Intersex rights in the United States
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Intersex Intersex people are individuals born with any of several sex characteristics including chromosome patterns, gonads, or genitals that, according to the Office of the United Nations High Commissioner for Human Rights, "do not fit typical b ...
people in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
have some of the same rights as other people, but with significant gaps, particularly in protection from non-consensual cosmetic medical interventions and violence, and protection from discrimination. Actions by intersex civil society organizations aim to eliminate harmful practices, promote social acceptance, and equality. In recent years, intersex activists have also secured some forms of legal recognition. Since April 11, 2022 US Passports give the sex/gender options of male, female and X by self determination.


History

Early accounts of intersex people in North America include those of English immigrant
Thomas(ine) Hall ? (Can't find online, and I'm not ordering a book from amazon for this) Taylor => Brown Brown => ? hort => ? Vaughan => ? Rose => ? Bridenbaugh => ? MSmith => reis2005 Floyd => ? reis2005 => reis2005 Here's some citations which I removed in try ...
, in 17th-century colonial Virginia and 19th-century
Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the ...
intersex man
Levi Suydam Levi Suydam was a property-holding intersex person who lived in the 19th century. In 1843, at a local election in Salisbury, Connecticut, Suydam was presented to the town selectmen as a male property holder, the requirements for being validated a ...
, pronounced male and so eligible to vote. Early
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
, like
canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is t ...
, held that hermaphrodites were to be treated as male or female depending on the prevailing sex. In September 2017, an intersex and
non-binary Non-binary and genderqueer are umbrella terms for gender identities that are not solely male or femaleidentities that are outside the gender binary. Non-binary identities fall under the transgender umbrella, since non-binary people typically ...
student, Scout Schultz was shot dead at the
Georgia Institute of Technology The Georgia Institute of Technology, commonly referred to as Georgia Tech or, in the state of Georgia, as Tech or The Institute, is a public research university and institute of technology in Atlanta, Georgia. Established in 1885, it is part ...
. In November 2017,
Betsy Driver Betsy Driver (born 1964) is the mayor of Flemington, New Jersey, and an advocate for intersex human rights and awareness. She is the first openly intersex person to be elected to office in the United States. Early life Driver was born in Buffalo, ...
became the first intersex person openly elected to public office in the United States. Driver was elected as a council person in the New Jersey city of Flemington. Driver is the second publicly intersex person elected to office, following Tony Briffa in Australia.


Intersex medical interventions

Since the mid-twentieth century, U.S. physicians have considered intersex status in infants a "psychosocial emergency" and performed "normalizing" or "reconstructive" genital surgery without considering non-surgical alternatives (e.g., counseling). When deciding whether to assign the intersex infant "male" or "female," the factors typically considered are potential for
fertility Fertility is the capability to produce offspring through reproduction following the onset of sexual maturity. The fertility rate is the average number of children born by a female during her lifetime and is quantified demographically. Ferti ...
and
sexual penetration Sexual penetration is the insertion of a body part or other object into a body orifice, such as the mouth, vagina or anus, as part of human sexual activity or animal sexual behavior. The term is most commonly used in statute law in the c ...
. These surgeries still continue in the U.S. today despite being medically unnecessary (that is, chiefly cosmetic) and potentially injurious to the patient's sexual pleasure.


