Intersexuality and the Law Why Sex Matters

Intersexuality and the Law Why Sex Matters

By Julie A. Greenberg

Intersexuality has also become a hot topic in legal circles. In the past ten years, more than a hundred legal articles and books have included a discussion of intersexuality. Most of these publications do not focus on the issues that have a direct effect on the lives of people with an intersex condition. Instead, most of these publications have used the existence of intersexuality to support the expansion of rights of other sexual minorities, including
members of the lesbian, gay, bisexual, and transsexual (LGBT) communities. Understanding how the issues that are critical to people with an intersex condition can be conflated with the issues affecting other people who challenge sex and gender norms requires a basic understanding of the nature of intersexuality. The meaning of the term intersex has varied and the issue is still a topic of sometimes heated discussion.

The intersex movement is at a critical crossroads in its development. It could align itself with and frame its legal arguments in terms similar to those used by organizations fighting for sex and gender equality, it could adopt a critical disability framework and focus on the right to bodily autonomy, or it could adopt some combination of the two approaches. The goal of this book – Intersexuality and the Law Why Sex Matters is to help shed light on which legal strategies may most effectively end discriminatory practices against people with an intersex condition and potentially assist other marginalized groups.

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Acknowledgments ix
Introduction 1
Part I Gender Blending
1 Surgical and Hormonal Creation of the Binary Sex Model 11
2 Who Has the Right to Choose My Sex and Genitalia? 27
Part II Gender Bending
3 Legal Reinforcement of Gender Norms 47
4 Can I Marry a Man, a Woman, Either, or Neither? 51
5 What’s in a Name? 65
6 Where May I Live and Which Bathroom Do I Use? 73
Part III Legal Paths to Enhancing the Lives of People with an
Intersex Condition
7 Developing Strategies 83
8 The History and Development of the Intersex Movement 85
9 Conflicts among Social Justice Movements with Common 97
10 Legal Frameworks 107
Conclusion 127
Appendix: Common Intersex/DSD Conditions 137
Notes 139
Index 165
About the Author

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