Intersex In History
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Intersex Intersex people are those 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 binar ...
, in humans and other animals, describes variations in
sex Sex is the biological trait that determines whether a sexually reproducing organism produces male or female gametes. During sexual reproduction, a male and a female gamete fuse to form a zygote, which develops into an offspring that inheri ...
characteristics including
chromosome A chromosome is a package of DNA containing part or all of the genetic material of an organism. In most chromosomes, the very long thin DNA fibers are coated with nucleosome-forming packaging proteins; in eukaryotic cells, the most import ...
s,
gonad A gonad, sex gland, or reproductive gland is a Heterocrine gland, mixed gland and sex organ that produces the gametes and sex hormones of an organism. Female reproductive cells are egg cells, and male reproductive cells are sperm. The male gon ...
s,
sex hormones Sex hormones, also known as sex steroids, gonadocorticoids and gonadal steroids, are steroid hormones that interact with vertebrate steroid hormone receptors. The sex hormones include the androgens, estrogens, and progestogens. Their effects a ...
, or
genital A sex organ, also known as a reproductive organ, is a part of an organism that is involved in sexual reproduction. Sex organs constitute the primary sex characteristics of an organism. Sex organs are responsible for producing and transporting ...
s that, according to the UN
Office of the High Commissioner for Human Rights The Office of the United Nations High Commissioner for Human Rights (OHCHR) is a department of the United Nations Secretariat that works to promote and protect human rights that are guaranteed under international law and stipulated in the Univers ...
, "do not fit typical binary notions of
male Male (Planet symbols, symbol: ♂) is the sex of an organism that produces the gamete (sex cell) known as sperm, which fuses with the larger female gamete, or Egg cell, ovum, in the process of fertilisation. A male organism cannot sexual repro ...
or
female An organism's sex is female ( symbol: ♀) if it produces the ovum (egg cell), the type of gamete (sex cell) that fuses with the male gamete (sperm cell) during sexual reproduction. A female has larger gametes than a male. Females and ...
bodies". Intersex people were historically termed
hermaphrodite A hermaphrodite () is a sexually reproducing organism that produces both male and female gametes. Animal species in which individuals are either male or female are gonochoric, which is the opposite of hermaphroditic. The individuals of many ...
s, "congenital eunuchs",Mason, H.J., Favorinus’ Disorder: Reifenstein's Syndrome in Antiquity?, in Janus 66 (1978) 1–13. or even congenitally "frigid". Such terms have fallen out of favor, now considered to be misleading and stigmatizing. Intersex people have been treated in different ways by different cultures. Whether or not they were socially tolerated or accepted by any particular culture, the existence of intersex people was known to many ancient and pre-modern cultures and legal systems, and numerous historical accounts exist.


Ancient history


Sumer

A
Sumer Sumer () is the earliest known civilization, located in the historical region of southern Mesopotamia (now south-central Iraq), emerging during the Chalcolithic and Early Bronze Age, early Bronze Ages between the sixth and fifth millennium BC. ...
ian
creation myth A creation myth or cosmogonic myth is a type of cosmogony, a symbolic narrative of how the world began and how people first came to inhabit it., "Creation myths are symbolic stories describing how the universe and its inhabitants came to be. Cre ...
from more than 4,000 years ago has Ninmah, a
mother goddess A mother goddess is a major goddess characterized as a mother or progenitor, either as an embodiment of motherhood and fertility or fulfilling the cosmological role of a creator- and/or destroyer-figure, typically associated the Earth, sky, ...
, fashioning humanity out of clay. She boasts that she will determine the fate – good or bad – for all she fashions:


Ancient Judaism

In traditional Jewish culture, intersex individuals were either '' androgynos'' or '' tumtum'' and took on different gender roles, sometimes conforming to men's, sometimes to women's.