The intersex movement

The U.S. intersex movement developed in the 1990s and 2000s, through the establishment of the
Intersex Society of North America The Intersex Society of North America (ISNA) was a non-profit advocacy group founded in 1993 by Cheryl Chase to end shame, secrecy, and unwanted genital surgeries.Matthews, Karen (Oct 22, 2000). Debate Grows Over Using Surgery on Infants with Amb ...
(ISNA) and the AIS Support Group USA (now called AISDSD) in the 1990s, and Advocates for Informed Choice (now
interACT Advocates for Informed Choice, doing business as, dba interACT or interACT Advocates for Intersex Youth, is a 501(c)(3) nonprofit organization using innovative strategies to advocate for the legal and human rights of children with intersex trai ...
), Bodies Like Ours, Intersex Initiative, and
Organisation Intersex International The Organisation Intersex International (OII) is a global advocacy and support group for people with intersex traits. According to Milton Diamond, it is the world's largest organization of intersex persons. A decentralised network, OII was founded ...
, (now the Intersex Campaign for Equality) in the following decade. The
Intersex Society of North America The Intersex Society of North America (ISNA) was a non-profit advocacy group founded in 1993 by Cheryl Chase to end shame, secrecy, and unwanted genital surgeries.Matthews, Karen (Oct 22, 2000). Debate Grows Over Using Surgery on Infants with Amb ...
(ISNA) was a non-profit advocacy group founded in 1993 by Cheryl Chase to end shame, secrecy, and unwanted genital surgeries.Matthews, Karen (Oct 22, 2000). Debate Grows Over Using Surgery on Infants with Ambiguous Genitals. ''
Los Angeles Times The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the ...
''
Murrell, Nancy (October 28, 1998). Intersex group raises questions about genital surgery. ''
Miami Herald The ''Miami Herald'' is an American daily newspaper owned by the McClatchy Company and headquartered in Doral, Florida, a city in western Miami-Dade County and the Miami metropolitan area, several miles west of Downtown Miami.Hackford-Peer, Kim (2005). Cheryl Chase Founds the Intersex Society of North America. in ''GLBT History, 1993-2004''; 2005, p28-30, 2p Amongst other activities, it published the journal '' Hermaphrodites with Attitude''. Intersex activism between the late 1990s and mid 2000s led from demonstrating outside a national pediatric conference, to speaking inside clinical conferences, and the first human rights investigation into medical "normalization", by the Human Rights Commission of the City and County of San Francisco. However, coercive
intersex medical interventions Intersex medical interventions, also known as intersex genital mutilations (IGM), are surgical, hormonal and other medical interventions performed to modify atypical or ambiguous genitalia and other sex characteristics, primarily for the purposes ...
persist. ISNA closed in June 2008 after supporting the creation of a new clinical term for intersex conditions,
Disorders of Sex Development Disorders of sex development (DSDs), also known as differences in sex development, diverse sex development and variations in sex characteristics (VSC), are congenital conditions affecting the reproductive system, in which development of chromoso ...
(DSD), albeit ambivalently as a means of opening "many more doors" and engaging with clinicians, and also supporting the establishment of a new organization, the
Accord Alliance Accord Alliance was founded in March 2008 to support a dialogue on intersex patients and their care. They are a hosted project of the Tides Center, an organization that supports non-profit groups. Their stated mission is to promote comprehensive ...
, set up to promote comprehensive and integrated approaches to healthcare. New organizations such as Intersex Campaign for Equality and
interACT Advocates for Informed Choice, doing business as, dba interACT or interACT Advocates for Intersex Youth, is a 501(c)(3) nonprofit organization using innovative strategies to advocate for the legal and human rights of children with intersex trai ...
were since established with civil and human rights goals. interACT has worked with MTV on the program '' Faking It'', notable for providing the first intersex main character in a television show, and television's first intersex character played by an intersex actor. In 2017, interACT worked with model
Hanne Gaby Odiele Hanne Gaby Odiele (born 8 October 1988) is a Belgian model. Early life Odiele was born on 8 October 1988 in Kortrijk, Belgium. They were born with an intersex condition called androgen insensitivity syndrome. As a child, Odiele underwent ...
to tackle social taboos.


Physical integrity and bodily autonomy


Demonstration and American Academy of Pediatrics statement

In October 1996, the
American Academy of Pediatrics The American Academy of Pediatrics (AAP) is an American professional association of pediatricians, headquartered in Itasca, Illinois. It maintains its Department of Federal Affairs office in Washington, D.C. Background The Academy was found ...
issued a press statement stating that: The statement was issued in response to the first public demonstration by intersex people and allies, outside the annual conference of the Academy, in Boston on October 26, 1996.
Morgan Holmes Morgan Holmes is a Canadian sociologist, author, and a professor at Wilfrid Laurier University, Ontario. She is also an intersex activist and writer, and former member of Intersex Society of North America. Holmes participated in the first public de ...
has written that the demonstration happened after activists
Max Beck Max Beck (1966January 12, 2008) was an American intersex advocate, active in the now-defunct Intersex Society of North America (ISNA). Max participated in the first known public demonstration against human rights violations on intersex people, ...
and Holmes were excluded from the conference. She states that the pair went to deliver an address, "on long-term outcomes and to challenging their still-prevailing opinion that cosmetic surgery to "fix" intersexed genitals was the best course of action", but were "met, officially, with hostility and were escorted out of the conference by security guards". The demonstration, by Beck and Holmes, with allies from Transexual Menace, is now marked as Intersex Awareness Day.


