A German law that took effect Friday now offers a third gender option on birth certificates. If the child shows both male and female characteristics, parents can leave the gender section of the birth certificate blank, thereby creating an “indeterminate sex” category.
People of indeterminate sex are often referred to as “intersex.”
“They are known as ‘intersex’ people because they have a mixture of male and female chromosomes or even genitalia, which have characteristics of both genders,” according to BBC.
But being intersex is not the same as being a hermaphrodite, in that hermaphrodites have reproductive organs of both men and women.
“When you’re born with intersex, it’s not about having both forms of genitalia,” said Dr. Anand Saggar, lecturer at St. George’s University of London. “It’s normally a disorder of sexual development, which means that you either have too small a penis of what you think should be a boy or too large a clitoris for what you think should be a female.”
Experts estimate that as many as one in 1,500 people have these characteristics.
In effect, the new law tells parents of intersex children that they do not have to choose to put their child through sex assignment surgery. So long as the parents of an intersex child don’t force the child into having sex assignment surgery, the child can choose later in life if he or she wants to be a “he” or a “she.” And they don’t ever have to decide if they don’t want to — intersex people can continue to be labeled as “intersex” their entire lives.
German passports will soon allow intersex holders to mark themselves as “X” rather than “M” or “F,” according to the interior ministry. Australia and Bangladesh have recognized a third gender on passports since 2011. New Zealand began offering this option in 2012.
Germany took a step in the right direction by passing this law, as it removes this pressure from the parents. But just because the law said it’s okay to be of indeterminate sex doesn’t mean it is suddenly culturally acceptable. The passing of this law will lead to many cumbersome situations due to the fact that so many aspects of our culture rely on a gender binary. Joining sports teams or Greek Life requires a male or female gender identity. Even simple tasks such as using public restrooms or following gender-specific dress codes require people to choose between being male or female.
Furthermore, it is not yet clear how this will affect Germany’s marriage and partnership laws. Current German laws say that marriage is between a man and a woman, and civil partnerships are for two people of the same sex.
While speaking with Saggar, CNN’s Jonathan Mann raised the concern that the new law may further stigmatize the child because not only did the child “go through these predicaments with their bodies,” but “now it’s going to be on paper for the world to see.”
Addressing any controversial issue such as gay marriage or intersexuality can lead to the stigmatization of a group of people. In many human rights campaigns, the citizens accept the controversial group before the government does. For example, the majority of U.S. citizens are in favor of legalizing gay marriage, yet it remains illegal. For this reason, it is commendable that Germany’s government is ahead of its citizens in being accepting of a third gender. Despite the possibility for stigmatization, it’s better to make people aware of intersexuality than to act as if it doesn’t exist.