Ancient Indian Subcontinent

The
Tirumantiram The ''Tirumantiram'' () or ''Thirumantiram'' is a Tamil poetic work, written either in the 2nd century BCE and 4th century CE by Tirumular. It is the tenth of the twelve volumes of the ''Tirumurai'', the key texts of Shaiva Siddhanta and the fi ...
Tirumular Tirumular, also known as Suntaranāthar, was a Tamil people, Tamil Shaivite mystic and writer, considered one of the sixty-three poet-saints called the Nayanars, and is listed among a group of 18 sages called the Siddhars. His magnum opus, the ...
recorded the relationship between intersex people and
Shiva Shiva (; , ), also known as Mahadeva (; , , Help:IPA/Sanskrit, ɐɦaːd̪eːʋɐh and Hara, is one of the Hindu deities, principal deities of Hinduism. He is the God in Hinduism, Supreme Being in Shaivism, one of the major traditions w ...
. Ardhanarishvara, an androgynous composite form of male deity
Shiva Shiva (; , ), also known as Mahadeva (; , , Help:IPA/Sanskrit, ɐɦaːd̪eːʋɐh and Hara, is one of the Hindu deities, principal deities of Hinduism. He is the God in Hinduism, Supreme Being in Shaivism, one of the major traditions w ...
and female deity
Parvati Parvati (, , IPA: /Sanskrit phonology, pɑɾʋət̪iː/), also known as Uma (, , IPA: Sanskrit phonology, /ʊmɑː/) and Gauri (, , IPA: /Sanskrit phonology, gə͡ʊɾiː/), is one of the principal goddesses in Hinduism, revered as the Devi, ...
, originated in
Kushan ''Kushan'' or Kushana may refer to: * Kushan Empire The Kushan Empire (– CE) was a Syncretism, syncretic empire formed by the Yuezhi in the Bactrian territories in the early 1st century. It spread to encompass much of what is now Afghanistan ...
culture as far back as the first century CE. A statue depicting Ardhanarishvara is included in India's Meenakshi Temple; this statue clearly shows both male and female bodily elements. Due to the presence of intersex traits, Ardhanarishvara is associated with the '' hijra,'' a third sex category that has been accepted in South Asia for centuries. After interviewing and studying the ''hijra'' for many years, Serena Nanda writes in her book ''Neither Man Nor Woman: The Hijras of India'' as follows: "There is a widespread belief in India that ''hijras'' are born
hermaphrodite A hermaphrodite () is a sexually reproducing organism that produces both male and female gametes. Animal species in which individuals are either male or female are gonochoric, which is the opposite of hermaphroditic. The individuals of many ...
s ntersexand are taken away by the ''hijra'' community at birth or in childhood, but I found no evidence to support this belief among the ''hijras'' I met, all of whom joined the community voluntarily, often in their teens." According to
Gilbert Herdt Gilbert H. Herdt (born February 24, 1949) is Emeritus Professor of Human Sexuality Studies and Anthropology and a Founder of the Department of Sexuality Studies and National Sexuality Resource Center at San Francisco State University. He founded ...
, the ''hijra'' differentiate between "born" and "made" individuals, or those who have physical intersex traits by birth and those who become ''hijra'' through penectomy, respectively. According to Indian tradition, the ''hijra'' perform a traditional song and dance as part of a family's celebration of the birth of a male child; during the performance, they also inspect the newborn's genitals to verify its sex. Herdt states that it is widely accepted that if the child is intersex, the ''hijra'' have a right to claim it as part of their community. However, Warne and Raza argue that an association between intersex and hijra people is mostly unfounded but provokes parental fear. The ''hijra'' are mentioned in some versions of the ''
Ramayana The ''Ramayana'' (; ), also known as ''Valmiki Ramayana'', as traditionally attributed to Valmiki, is a smriti text (also described as a Sanskrit literature, Sanskrit Indian epic poetry, epic) from ancient India, one of the two important epics ...
'', a
Hindu Hindus (; ; also known as Sanātanīs) are people who religiously adhere to Hinduism, also known by its endonym Sanātana Dharma. Jeffery D. Long (2007), A Vision for Hinduism, IB Tauris, , pp. 35–37 Historically, the term has also be ...
epic poem from around 300 BCE, in a
myth Myth is a genre of folklore consisting primarily of narratives that play a fundamental role in a society. For scholars, this is very different from the vernacular usage of the term "myth" that refers to a belief that is not true. Instead, the ...
about the hero
Rama Rama (; , , ) is a major deity in Hinduism. He is worshipped as the seventh and one of the most popular avatars of Vishnu. In Rama-centric Hindu traditions, he is considered the Supreme Being. Also considered as the ideal man (''maryāda' ...
instructing his devotees to return to the city
Ayodhya Ayodhya () is a city situated on the banks of the Sarayu river in the Indian state of Uttar Pradesh. It is the administrative headquarters of the Ayodhya district as well as the Ayodhya division of Uttar Pradesh, India. Ayodhya became th ...
rather than follow him across the city's adjacent river into banishment. Since he gives this instruction specifically to "all you men and women," his ''hijra'' followers, being neither, remain on the banks of the river for fourteen years until Rama returns from exile. In the Tantric sect of Hinduism, there is a belief that all individuals possess both male and female components. This belief can be seen explicitly in the Tantric concept of a Supreme Being with both male and female
sex organ A sex organ, also known as a reproductive organ, is a part of an organism that is involved in sexual reproduction. Sex organs constitute the primary sex characteristics of an organism. Sex organs are responsible for producing and transporting ...
s, which constitutes "one complete sex" and the ideal physical form.