San Francisco Human Rights Commission report, 2005

A 2005 human rights investigation into the medical "normalization" of intersex people, by the
San Francisco Human Rights Commission The San Francisco Human Rights Commission (HRC) is a charter commission of the City and County of San Francisco that works to increase equality, eradicate discrimination, and to protect human rights for all people. The HRC enforces City Ordinance ...
is thought "likely to be the first human rights report into the treatment of intersex people, certainly in the English language."


Clinical shift to Disorders of Sex Development

In 2005, Cheryl Chase, Alice Dreger and others called for the replacement of the word "
hermaphrodite In reproductive biology, a hermaphrodite () is an organism that has both kinds of reproductive organs and can produce both gametes associated with male and female sexes. Many taxonomic groups of animals (mostly invertebrates) do not have ...
" with "
Disorders of Sex Development Disorders of sex development (DSDs), also known as differences in sex development, diverse sex development and variations in sex characteristics (VSC), are congenital conditions affecting the reproductive system, in which development of chromoso ...
" (DSD). Later the same year, a clinical "Intersex Consensus Meeting" of US and European pediatric endocrine societies adopted "DSD" as a replacement for both intersex and hermaphrodite in medical settings. The new language of Disorders of Sex Development was always contentious as was seen as pathologizing. Scholars and activists, such as Georgiann Davis, and
Morgan Holmes Morgan Holmes is a Canadian sociologist, author, and a professor at Wilfrid Laurier University, Ontario. She is also an intersex activist and writer, and former member of Intersex Society of North America. Holmes participated in the first public de ...
, Esther Morris Leidolf, and clinical psychologists like
Tiger Devore Tiger Devore, previously known as Howard Devore and Tiger Howard Devore, is a clinical psychologist, sex therapist, and spokesperson on intersex issues. He is a former member of the now defunct Intersex Society of North America. The historian Alic ...
regarded this shift as a retrenchment of medical authority over intersex bodies. In May 2016, interACT published a statement opposing pathologizing language to describe people born with intersex traits, recognizing "increasing general understanding and acceptance of the term "intersex"". Research by the
Lurie Children's Hospital Ann & Robert H. Lurie Children's Hospital of Chicago, formerly Children's Memorial Hospital and commonly known as Lurie Children's, is a nationally ranked pediatric acute care children's hospital located in Chicago, Illinois. The hospital has ...
, Chicago, and the AISDSD Support Group published in 2017 found that 80% of affected Support Group respondents "strongly liked, liked or felt neutral about intersex" as a term, while caregivers were less supportive. The hospital found that "disorders of sex development" terminology may negatively affect care, give offence, and result in lower attendance at medical clinics. The research results for "disorders of sex development" mirrored earlier results from a survey of a
congenital adrenal hyperplasia Congenital adrenal hyperplasia (CAH) is a group of autosomal recessive disorders characterized by impaired cortisol synthesis. It results from the deficiency of one of the five enzymes required for the synthesis of cortisol in the adrenal cortex ...
support group, the CARES Foundation.


International advocacy

In 2013, Pidgeon Pagonis testified for interACT before the
Inter-American Commission on Human Rights The Inter-American Commission on Human Rights (the IACHR or, in the three other official languages Spanish, French, and Portuguese CIDH, ''Comisión Interamericana de los Derechos Humanos'', ''Commission Interaméricaine des Droits de l'Homme'' ...
about the medical interventions they were subjected to as an intersex child, alongside Latin Americans
Mauro Cabral Mauro Cabral Grinspan, also known as Mauro Cabral, is an Argentinian intersex and trans activist, who serves as the executive director of GATE. A signatory of the Yogyakarta Principles, his work focuses on the reform of medical protocols and law ...
,
Natasha Jiménez Natasha Jiménez is a trans and intersex activist and author who is currently the General Coordinator for MULABI, Latin American Space for Sexualities and Rights, the first host of the Intersex Secretariat for ILGA. She is an advisory board memb ...
and Paula Machado. In 2014, Anne Tamar-Mattis was published on medical interventions as torture in healthcare settings, in a book by the Center for Human Rights & Humanitarian Law at
American University The American University (AU or American) is a private federally chartered research university in Washington, D.C. Its main campus spans 90 acres (36 ha) on Ward Circle, mostly in the Spring Valley neighborhood of Northwest D.C. AU was cha ...
Washington College of Law The American University Washington College of Law (AUWCL or WCL) is the law school of American University, a private research university in Washington, D.C. It is located on the western side of Tenley Circle in the Tenleytown section of nort ...
. In 2016, the United Nations Committee Against Torture asked the United States government to comment on reports of
intersex medical interventions Intersex medical interventions, also known as intersex genital mutilations (IGM), are surgical, hormonal and other medical interventions performed to modify atypical or ambiguous genitalia and other sex characteristics, primarily for the purposes ...
on infants and children, following submission of a report by interACT.


