Hermaphrodites push for human rights in Germany

Courtesy Of Fackeltraeger Verlag / Courtesy of Fackeltraeger Verlag

Christiane Voelling is a 52-year-old intersexual who lives in Dusseldorf, Germany and has fought for greater rights for people like herself whose sexual gender is indeterminate.

MAINZ, Germany – Pink? Or blue? For most parents this is the paramount question when it comes to organizing a baby shower or choosing a color for a newborn's room.

But, what happens if the exact gender of the child cannot be determined? It is estimated that in Germany alone approximately 80,000 people are intersexual, so-called hermaphrodites, who have physical features – such as chromosomes, hormones, gonads and outer sexual organs – which cannot be unambiguously attributed to just one gender. 


Christiane Voelling, 52, is an intersexual.

She is a nurse living in Düsseldorf who was born without defining gender characteristics.

Because German law requires that a newborn's personal data – including gender specification – is registered within a week, Christiane was proclaimed a boy at birth and called Thomas after a midwife supposedly mistook her enlarged clitoris for a penis.

In Voelling's case, it was later diagnosed that her indeterminate external genitalia were the result of a rare genetic disorder of the adrenal gland, the so-called congenital adrenal hyperplasia, or CAH.

"My childhood and teenage development was often agonizing because I did not really know what was wrong with me and where I belonged," Voelling said in a recent interview with NBC News. 

Following a push from various human rights groups, Germany‘s government commissioned its National Ethics Council in December 2010 to consider the issue and come up with recommendations on how to identify intersexuals so they could live with greater dignity. The council, which in February of this year released its recommendations, even grappled with the question of whether or not a “third sex” should be introduced.  

Invasive surgery
For Voelling, her gender issues were rarely discussed in her family growing up in a small town in a rural area of western Germany since her parents were convinced that they were raising a male child. Yet, in school, she would often be reminded of her ambivalence, when she played soccer with the "other boys," but also felt very much integrated in the girls clique. 

She was experiencing an inner conflict that is rather common among intersexuals, or so-called differences of sex development (DSD) affected individuals, experts say.

"By the mid 90s, the first intersexual patients started seeking psychological help at our offices and most of them were preoccupied with feelings of shame, humiliation and a burdening tabooization of their problems," said Dr. Sophinette Becker, a sexologist and psychologist from Frankfurt.

For Voelling, her emotional trauma grew significantly larger at age 18, when physical scars were added in an unnecessary operation.

After being admitted to a local hospital for an appendix surgery, doctors diagnosed that their patient had mixed male-female genitals and an atrophied reproductive system.

But, when the young adult landed on the operating table, the surgeon found a full set of female reproductive organs, including an intact womb and ovaries.

Without consent from the patient, the organs were removed.

"I never received a truthful explanation of my condition and after the operation I felt a lot of physical and emotional pain for many years,"  Voelling said.

"Some 95 percent of all intersexuals systematically undergo genital surgery and other interventions without medical informed consent and without clear scientific proof," said Lucie Veith, the head of "Intersexuelle Menschen eV" in Hamburg, a group that represents hermaphrodites in Germany.

Gratification after legal battle
Only a couple of years later, Voelling also started receiving the regular administration of testosterone, or steroid male hormones.

"For 27 years, I was more or less exposed to severe doping," Voelling said.

"At age 47, when I felt more like a woman than a man anyway, I said enough is enough," she added.

Today, intersexual activists are trying to educate the medical community, affected families and the public about the often harsh consequences of genital reconstruction surgery and other severe medical interventions.

"These massive medical interferences plunge the intersexed child into total imbalance and lead to irreversible damages," said Veith, whose organization has nearly 600 members in Germany.

In 2008, Voelling decided to take her case to court and sued the doctor that had removed her female reproduction organs over unlawful intervention.

In its verdict, the court ordered the surgeon to pay 100,000 euro, (approximately $133,000)  in compensation for performing an operation converting a hermaphrodite into a man without consent.

"I felt very relieved and it was really more of a moral reparation than anything else, but it unfortunately did not have consequences for the legal rights of intersexuals," said Voelling.  She officially changed her gender from male to female, as well as her name from Thomas to Christiane, in a long bureaucratic process that same year.