Ancient Greece

According to Leah DeVun, a "traditional Hippocratic/Galenic model of sexual difference – popularized by the late antique physician
Galen Aelius Galenus or Claudius Galenus (; September 129 – AD), often Anglicization, anglicized as Galen () or Galen of Pergamon, was a Ancient Rome, Roman and Greeks, Greek physician, surgeon, and Philosophy, philosopher. Considered to be one o ...
and the ascendant theory for much of the Middle Ages – viewed sex as a spectrum that encompassed masculine men, feminine women, and many shades in between, including hermaphrodites, a perfect balance of male and female". DeVun contrasts this with an Aristotelian view of intersex, which argued that "hermaphrodites were not an intermediate sex but a case of doubled or superfluous genitals", and this later influenced Aquinas. In the mythological tradition,
Hermaphroditus In Greek mythology, Hermaphroditus (; , ) was a child of Aphrodite and Hermes. According to Ovid, he was born a remarkably beautiful boy whom the naiad Salmacis attempted to rape and prayed to be united with forever. A god, in answer to her pra ...
was a beautiful youth, the child of
Hermes Hermes (; ) is an Olympian deity in ancient Greek religion and mythology considered the herald of the gods. He is also widely considered the protector of human heralds, travelers, thieves, merchants, and orators. He is able to move quic ...
(Roman Mercury) and Aphrodite (Venus). Ovid wrote the most influential narrative of how Hermaphroditus became androgynous, emphasizing that, although the handsome youth was on the cusp of sexual adulthood, he rejected love as Narcissus had, at the site of a reflective pool. There, the water nymph
Salmacis Salmacis () was an atypical Naiad nymph of Greek mythology. She rejected the ways of the virginal Greek goddess Artemis in favour of vanity and idleness. Mythology Ovid's version Salmacis' attempted rape of Hermaphroditus is narrated in the ...
saw and desired him. He spurned her, and she pretended to withdraw until, thinking himself alone, he undressed to bathe in her waters. She then flung herself upon him, and prayed that they might never be parted. The gods granted this request, and thereafter the body of Hermaphroditus contained both male and female. As a result, men who drank from the waters of the spring Salmacis supposedly "grew soft with the vice of '' impudicitia''". The myth of
Hylas In classical mythology, Hylas () was a youth who served Heracles (Roman Hercules) as companion and servant. His abduction by water nymphs was a theme of ancient art, and has been an enduring subject for Western art in the classical tradition. G ...
, the young companion of Hercules who was abducted by water nymphs, shares with Hermaphroditus and Narcissus the theme of the dangers that face the beautiful adolescent male as he transitions to adult masculinity, with varying outcomes for each.