Surgeons General statement, 2017

In June 2017,
Joycelyn Elders Minnie Joycelyn Elders (born Minnie Lee Jones; August 13, 1933) is an American pediatrician and public health administrator who served as Surgeon General of the United States from 1993 to 1994. A vice admiral in the Public Health Service Commiss ...
,
David Satcher David Satcher, (born March 2, 1941) is an American physician, and public health administrator. He was a four-star admiral in the United States Public Health Service Commissioned Corps and served as the 10th Assistant Secretary for Health, and t ...
, and
Richard Carmona Richard Henry Carmona (born November 22, 1949) is an American physician, nurse, police officer, public health administrator, and politician. He was a vice admiral in the Public Health Service Commissioned Corps and served as the seventeenth Surg ...
, three former Surgeons General of the United States published a paper at the Palm Center, citing a State Department statement and developments in
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwee ...
,
Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
,
Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
,
Chile Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the eas ...
,
Argentina Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the List of South American countries by area, second-largest ...
, and
Malta Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...
, and calling for a rethink of early genital surgeries on children with intersex traits. The statement reflected on the history of such interventions, their rationales and outcomes, stating:


Human Rights Watch/interACT report on U.S. children, 2017

In July 2017,
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human ...
and
interACT Advocates for Informed Choice, doing business as, dba interACT or interACT Advocates for Intersex Youth, is a 501(c)(3) nonprofit organization using innovative strategies to advocate for the legal and human rights of children with intersex trai ...
published a report on medically unnecessary surgeries on intersex children, "I Want to Be Like Nature Made Me", based on interviews with intersex persons, families and physicians. The report states that: The report found that
intersex medical interventions Intersex medical interventions, also known as intersex genital mutilations (IGM), are surgical, hormonal and other medical interventions performed to modify atypical or ambiguous genitalia and other sex characteristics, primarily for the purposes ...
persist as default advice from doctors to parents, despite some change in some regions of the U.S. and claims of improved surgical techniques, resulting in an uneven situation where care differs and a lack of standards of care, but paradigms for care are still based on socio-cultural factors including expectations of "normality" and evidence in support of surgeries remains lacking. "Nearly every parent" in the study reported pressure for their children to undergo surgery, and many reported misinformation. The report calls for a ban on "surgical procedures that seek to alter the gonads, genitals, or internal sex organs of children with atypical sex characteristics too young to participate in the decision, when those procedures both carry a meaningful risk of harm and can be safely deferred." The report was acknowledged as an important contribution to research by the
American Academy of Pediatrics The American Academy of Pediatrics (AAP) is an American professional association of pediatricians, headquartered in Itasca, Illinois. It maintains its Department of Federal Affairs office in Washington, D.C. Background The Academy was found ...
.