Preparing legal framework
While experts say that Voelling's case is legally unique and will not set a precedent, the topic nevertheless started to receive more public attention after she wrote a book called "I was man and woman – My Life as an Intersexual.“

Despite some disagreements with the recommendations of Germany’s National Ethics Council released last month, Voelling and other intersexuals hope that the council’s recommendations will help give their status a legal framework in the future.

"In our recommendation to the German government earlier this year, the main message was that intersexuals are different from other human beings, but they need to be respected and belong in the center of our society," said psychologist Dr. Michael Wunder, a member of the German National Ethics Council.

Because irreversible medical interventions of gender assignment in people with ambiguous genitalia are typically conducted during early childhood years, the German Ethics Council determined that these operations present an infringement of the right to physical integrity, thus a violation of basic human rights.

The Ethics Board also said that "a non-justifiable encroachment on the personal rights and the right to equal treatment is present when people who cannot be assigned as ‘female’ or ‘male’ because of their physical condition are legally compelled to assign themselves to either category in the civil registry."

Following Australia's example, the German Ethics Council recommended that in addition to the registration of  "female" or "male," the German government should introduce the category "other" or should allow a “no entry,” until the affected person have made a personal decision themselves.

Last September, Australia  introduced new guidelines, which allow its citizens to change the sex details on their passport to female (F), male (M) or indeterminate (X).

"This amendment makes life easier and significantly reduces the administrative burden for sex and gender diverse people who want a passport that reflects their gender and physical appearance," said Australian Foreign Minister Kevin Rudd.

In Germany, rights activists, representatives from the Ethics Council and intersexuals now hope that German lawmakers will soon implement regulations, which will help to protect the rights of hermaphrodites and remove discrimination on the grounds of gender identity and sexual orientation.

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What was her surgeon's name, Dr. Josef Rudolf Mengele?

    Reply#119 - Fri Mar 30, 2012 4:13 PM EDT

    Go away Gringo.

      #119.1 - Fri Mar 30, 2012 4:20 PM EDT
      Reply

      BEANATHOME :I like the way that you presented your point of view and I agree that the individual should have the right to determine their own gender identification. However, 18 years of harassment and ridicule seems like a harsh and cruel existence. Perhaps if the predominant sexuality could be determined prior to puberty( by age 5 or 6 does the child more male or female tendencies ) then the parents could make an objective decision to proceed with an operation or wait until the child is mature enough to make their own decision.

        Reply#120 - Fri Mar 30, 2012 7:05 PM EDT

        But if one or both parents is a "control freak" insisting that things have to "turn out" they way that they want, regardless of the consequences, the results of that can be just as tragic as those of bullying.

          #120.1 - Sat Mar 31, 2012 10:54 AM EDT
          Reply

          Sex Identity is set neurologically, by the anatomy of the lymbic nucleus (sorry, even THAT is an over-simplification).

          Basically, there are boy brains, girl brains, in-between brains, it's a spectrum.

          Boy body + boy brain = usual guy.

          Girl body + girl brain = usual gal.

          Intersex body + boy brain = Intersex male.

          Intersex body + girl brain = Intersex female (as here)

          Boy body + Intersex brain = usual guy (may be a bit more sensitive than most)

          Girl body + Intersex brain = usual gal (may be a bit butch)

          Boy body + Girl brain = Transsexual gal

          Girl body + Boy brain = Transsexual guy (think Chaz Bono)

          Intersex body + Intersex brain = Intersex person.

          Performing surgery to masculinise the body of a girl is a bad idea. Same with performing surgery to feminise the body of a boy. You end up with (effective) transsexuality one time in three.

            Reply#121 - Sat Mar 31, 2012 1:33 AM EDT

            As has been pointed out by other commenters, "hermaphrodite" is deprecated when talking about people with one or another Intersex variation.

            The way that the N-word is deprecated when talking about African-Americans, if you get my drift.

            For one thing, only a very small proportion of Intersex variations (about 1%) involve the presence of both ovarian and testicular tissue, so it's incorrect on technical grounds.