Ancient Rome

Pliny notes that "there are even those who are born of both sexes, whom we call hermaphrodites, at one time '' androgyni''" (''andr-'', "man," and ''gyn-'', "woman", from the Greek). However, the era also saw a historical account of a congenital eunuch. The Sicilian historian
Diodorus Diodorus Siculus or Diodorus of Sicily (;  1st century BC) was an ancient Greek historian from Sicily. He is known for writing the monumental universal history '' Bibliotheca historica'', in forty books, fifteen of which survive intact, b ...
wrote of "hermaphroditus" in the latter part of the first century BCE: Diodorus also recalled the lives of Diophantus of Abae and
Callon of Epidaurus Callon (born Callo; fl. 2nd century BC) was an intersex person, whose medical treatment is the first recorded example of gender affirmation surgery. His life is known from the works of Diodorus Siculus. Biography Callon was born in Epidaurus in ...
, both of whom had characteristics which would correspond with intersex conditions.
Isidore of Seville Isidore of Seville (; 4 April 636) was a Spania, Hispano-Roman scholar, theologian and Roman Catholic Archdiocese of Seville, archbishop of Seville. He is widely regarded, in the words of the 19th-century historian Charles Forbes René de Montal ...
(''c.'' 560–636) described a hermaphrodite fancifully as those who "have the right breast of a man and the left of a woman, and after coitus in turn can both sire and bear children." Under Roman law, as many others, a hermaphrodite had to be classed as either male or female. Will Roscoe writes that the hermaphrodite represented a "violation of social boundaries, especially those as fundamental to daily life as male and female." In traditional Roman religion, a hermaphroditic birth was a kind of '' prodigium'', an occurrence that signalled a disturbance of the ''
pax deorum The vocabulary of ancient Roman religion was highly specialized. Its study affords important information about the religion, traditions and beliefs of the ancient Romans. This legacy is conspicuous in European cultural history in its influence on ...
'', Rome's treaty with the gods. But Pliny observed that while hermaphrodites were once considered portents, in his day they had become objects of delight (''deliciae'') who were trafficked in an exclusive slave market. According to historian John R. Clarke, depictions of Hermaphroditus were very popular among the Romans: In c.400,
Augustine Augustine of Hippo ( , ; ; 13 November 354 – 28 August 430) was a theologian and philosopher of Berber origin and the bishop of Hippo Regius in Numidia, Roman North Africa. His writings deeply influenced the development of Western philosop ...
wrote in ''The Literal Meaning of Genesis'' that humans were created in two sexes, despite "as happens in some births, in the case of what we call androgynes". Historical accounts of intersex people include the
sophist A sophist () was a teacher in ancient Greece in the fifth and fourth centuries BCE. Sophists specialized in one or more subject areas, such as philosophy, rhetoric, music, athletics and mathematics. They taught ''arete'', "virtue" or "excellen ...
and
philosopher Philosophy ('love of wisdom' in Ancient Greek) is a systematic study of general and fundamental questions concerning topics like existence, reason, knowledge, Value (ethics and social sciences), value, mind, and language. It is a rational an ...
Favorinus Favorinus (c. 80 – c. 160 AD) was a Roman sophist and skeptic philosopher who flourished during the reign of Hadrian and the Second Sophistic. Early life He was of Gaulish ancestry, born in Arelate (Arles). He received a refined educa ...
, described as a
eunuch A eunuch ( , ) is a male who has been castration, castrated. Throughout history, castration often served a specific social function. The earliest records for intentional castration to produce eunuchs are from the Sumerian city of Lagash in the 2 ...
(εὐνοῦχος) by birth.Philostratus, VS 489 Mason and others thus describe Favorinus as having an
intersex Intersex people are those 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 binar ...
trait. A broad sense of the term "eunuch" is reflected in the compendium of ancient
Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...
s collected by
Justinian I Justinian I (, ; 48214 November 565), also known as Justinian the Great, was Roman emperor from 527 to 565. His reign was marked by the ambitious but only partly realized ''renovatio imperii'', or "restoration of the Empire". This ambition was ...
in the 6th century known as the Digest or
Pandects The ''Digest'' (), also known as the Pandects (; , , "All-Containing"), was a compendium or digest of juristic writings on Roman law compiled by order of the Byzantine emperor Justinian I in 530–533 AD. It is divided into 50 books. The ''Dige ...
. Those texts distinguish between the general category of eunuchs (''spadones'', denoting "one who has no generative power, an impotent person, whether by nature or by castration", D 50.16.128) and the more specific subset of ''castrati'' (castrated males, physically incapable of procreation). Eunuchs (''spadones'') sold in the slave markets were deemed by the jurist
Ulpian Ulpian (; ; 223 or 228) was a Roman jurist born in Tyre in Roman Syria (modern Lebanon). He moved to Rome and rose to become considered one of the great legal authorities of his time. He was one of the five jurists upon whom decisions were to ...
to be "not defective or diseased, but healthy", because they were anatomically able to procreate just like monorchids (D 21.1.6.2). On the other hand, as
Julius Paulus Julius Paulus (; fl. 2nd century and 3rd century AD), often simply referred to as Paul in English, was one of the most influential and distinguished Roman jurists. He was also a praetorian prefect under the Roman Emperor Alexander Severus. Life ...
pointed out, "if someone is a eunuch in such a way that he is missing a necessary part of his body" (D 21.1.7), then he would be deemed diseased. In these Roman legal texts, ''spadones (eunuchs)'' are eligible to marry women (D 23.3.39.1), institute posthumous heirs (D 28.2.6), and adopt children (Institutions of Justinian 1.11.9), ''unless'' they are ''castrati''.