Responses to developments

In a 2017 interview for ''Harper's Magazine'', Laurence Baskin, chief of pediatric urology at University of California, San Francisco, told journalist Sarah Topol "that he would recommend early surgery not just for 5-alpha but for 95 percent of known D.S.D. conditions ... Baskin classifies such operations as corrective surgeries, no different from fixing a cleft palate or clubfoot. "We basically treat them because they have a congenital anomaly"." In response to the 2017 Human Rights Watch report,
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. new ...
reported opposition to a ban by CARES Foundation, arguing that parents should be able to agree to surgeries to "reduce the size of the clitoris" without considering "moral and philosophical agendas". Kyle Knight of
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human ...
responded that there's no evidence of a health risk, and "There are limits to what parents can do to their kids".
interACT Advocates for Informed Choice, doing business as, dba interACT or interACT Advocates for Intersex Youth, is a 501(c)(3) nonprofit organization using innovative strategies to advocate for the legal and human rights of children with intersex trai ...
states that they are "unaware of any jurisdiction in the U.S. that enforces its own FGM laws in cases where the girl undergoing clitoral cutting has an intersex trait". In November 2016, GLMA: Health Professionals Advancing LGBT Equality passed a new policy position on patients with differences in sex development, recommending "delay of any surgical interventions and gender-related medical interventions for DSD that are not deemed medically necessary". Associated Press reported in July 2017 that the
American Medical Association The American Medical Association (AMA) is a professional association and lobbying group of physicians and medical students. Founded in 1847, it is headquartered in Chicago, Illinois. Membership was approximately 240,000 in 2016. The AMA's sta ...
Board of Trustees is considering a policy statement "urging doctors to defer intersex surgery on infants and young children" "except when life-threatening circumstances require emergency intervention". On August 28, 2018, California became the first U.S. State to condemn nonconsensual surgeries on intersex children, in Resolution SCR-110.


Remedies and claims for compensation


M.C. v. Aaronson

The case of ''M.C. v. Aaronson'', advanced by
interACT Advocates for Informed Choice, doing business as, dba interACT or interACT Advocates for Intersex Youth, is a 501(c)(3) nonprofit organization using innovative strategies to advocate for the legal and human rights of children with intersex trai ...
with the
Southern Poverty Law Center The Southern Poverty Law Center (SPLC) is an American 501(c)(3) nonprofit legal advocacy organization specializing in civil rights and public interest litigation. Based in Montgomery, Alabama, it is known for its legal cases against white ...
was brought before the courts in 2013. The child in the case was born in December 2004 with ovotestes, initially determined as male, but subsequently assigned female and placed in the care of South Carolina Department of Social Services in February 2005. Physicians responsible for M.C. initially concluded that surgery was not urgent or necessary and M.C. had potential to identify as male or female, but, in April 2006, M.C. was subjected to feminizing medical interventions. He was adopted in December 2006. Aged 8 at the time the case was taken, he now identifies as male. The Southern Poverty Law Center states: "In M.C.'s condition, there is no way to tell whether the child will ultimately identify as a boy or a girl. Instead, the doctors decided to assign M.C. female and change his body to fit their stereotype of how a girl should look." The defendant in the case, Dr Ian Aaronson, had written in 2001 that "feminizing genitoplasty on an infant who might eventually identify herself as a boy would be catastrophic". The defendants sought to dismiss the case and seek a defense of qualified immunity, but these were denied by the District Court for the District of South Carolina. In January 2015, the Court of Appeals for the Fourth Circuit reversed this decision and dismissed the complaint, stating that, "it did not "mean to diminish the severe harm that M.C. claims to have suffered" but that a reasonable official in 2006 did not have fair warning from then-existing precedent that performing sex assignment surgery on sixteen-month-old M.C. violated a clearly established constitutional right." The Court did not rule on whether or not the surgery violated M.C.'s constitutional rights. State suits were subsequently filed. In July 2017, it was reported that the case had been settled out of court by the Medical University of South Carolina for $440,000. The University denied negligence, but agreed to a "compromise" settlement to avoid "costs of litigation."


Protection from discrimination

In May 2016, the
United States Department of Health and Human Services The United States Department of Health and Human Services (HHS) is a cabinet-level executive branch department of the U.S. federal government created to protect the health of all Americans and providing essential human services. Its motto is ...
issued a statement explaining Section 1557 of the
Affordable Care Act The Affordable Care Act (ACA), formally known as the Patient Protection and Affordable Care Act and colloquially known as Obamacare, is a landmark U.S. federal statute enacted by the 111th United States Congress and signed into law by Pres ...
stating that the Act prohibits "discrimination on the basis of intersex traits or atypical sex characteristics" in publicly funded healthcare, as part of a prohibition of discrimination "on the basis of sex". Intersex persons are also protected by the
Americans with Disabilities Act The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964 ...
. In 2017, interACT submitted an
amicus curiae An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision o ...
in the matter of Gavin Grimm (''
G.G. v. Gloucester County School Board ''G.G. v. Gloucester County School Board'' is a case dealing with transgender rights. The case involves a transgender boy attending a Virginia high school, who sued the local school board after he was forced to use girls' restrooms based on his a ...
'') regarding protections in education for issues of gender identity under Title IX. The submission stated that the Gloucester County School Board held a "simplistic view of "physiological" sex
hat A hat is a head covering which is worn for various reasons, including protection against weather conditions, ceremonial reasons such as university graduation, religious reasons, safety, or as a fashion accessory. Hats which incorporate mecha ...
is demonstrably inaccurate as a matter of human biology. Moreover, it demeans many thousands of intersex youth by erasing their bodies and lives and placing them outside the recognition of the law".