              Reply#122 - Sat Mar 31, 2012 1:52 AM EDT

              It astounds me that the parent(s) of this particular lady did not notice that she was biologically female. Even if she has an enlarged clitoris, wouldn't the parents notice if she has a vagina, breasts, wider hips? By puberty the differences between male and female are more pronounced in other ways as well, less body hair, no beard, etc. How can a family overlook this?

              Socially, I think with a child of ambiguous sex/gender, the family needs to choose a neutral name (like Chris, Jamie, Robin), or a name that is easily converted (e.g. Paul, Paula). Then they should watch the child's behaviour and temporarily assign a gender which seems most fitting. There are so many situations in school where the child needs to join a group of the same gender (Brownies/Scouts, gym classes, etc.). (For whatever reason, society seems to be more accepting of a 'tomboy' girl than an 'sissy' boy). I think that the parents should enroll the child in a variety of activities and be flexible and accepting of the child's interests and social expression. And they need to be prepared that their child may choose to switch genders if they picked the wrong one, or experiment with both genders to see which fits best.

              • 1 vote
              Reply#123 - Sat Mar 31, 2012 1:58 AM EDT

              Hey, moderator, there are lots of great comments in the thread under 1.1, which is collapsed. Could you uncollapse the replies at least? At least some of them?

                Reply#124 - Sat Mar 31, 2012 10:56 AM EDT

                How about PERSON? Isn't PERSON enough? As gender differentiation fades in law and order,especially in those countries that consider themselves progressive, these are the future people. Those disparaging homosexuality should regard these people as God's work, that same God they trust to run the country and make life-critical decisions for all PEOPLE. Maybe He's speaking to us about sexuality, a secondary trait. First, we have hearts, and minds, and spirits, ALL of us. And God made us ALL. And those who would meddle and strike down the variants, are playing at being God, a famous vanity before a famous fall. Like they used to say in the margarine ad; "It isn't nice to fool Mother Nature!"

                  Reply#125 - Sat Mar 31, 2012 1:07 PM EDT

                  Claiming that everyone is ok because "God made them" is retard logic. All the religious people, er, excuse me, homophobes are God-made as well, so they must be ok, right? Same with pedophiles, serial killers, homicidal maniacs, GWBush voters, etc.

                    #125.1 - Sat Mar 31, 2012 7:39 PM EDT

                    docweasel - No need to be name-calling. Molly's post was positive in nature toward the subject of the news report and negative towards the haters posting here. Your response puts you in with the haters. Not all religious people are homophobes, thank you very much. It is not "retard logic" to believe that everyone is "ok", since God made them. That is the very logic that makes religious people more tolerant than non-religious people. However, God gave us free-will. That means we (all people-not just the "religious" ones) are able to make choices for ourselves. We (again- all people) have the power to act on impulses or not, such as the ones you listed. We (you guessed it- all people) are free to choose to not associate with those people who display behavior such as you listed and more.

                      #125.2 - Tue Apr 3, 2012 11:23 AM EDT
                      Reply

                      Estimated 80, 000? In a country the size of Germany? Sorry, I don't buy it. That's enough to be considered an epidemic, not just an anomaly.

                        Reply#126 - Sat Mar 31, 2012 5:29 PM EDT

                        About one-tenth of one per cent is an "epidemic"?? Sounds about right to me.

                        • 1 vote
                        #126.1 - Sat Mar 31, 2012 6:09 PM EDT
                        Reply

                        If you can't figure out which they are, there's an easy solution, ask me. That person in the photo... that's a man.