Middle Ages


Islam

By the eighth century CE, records of Islamic legal rulings discuss individuals known in Arabic as ''khuntha.'' This term, which has been translated as "hermaphrodite," was used to apply to individuals with a range of intersex conditions, including mixed gonadal disgenesis, male
hypospadias Hypospadias is a common malformation in fetal development of the penis in which the urethra does not open from its usual location on the head of the penis. It is the second-most common birth defect of the male reproductive system, affecting about ...
,
partial androgen insensitivity syndrome Partial androgen insensitivity syndrome (PAIS) is a condition that results in the partial inability of the Eukaryote#Animal cell, cell to respond to androgens. It is an X linked recessive condition. The partial unresponsiveness of the cell to the ...
, 5-alpha reductase deficiency, gonadal aplasia, and
congenital adrenal hyperplasia Congenital adrenal hyperplasia (CAH) is a group of Genetic disorder#Autosomal recessive, autosomal recessive disorders characterized by impaired cortisol synthesis. It results from the deficiency of one of the five enzymes required for the Biosy ...
. In Islamic law,
inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Offi ...
was determined based on sex, so it was sometimes necessary to attempt to determine the biological sex of sexually ambiguous heirs. The first recorded case of this sort has been attributed to the seventh-century
Rashidun The Rashidun () are the first four caliphs () who led the Muslim community following the death of Muhammad: Abu Bakr (), Umar (), Uthman (), and Ali (). The reign of these caliphs, called the Rashidun Caliphate (632–661), is considered i ...
caliph named '
Ali Ali ibn Abi Talib (; ) was the fourth Rashidun caliph who ruled from until his assassination in 661, as well as the first Shia Imam. He was the cousin and son-in-law of the Islamic prophet Muhammad. Born to Abu Talib ibn Abd al-Muttalib an ...
, who attempted to settle an inheritance case between five brothers in which one brother had both a male and female urinary opening. 'Ali advised the brothers that sex could be determined by site of urination in a practice called ''hukm al-mabal''; if urine exited the male opening, the individual was male, and if it exited the female opening, the individual was female. If it exited both openings simultaneously, as it did in this case, the heir would be given half of a male inheritance and half of a female inheritance. Later, in the thirteenth century CE,
Shafi'i The Shafi'i school or Shafi'i Madhhab () or Shafi'i is one of the four major schools of fiqh (Islamic jurisprudence), belonging to the Ahl al-Hadith tradition within Sunni Islam. It was founded by the Muslim scholar, jurist, and traditionis ...
law expert Abu Zakariya al-Nawawi ruled that an individual whose sex could not be determined by ''hukm al-mabal'', such as those with urination from both openings or those with no identifiable sex organs, was assigned the intermediary sex category ''khuntha mushkil''. Both
Hanafi The Hanafi school or Hanafism is the oldest and largest Madhhab, school of Islamic jurisprudence out of the four schools within Sunni Islam. It developed from the teachings of the Faqīh, jurist and theologian Abu Hanifa (), who systemised the ...
and
Hanbali The Hanbali school or Hanbalism is one of the four major schools of Islamic jurisprudence, belonging to the Ahl al-Hadith tradition within Sunni Islam. It is named after and based on the teachings of the 9th-century scholar, jurist and tradit ...
lawmakers also recognized that
puberty Puberty is the process of physical changes through which a child's body matures into an adult body capable of sexual reproduction. It is initiated by hormonal signals from the brain to the gonads: the ovaries in a female, the testicles i ...
could clarify a new dominant sex in intersex individuals who were labeled ''khuntha,'' male, or female in childhood. If a ''khuntha'' or male developed female secondary sex characteristics, performed vaginal sex, lactated, menstruated, or conceived, this person's legal sex could change to female. Conversely, if a ''khuntha'' or female developed male secondary sex characteristics, performed penetrative sex with a woman, or had an erection, their legal sex could change to male. This understanding of the effect of puberty on intersex conditions appears in Islamic law as early as the eleventh century CE, notably by
Ibn Qudama Ibn Qudama (January/February 11477 July 1223) was an Islamic scholar and theologian of the Hanbali school of Sunni Islam. Born in the Palestine region, Ibn Qudama authored many important treatises on Islamic jurisprudence and religious doctrine, ...
. In the sixteenth century CE, Ibrahim al-Halabi, a member of the
Hanafi The Hanafi school or Hanafism is the oldest and largest Madhhab, school of Islamic jurisprudence out of the four schools within Sunni Islam. It developed from the teachings of the Faqīh, jurist and theologian Abu Hanifa (), who systemised the ...
school of
jurisprudence Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values ...
in Islam, directed slave owners to use special gender-neutral language when freeing intersex slaves. He recognized that language manumitting "males" or "females" would not directly apply to them.