Identification documents


Third sex classifications

On Intersex Awareness Day (October 26) 2015,
Lambda Legal Lambda Legal Defense and Education Fund, better known as Lambda Legal, is an American civil rights organization that focuses on lesbian, gay, bisexual, and transgender (LGBT) communities as well as people living with HIV/AIDS ( PWAs) through imp ...
filed a federal discrimination lawsuit against the
United States Department of State The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other na ...
for denying
non-binary Non-binary and genderqueer are umbrella terms for gender identities that are not solely male or femaleidentities that are outside the gender binary. Non-binary identities fall under the transgender umbrella, since non-binary people typically ...
intersex navy veteran, Dana Zzyym, Associate Director of Intersex Campaign for Equality, a passport. On November 22, 2016, the District Court for the District of Colorado ruled in favor of Zzyym, stating that the State Department violated federal law. The ruling stated that the court found "no evidence that the Department followed a rational decision-making process in deciding to implement its binary-only gender passport policy," and ordered the U.S. Passport Agency to reconsider its earlier decision. On September 26, 2016, California resident Sara Kelly Keenan became described as the second person in the United States to legally change her gender to non-binary. Keenan, who uses she/her pronouns, identifies as intersex "both as my medical reality and as my gender identification ... It never occurred to me that this was an option, because I thought the gender change laws were strictly for transgender people. I decided to try and use the same framework to have a third gender." In December 2016, Keenan received a birth certificate with an 'Intersex' sex marker from New York City, the first birth certificate issued using this term in the United States. Keenan had applied for a "non-binary" birth certificate but the City Department of Health and Mental Hygiene required a biological term. Press coverage in December 2016 also disclosed that Ohio issued a birth certificate with a sex marker of 'hermaphrodite' in 2012. Ohio issues birth certificates based on "an historical record of the facts as they existed at the time of birth" and the individual was able to demonstrate a diagnosis of true hermaphrodite. Birth certificates are also known to have no sex specified.


Right to life

Robert Sparrow has stated that the genetic elimination of intersex traits might be permissible, despite "uncomfortable" implications for "other nonpathological human variations" that do not affect physical health. In response, Georgiann Davis argues that such discrimination fails to recognize that many people with intersex traits led full and happy lives, and that the "intersex community is only "invisible" to those who choose to ignore it", while "the medical profession, not the intersex trait itself, is a major source of the social and psychological harm that perpetuates intersex stigmatization and the "hostile social environment" that individuals with intersex traits encounter". Jason Behrmann and Vardit Ravitsky state that: "Parental choice against intersex may ... conceal biases against same-sex attractedness and gender nonconformity."