                          Reply#127 - Sat Mar 31, 2012 7:37 PM EDT

                          Y'all aught to sit back with a big fatty, place it between your lips, inhale deeply, ( don't forget to light it ) hold your breath for a few seconds, exhale, repeat if necessary, and everything will seem much better

                            Reply#128 - Sun Apr 1, 2012 7:51 AM EDT

                            More compassion and understanding comments on this story than on any

                            other of the stories(Trevor,Muslim killed in U.S,Afghanistan massacre,pope)

                              Reply#129 - Sun Apr 1, 2012 5:28 PM EDT

                              True ignorance abounds. If you dont know the difference between a hermaphrodite and a transexual you should not be posting. Most hermaphrodites dont have functioning sex organs by the way. So for those who say if it looks like a penis call it one, when in actuality it is something in between. Most of these cases cant be determined by DNA because that is where the problem started XXY or XXX; could be male, female, a little of both, all sterile. These people simply dont want them jumping the gun at birth anymore, and possibly cutting off your penis. or remove ovaries and the other parts. I think most men on here could agree that that would be quite a horrible thing to happen at such a young age. So imagine yourself without a penis because some doctor thought you should be a girl. Do you get it now? That is what they are arguing, not more rights; just more time to determine the sex.

                              • 1 vote
                              Reply#130 - Mon Apr 2, 2012 5:22 PM EDT

                              Good post, Big John. I seen a program 3 or 4 yrs ago about "gender assignment at birth". This doc showed pics of babies at birth and the interviewer was to guess at the gender of the baby. Looking at the pics, I was uncertain why the gender was being questioned at all. The physical parts of the baby was obvious (to me and the interviewer) either male or female. It was not explained (that I remember) how it was determined by the docs, but they performed the operations soon after birth to make the babies the opposite of what was obvious to me (and the interviewer). Seemed wrong at the time and now even more so.

                                #130.1 - Tue Apr 3, 2012 11:51 AM EDT
                                Reply

                                In cattle breeding there are heifers called freemartins. It happens when twin calves are born one male and one female. In cows pregnant with twins, the placentas get connected and trade DNA and hormones back and forth. If they're the same sex, it doesn't matter. If not, the heifer will usually(about 90%)have extremely small sex organs, or even some male organs inside. She will not come into heat or breed and will act "bully". A vet can find it or else just wait until puberty, about 6 months to see if she comes into heat. The bulls from these pairs are not kept for breeding and are made into steers. This does not happen with human twins. But the hermaphrodites/intersex have a similar condition due to genes or homones in the womb. It's part of nature. Like Big John said, these people don't want extra rights, just the right to be themselves.

                                  Reply#131 - Tue Apr 3, 2012 4:34 AM EDT

                                  this isnt a herm but a woman with a freakishly large clit.

                                  • 1 vote
                                  Reply#132 - Sat Apr 14, 2012 8:29 PM EDT

                                  At least if you tell one of these hermaphrodites to go feck themselves, they could.

                                    Reply#133 - Sun Apr 15, 2012 1:55 PM EDT

                                    The typical approach by another special interest group. They are right, everyone else is wrong. They are special, you don't count. Demand privileges under the guise of equality. They are normal, everyone else is not. And there is no God and no natural law. And, finally, they get to interpret what is right and what is wrong for everyone else.

                                      Reply#134 - Thu May 10, 2012 11:12 AM EDT

                                      WHY LAWS
                                      MANDATING MARRIAGE BETWEEN A “MAN” AND A “WOMAN” ARE SCIENTIFICALLY ABSURD

                                      by
                                      Daniel Smith, RN, Doctoral Student

                                      There is a current trend for states to mandate marriage laws
                                      stipulating that a marriage will only be legally recognized between a “man and
                                      a woman” which prohibits “same-sex” marriage. This also should be more
                                      correctly referred to as same-gender marriage,
                                      not same sex. The term “sex” is used incorrectly, and additionally, is an
                                      emotionally inflammatory or salacious term, at least to some members of the far
                                      right.

                                      First, if we are going to enact laws based on a biological basis, we should use precise
                                      biological terms: we should use “male” and “female,” not “man” and “woman,”
                                      since these are sociological terms, not biological ones. Also, if we are going to enact a law at all,
                                      it should be agreed that any law, to be fair, should be applied to all adult members
                                      of the population equally; to not do so results in discrimination.