Christianity

In ''Abnormal'' (''Les anormaux''),
Michel Foucault Paul-Michel Foucault ( , ; ; 15 October 192625 June 1984) was a French History of ideas, historian of ideas and Philosophy, philosopher who was also an author, Literary criticism, literary critic, Activism, political activist, and teacher. Fo ...
suggested it is likely that, "from the Middle Ages to the sixteenth century ... hermaphrodites were considered to be monsters and were executed, burnt at the stake and their ashes thrown to the winds." However, Christof Rolker disputes this, arguing that "Contrary to what has been claimed, there is no evidence for hermaphrodites being persecuted in the Middle Ages, and the learned laws did certainly not provide any basis for such persecution".
Canon Law Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...
sources provide evidence of alternative perspectives, based upon prevailing visual indications and the performance of gendered roles. The 12th-century ''
Decretum Gratiani The , also known as the or or simply as the , is a collection of Catholic canon law compiled and written in the 12th century as a legal textbook by the jurist known as Gratian. It forms the first part of the collection of six legal texts, whic ...
'' states that "Whether an hermaphrodite may witness a testament, depends on which sex prevails" ("Hermafroditus an ad testamentum adhiberi possit, qualitas sexus incalescentis ostendit."). In the late twelfth century, the canon lawyer
Huguccio Huguccio (Hugh of Pisa, Uguccio) (died 1210) was an Italian canon lawyer. Biography Huguccio studied at Bologna, probably under Gandolphus, and taught canon law in the same city, perhaps in the school connected with the monastery of SS. Nabor ...
stated that, "If someone has a beard, and always wishes to act like a man (excercere virilia) and not like a female, and always wishes to keep company with men and not with women, it is a sign that the male sex prevails in him and then he is able to be a witness, where a woman is not allowed". Concerning the ordination of 'hermaphrodites', Huguccio concluded: "If therefore the person is drawn to the feminine more than the male, the person does not receive the order. If the reverse, the person is able to receive but ought not to be ordained on account of deformity and monstrosity."
Henry de Bracton Henry of Bracton (c. 1210 – c. 1268), also known as Henry de Bracton, Henricus Bracton, Henry Bratton, and Henry Bretton, was an English cleric and jurist. He is famous now for his writings on law, particularly ''De legibus et consuetudinib ...
's ''De Legibus et Consuetudinibus Angliae'' ("On the Laws and Customs of England"), c. 1235, classifies mankind as "male, female, or hermaphrodite", and "A hermaphrodite is classed with male or female according to the predominance of the sexual organs." The thirteenth-century canon lawyer
Henry of Segusio Henry of Segusio, usually called Hostiensis, (c. 1200 – 6 or 7 November 1271) was an Italian canonist of the thirteenth century, born at Susa (Segusio), in the ancient Diocese of Turin. He died at Lyon. Life He undertook the study of Roman la ...
argued that a "perfect hermaphrodite" where no sex prevailed should choose their legal gender under oath.