Rights advocacy

Notable intersex rights organizations include
interACT Advocates for Informed Choice, doing business as, dba interACT or interACT Advocates for Intersex Youth, is a 501(c)(3) nonprofit organization using innovative strategies to advocate for the legal and human rights of children with intersex trai ...
and Intersex Campaign for Equality. Former intersex rights organizations include the
Intersex Society of North America The Intersex Society of North America (ISNA) was a non-profit advocacy group founded in 1993 by Cheryl Chase to end shame, secrecy, and unwanted genital surgeries.Matthews, Karen (Oct 22, 2000). Debate Grows Over Using Surgery on Infants with Amb ...
. Notable advocates include
Eden Atwood Eden Atwood is an American jazz singer and actress. She is the daughter of composer Hubbard Atwood and the granddaughter of the novelist A. B. Guthrie Jr. Career Atwood was born in Memphis, Tennessee. When she was five, her parents got a divor ...
,
Max Beck Max Beck (1966January 12, 2008) was an American intersex advocate, active in the now-defunct Intersex Society of North America (ISNA). Max participated in the first known public demonstration against human rights violations on intersex people, ...
, Cheryl Chase,
Cary Gabriel Costello Cary Gabriel Costello is an intersex trans male professor and advocate for transgender and intersex rights. His areas of study include identity, sexuality, privilege, and marginalization. Career and personal life Assigned female at birt ...
, Georgiann Davis,
Tiger Devore Tiger Devore, previously known as Howard Devore and Tiger Howard Devore, is a clinical psychologist, sex therapist, and spokesperson on intersex issues. He is a former member of the now defunct Intersex Society of North America. The historian Alic ...
, Alice Dreger,
Betsy Driver Betsy Driver (born 1964) is the mayor of Flemington, New Jersey, and an advocate for intersex human rights and awareness. She is the first openly intersex person to be elected to office in the United States. Early life Driver was born in Buffalo, ...
, Pidgeon Pagonis, Anne Tamar-Mattis, Hida Viloria, Sean Saifa Wall, Kimberly Zieselman and Dana Zzyym. Personal testimonies are detailed in the San Francisco Human Rights Commission report, and also in a 2015 issue of
Narrative Inquiry in Bioethics ''Narrative Inquiry in Bioethics'' is a triannual academic journal that was established in 2011 and published by Johns Hopkins University Press on behalf of the Foundation for Narrative Inquiry in Bioethics. The editors-in-chief are James M. DuBo ...
, and a
Lambda Literary Award Lambda Literary Awards, also known as the "Lammys", are awarded yearly by Lambda Literary to recognize the crucial role LGBTQ writers play in shaping the world. The Lammys celebrate the very best in LGBTQ literature.The awards were instituted i ...
winning book, ''Intersex (For Lack of a Better Word),'' by Thea Hillman. In 2021, Kimberly Zieselman won the Stonewall Honor Books in Non-Fiction Award in 2021 for her memoir ''XOXY''. In 2017,
Hatchette Book Group Hachette Book Group (HBG) is a publishing company owned by Hachette Livre, the largest publishing company in France, and the third largest trade and educational publisher in the world. Hachette Livre is a wholly owned subsidiary of Lagardère Grou ...
published a memoir, ''Born Both'', by Hida Viloria. Movies include the short, award-winning film '' XXXY'' (2000).


US Passports

In October 2021, the very first US Passport with a gender X was issued. Since April 11, 2022 US Passports give the sex/gender options of male, female and X by self determination.


See also

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Intersex people and military service in the United States The regulations regarding the service of intersex people in the United States Armed Forces are vague and inconsistent due to the broad nature of humans with intersex conditions. The United States Armed Forces as a whole does not officially ban ...
** (DoDI) 6130.03, 2018, section 5, 13f and 14m *
Accord Alliance Accord Alliance was founded in March 2008 to support a dialogue on intersex patients and their care. They are a hosted project of the Tides Center, an organization that supports non-profit groups. Their stated mission is to promote comprehensive ...
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interACT Advocates for Informed Choice, doing business as, dba interACT or interACT Advocates for Intersex Youth, is a 501(c)(3) nonprofit organization using innovative strategies to advocate for the legal and human rights of children with intersex trai ...
* Intersex Campaign for Equality *
Intersex Society of North America The Intersex Society of North America (ISNA) was a non-profit advocacy group founded in 1993 by Cheryl Chase to end shame, secrecy, and unwanted genital surgeries.Matthews, Karen (Oct 22, 2000). Debate Grows Over Using Surgery on Infants with Amb ...
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Intersex human rights Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals, that, according to the UN Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies." Intersex peo ...
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LGBT rights in the United States Lesbian, gay, bisexual and transgender (LGBT) rights in the United States are among the most socially, culturally, and legally permissive and advanced in the world, with public opinion and jurisprudence on the issue changing significantly si ...
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Transgender rights in the United States In the United States, the rights of transgender people vary considerably by jurisdiction. By the end of 2021, at least 130 bills had been introduced in 33 states to restrict the rights of transgender people. In 2022, over 230 anti-transgender ...


References


Citations


Bibliography

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External links

{{DEFAULTSORT:Intersex rights In the United States LGBT rights in the United States