientation.
Revised and Expanded Edition Wait—what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.
Charts a faithful theological middle course through complex sexual issues How different are men and women? When does it matter to us -- or to God? Are male and female the only two options? In Sex Difference in Christian Theology Megan DeFranza explores such questions in light of the Bible, theology, and science. Many Christians, entrenched in culture wars over sexual ethics, are either ignorant of the existence of intersex persons or avoid the inherent challenge they bring to the assumption that everybody is born after the pattern of either Adam or Eve. DeFranza argues, from a conservative theological standpoint, that all people are made in the image of God -- male, female, and intersex -- and that we must listen to and learn from the voices of the intersexed among us.