Archaeology

A 2021 study in the ''European Journal of Archaeology'' concluded that a grave from 1050 to 1300 in
Hattula Hattula () is a municipality of Finland. It is part of the Tavastia Proper region and until 2010 it was located in the province of Southern Finland. Hattula is almost completely surrounded by Hämeenlinna, only in the north it shares the border w ...
,
Finland Finland, officially the Republic of Finland, is a Nordic country in Northern Europe. It borders Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of Bothnia to the west and the Gulf of Finland to the south, ...
, containing a body buried in feminine clothing with brooches, furs and a hiltless sword, which earlier researchers speculated to be two bodies (a male and female) or a powerful woman, was one person with
Klinefelter syndrome Klinefelter syndrome (KS), also known as 47,XXY, is a chromosome anomaly where a male has an extra X chromosome. These complications commonly include infertility and small, poorly functioning testicles (if present). These symptoms are often n ...
and that "the overall context of the grave indicates that it was a respected person".


Early modern period

The 17th-century English jurist and judge
Edward Coke Sir Edward Coke ( , formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan era, Elizabethan and Jacobean era, Jacobean eras. Born into a ...
(Lord Coke), wrote in his ''
Institutes of the Lawes of England The ''Institutes of the Lawes of England'' are a series of legal treatises written by Sir Edward Coke. They were first published, in stages, between 1628 and 1644. Widely recognized as a foundational document of the common law, they have been cit ...
'' on laws of succession stating, "Every heire is either a male, a female, or an hermaphrodite, that is both male and female. And an hermaphrodite (which is also called ''Androgynus'') shall be heire, either as male or female, according to that kind of sexe which doth prevaile." The ''Institutes'' are widely held to be a foundation of
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
. A few historical accounts of intersex people exist due primarily to the discovery of relevant legal records, including those of Thomas(ine) Hall (17th-century United States), Eleno de Céspedes, a 16th-century intersex person in Spain , and Fernanda Fernández (18th-century Spain). In 2019 the Smithsonian Channel aired a documentary "American's Hidden Stories: The General was Female?" with evidence that
Casimir Pulaski Kazimierz Michał Władysław Wiktor Pułaski (; March 4 or 6, 1745 October 11, 1779), anglicised as Casimir Pulaski ( ), was a Polish nobleman, soldier, and military commander who has been called "The Father of American cavalry" or "The So ...
, the important
American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was the armed conflict that comprised the final eight years of the broader American Revolution, in which Am ...
hero, may have been intersex. In a court case, heard at the Castellania in 1774 during the Order of St. John in
Malta Malta, officially the Republic of Malta, is an island country in Southern Europe located in the Mediterranean Sea, between Sicily and North Africa. It consists of an archipelago south of Italy, east of Tunisia, and north of Libya. The two ...
, 17-year-old Rosa Mifsud from
Luqa Luqa ( , ) is a town located in the Southern Region of Malta, 4.3 km away from the capital Valletta. With a population of 5,945 as of March 2014, it is a small but densely populated settlement which is typical of Malta's older towns and vi ...
, later described in the ''British Medical Journal'' as a pseudo-hermaphrodite, petitioned for a change in sex classification from female. Two clinicians were appointed by the court to perform an examination. They found that "the male sex is the dominant one". The examiners were the Physician-in-Chief and a senior surgeon, both working at the Sacra Infermeria. The Grandmaster himself made the final decision that Mifsud would, from that point forward, wear only male garb. Maria Dorothea Derrier/Karl Dürrge was a German intersex person who made their living for 30 years as a human research subject. Born in Potsdam in 1780, and designated as female at birth, they assumed a male identity around 1807. Traveling intersex persons, like Derrier and Katharina/Karl Hohmann, who allowed themselves to be examined by physicians were instrumental in the development of codified standards for sexing.