                                      The problem with a law stipulating marriage as that between
                                      a “male” and a “female” is: if you are going to be so specific as to stipulate
                                      the requirements of whom might enter into a contract of this type (marriage
                                      contract), or engage in this legal activity, then those who favor such a law with such specific
                                      requirements, should be required to precisely define the terms, “male” and
                                      “female” such that there is no uncertainty of who is qualified, and who is
                                      not, to enter into said marriage contract.
                                      Many people would think this absurd: everyone knows the difference
                                      between a male and a female. Many, if
                                      not most, people assume, incorrectly,
                                      that everyone, all humans, are either one, or the other. They take for granted that all persons
                                      identified by the public as male, can easily be identified by physical factors
                                      common to all males, and the same
                                      regarding females. Things are not so cut
                                      and dried biologically. Unfortunately,
                                      it is almost impossible to state mental, physical, and/or even genetic
                                      factors to define what it is to be a “male” or to be a “female” such that all humans will either be one
                                      or the other; there will always be a sizeable number of humans that have
                                      physical and/or genetic attributes that will prevent them from being definitively
                                      labeled as either male or female. Additionally, there are thousands of persons
                                      who have physical features that would enable them to be placed in both male and female categories. For such a specific law to be enforceable, one
                                      must be able to place all humans in one, and only one,
                                      category: either definitely male or female, with no duplication or overlap.

                                      If one cannot
                                      precisely
                                      define what it is exactly which
                                      would enable one to identify a given person as a male or female, and can be
                                      applied to every human equally, then
                                      the required terms to the marriage contract, i.e., male and a female, if unable
                                      to be defined, are too vague for the law to be validated. That law must be withdrawn as being too vague
                                      to be enforced, as the genders identified in the law cannot be undeniably
                                      identified and classified. If you don’t
                                      know what you’re looking for, how you know if you’ve found it?

                                      The terms, “male” and “female” are nouns, or terms, not
                                      descriptions. A law must be explicit on the meaning or descriptions of terms in
                                      order for a law to be verified or enforced. For example, when you use a term
                                      that you cannot define, it is an unknown variable. In math, this is represented
                                      usually by a letter, such as “X” or “Z”. We can evaluate the law in a
                                      mathematical way. In order for someone to practice as a doctor in our society
                                      (or lawyer, or any other profession), we require: Person + professional degree + pass boards
                                      and other required training=ability to practice in profession. There are, however, other descriptions that
                                      stipulate the required training and scores, etc., such that we know the person
                                      in question is qualified or eligible to practice in that profession. The
                                      required courses and other qualifications are elaborately spelled out in
                                      detail, so there is NO unknown variable. You know without a question, that the
                                      person involved has met every qualification required by society, to legally
                                      engage in that activity.

                                      Regarding the current laws mandating that marriage is
                                      between a “male” and a “female” would, currently, look like: X + Z = marriage. These are represented by letters, as the
                                      terms, “male” and “female”, not having been specifically defined, are unknown.
                                      You are unaware of what each term comprises, or what the exact requirements and
                                      qualifications are. We do NOT know that
                                      each person represented by each term is qualified to engage in that activity. There must be a way to verify eligibility,
                                      and you cannot do that, if you cannot define what the eligibility actually
                                      comprises. This, in my opinion, makes
                                      the law legally too vague to be valid or even constitutional.

                                      Biologically, there are a few ways to discern the differences
                                      between a male and a female.

                                      1) mental differences

                                      2) physical differences

                                      3) genetic differences

                                      For the law to be valid, and verifiable, one should be able
                                      to use one of these attributes to definitively classify any given individual as
                                      either male or female. If you cannot classify every adult as either
                                      male or female by using valid scientific criteria instead of religious doctrine,
                                      those laws are too vague and should be
                                      invalidated on the grounds that they discriminate against tens of thousands of
                                      people.

                                      Before I address
                                      these criteria to explore why each one cannot
                                      (biologically)
                                      be used to classify each human, it should be noted that most humans DO fit completely into one
                                      classification or the other. They are CLEARLY male or female. The concern here is that there is a significant
                                      portion of society which cannot be clearly defined as male OR female. Some are neither, some could be considered
                                      both. Based on those facts, this law
                                      must be found invalid, as it discriminates against thousands of people. If the law is strict, and is enforced as is
                                      currently written this group of individuals would never be allowed to marry. Let’s discuss each category.

                                      1) Mental differences: While probably most people would agree that
                                      there are some mental differences between males and females, it would be absurd
                                      to classify a person as “male” or “female” by their mental status. Everyone knows men who appear feminine, and
                                      women who are masculine, and everything in between. Clearly, mental differences CANNOT be used to
                                      classify a person as male or female for the purposes of marriage.

                                      2) Physical
                                      differences: Probably most people would say
                                      THIS is the area that would make it easy to tell the difference between a male
                                      and a female—perhaps not. Let us look at each item individually.

                                      A) Presence
                                      or absence of breasts: Traditionally, a
                                      female is known (or assumed) to have breasts
                                      and a vagina. If these are used as
                                      criteria, then the presence of these organs would
                                      define the person as a female, and the absence, rules the person OUT as a
                                      female. It is obvious that this
                                      cannot be used as defining a person as a female. This narrowed view is very sexist—it would define a
                                      woman as being comprised of only breasts and a vagina. What does it mean to have “breasts?” All
                                      humans have breasts. It is only a matter of size. Would you, then,
                                      define a woman as having larger breasts than a man? Clearly, as we all have seen, this cannot be true. It might be true for some¸ but not ALL. If it does not apply to ALL, it cannot be
                                      used as a defining criterion. We have all seen women
                                      who have minimally developed breasts. We
                                      have all seen obese males with very large
                                      and pendulous breasts, as well as everyone in between. One might argue, “…a woman’s breast, regardless of size, is different than a
                                      man’s, since it can produce milk.” Scientific fact is that a man’s breast can
                                      produce milk if sufficiently stimulated.
                                      The presence or absence of breasts CANNOT be used as criteria to classify a human as male or female, as it applies to both.

                                      B) Presence
                                      or absence of a vagina/Presence or absence of a penis/Presence or absence of a scrotum/testicles: Well,
                                      then, regardless of breasts, a female has a vagina, and a male has a penis and a scrotum with
                                      testicles.
                                      This limited definition
                                      makes it easy to invalidate it as scientific
                                      criteria.

                                      If you define a female as having
                                      breasts and a vagina, then what do you call her if she has one of those elements removed, as in
                                      cancer? By using this anatomical definition, she would no longer be
                                      considered a female, nor could she be considered a male. Under those limitations she would not legally be
                                      allowed to marry--and IF already married would she be compelled to get divorce, or would the marriage be
                                      nullified? And the same for a male;
                                      if his penis or scrotum or testicles removed due to trauma, or cancer, is he no
                                      longer a male? If you say he IS still a male, then obviously the
                                      presence (or absence) or these organs make
                                      do difference, and thus cannot be used
                                      as criteria.

                                      3)
                                      Genetic differences: Well, then, a person, in order to be a
                                      female, needs to be at least BORN with breasts and a vagina, and a male must be
                                      BORN with a penis and testicles, in order to be gender classified.
                                      Biologically, these cannot be used as criteria.
                                      Some
                                      people are born with vaginas; some are born with penises. But some are not born
                                      with either, and some are born with both, and others are born with organs that
                                      are so unformed you cannot tell what they
                                      are. So how do we classify these others? As a result of genetic problems, many
                                      children are born with what are termed, “ambiguous genitalia,” meaning one
                                      cannot tell by looking if they are male or female. Sometimes a child is born
                                      with what appears to be male genitalia on the outside, but mostly female organs
                                      on the inside, or vice-versa.

                                      How would we classify these individuals? Male or female? Who
                                      would have the right to arbitrarily assign a gender to a person who has the
                                      anatomical attributes of both or none? A number of terms have been used to classify
                                      these individuals: hermaphrodites (those who have both male and female genitalia);
                                      neuters (those who have neither); and the more current term: intersex persons,
                                      as that term encompasses all physical sexual abnormalities.