Mid-modern period

During the
Victorian era In the history of the United Kingdom and the British Empire, the Victorian era was the reign of Queen Victoria, from 20 June 1837 until her death on 22 January 1901. Slightly different definitions are sometimes used. The era followed the ...
, medical authors attempted to ascertain whether or not humans could be hermaphrodites, adopting a precise biological definition to the term. During this period, doctors introduced the terms "true hermaphrodite" for an individual who has both ovarian and testicular tissue, verified under a microscope, "male pseudo-hermaphrodite" for a person with testicular tissue, but either female or ambiguous sexual anatomy, and "female pseudo-hermaphrodite" for a person with ovarian tissue, but either male or ambiguous sexual anatomy. Historical accounts including those of Vietnamese general Lê Văn Duyệt (18th/19th-century) who helped to unify Vietnam; Gottlieb Göttlich, a 19th-century
German German(s) may refer to: * Germany, the country of the Germans and German things **Germania (Roman era) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizenship in Germany, see also Ge ...
travelling medical case; and Levi Suydam, an intersex person in 19th-century USA whose capacity to vote in male-only elections was questioned. The memoirs of 19th-century intersex Frenchwoman Herculine Barbin were published by
Michel Foucault Paul-Michel Foucault ( , ; ; 15 October 192625 June 1984) was a French History of ideas, historian of ideas and Philosophy, philosopher who was also an author, Literary criticism, literary critic, Activism, political activist, and teacher. Fo ...
in 1980. Her birthday is marked in Intersex Day of Remembrance on 8 November.


Contemporary period

The term intersexuality was coined by
Richard Goldschmidt Richard Benedict Goldschmidt (April 12, 1878 – April 24, 1958) was a German geneticist. He is considered the first to attempt to integrate genetics, development, and evolution. He pioneered understanding of reaction norms, genetic assimilatio ...
in the 1917 paper ''Intersexuality and the endocrine aspect of sex''. The first suggestion to replace the term 'hermaphrodite' with 'intersex' came from British specialist Cawadias in the 1940s.Cawadias, A. P. (1943) ''Hermaphoditus the Human Intersex'', London, Heinemann Medical Books Ltd. This suggestion was taken up by specialists in the UK during the 1960s. Historical accounts from the early twentieth century include that of Australian Florrie Cox, whose marriage was annulled due to "malformation frigidity". Since the rise of modern medical science in Western societies, some intersex people with ambiguous external genitalia have had their genitalia surgically modified to resemble either female or male genitals. Surgeons pinpointed intersex babies as a "social emergency" once they were born. The parents of the intersex babies were not content about the situation. Psychologists, sexologists, and researchers frequently still believe that it is better for a baby's genitalia to be changed when they are younger than when they are a mature adult. These scientists believe that early intervention helped avoid gender identity confusion. This was called the 'Optimal Gender Policy', and it was initially developed in the 1950s by
John Money John William Money (8 July 1921 – 7 July 2006) was a New Zealand American psychologist, sexologist and professor at Johns Hopkins University known for his research on human sexual behavior and gender. Money advanced the use of more accur ...
. Money and others believed that children would in general develop a gender identity that matched sex of rearing (this view has since been challenged, based in part on Money's inaccurate reporting of success in the infant sex reassignment of
David Reimer David Reimer (born Bruce Peter Reimer; 22 August 1965 – 4 May 2004) was a Canadian man raised as a girl following medical advice and intervention after his penis was severely injured during a botched circumcision in infancy. The psychologis ...
). The primary goal of assignment was to choose the sex that would lead to the least inconsistency between external anatomy and assigned psyche (gender identity). Since advances in surgery have made it possible for intersex conditions to be concealed, many people are not aware of how frequently intersex conditions arise in human beings or that they occur at all. Dialog between what were once antagonistic groups of activists and clinicians has led to only slight changes in medical policies and how intersex patients and their families are treated in some locations. Numerous civil society organizations and human rights institutions now call for an end to unnecessary "normalizing" interventions. The first public demonstration by intersex people took place in Boston on October 26, 1996, outside the venue in Boston where the
American Academy of Pediatrics The American Academy of Pediatrics (AAP) is the largest professional association of pediatricians in the United States. It is headquartered in Itasca, Illinois, and maintains an office in Washington, D.C. The AAP has published hundreds of poli ...
was holding its annual conference. The group demonstrated against "normalizing" treatments, and carried a sign saying "Hermaphrodites With Attitude". The event is now commemorated by Intersex Awareness Day. In 2011, Christiane Völling became the first intersex person known to have successfully sued for damages in a case brought for non-consensual surgical intervention. In April 2015,
Malta Malta, officially the Republic of Malta, is an island country in Southern Europe located in the Mediterranean Sea, between Sicily and North Africa. It consists of an archipelago south of Italy, east of Tunisia, and north of Libya. The two ...
became the first country to outlaw non-consensual medical interventions to modify sex anatomy, including that of intersex people.


See also

* Timeline of intersex history


Footnotes


External links

{{Intersex -Intersex