                                      Under the current law, a person with some of these physical
                                      abnormalities would not be able to get
                                      married at all,
                                      since that person cannot be classified as male or female. Some
                                      might think: These persons are so few in
                                      number; it really is not a factor that needs to be considered.
                                      False. These individuals comprise a much larger
                                      segment of the population than most people think. According to the CDC, at
                                      http://www.cdc.gov/nchs/fastats/births.htm; the number of births in the US in
                                      2009 (last year stats are available) was 4,130,665. According
                                      to the web site, Intersex Society of North America,
                                      http://www.isna.org/faq/frequency, the following information is shown:

                                      “Here’s what we do know: If you ask experts at medical
                                      centers how often a child is born so noticeably atypical in terms of genitalia
                                      that a specialist in sex differentiation is called in, the number comes out to
                                      about 1 in 1500 to 1 in 2000 births. But a lot more people than that are born
                                      with subtler forms of sex anatomy variations, some of which won’t show up until
                                      later in life.

                                      Below we provide a summary of statistics drawn from an article by
                                      Brown University researcher Anne Fausto-Sterling.2 The basis for that article was an extensive
                                      review of the medical literature from 1955 to 1998 aimed at producing numeric
                                      estimates for the frequency of sex variations. Note that the frequency of some
                                      of these conditions, such as congenital adrenal hyperplasia, differs for
                                      different populations. These statistics are approximations.

                                      Not
                                      XX and not XY

                                      one
                                      in 1,666 births

                                      Klinefelter
                                      (XXY)

                                      one
                                      in 1,000 births

                                      Androgen
                                      insensitivity syndrome

                                      one
                                      in 13,000 births

                                      Partial
                                      androgen insensitivity syndrome

                                      one
                                      in 130,000 births

                                      Classical
                                      congenital adrenal hyperplasia

                                      one
                                      in 13,000 births

                                      Late
                                      onset adrenal hyperplasia

                                      one
                                      in 66 individuals

                                      Vaginal
                                      agenesis

                                      one
                                      in 6,000 births

                                      Ovotestes

                                      one
                                      in 83,000 births

                                      Idiopathic
                                      (no discernible medical cause)

                                      one
                                      in 110,000 births

                                      Iatrogenic
                                      (caused by medical treatment, for instance progestin administered to pregnant
                                      mother)

                                      no
                                      estimate

                                      5
                                      alpha reductase deficiency

                                      no
                                      estimate

                                      Mixed
                                      gonadal dysgenesis

                                      no
                                      estimate

                                      Complete
                                      gonadal dysgenesis

                                      one
                                      in 150,000 births

                                      Hypospadias
                                      (urethral opening in perineum or along penile shaft)

                                      one
                                      in 2,000 births

                                      Hypospadias
                                      (urethral opening between corona and tip of glans penis)

                                      one
                                      in 770 births

                                      Total
                                      number of people whose bodies differ from standard male or female

                                      one
                                      in 100 births

                                      Total
                                      number of people receiving surgery to “normalize” genital appearance

                                      one
                                      or two in 1,000 births

                                      1 Dreger, Alice Domurat. 1998. Ambiguous Sex—or Ambivalent Medicine? Ethical Issues in the Treatment of
                                      Intersexuality
                                      . Hastings Center Report, 28, 3: 24-35.

                                      2 Blackless, Melanie, Anthony Charuvastra, Amanda Derryck, Anne
                                      Fausto-Sterling, Karl Lauzanne, and Ellen Lee. 2000. How sexually dimorphic are we? Review and synthesis. American
                                      Journal of Human Biology
                                      12:151-166.”

                                      If you use the lesser estimate, 1 in 2000 births have such
                                      ambiguous genitalia that an expert needs to be called in, that amounts to
                                      almost 2,100 births a year in the United States. This is a lot of people who
                                      cannot be determined to be male or female. In 10 years that is almost 21,000
                                      persons.

                                      This approximation only deals with external genitalia; if you
                                      include all of the others shown in the table, who might have a mixture of
                                      physical characteristics of both male and female, such as Kleinfelter “males”
                                      or Turner “females”, the numbers are much higher. Kleinfelter males (who
                                      frequently have both male and female physical characteristics) are estimated at
                                      between 1 in every 1000, to 1 in every 2000 births in the US; this would be an
                                      additional 1000-2100 births a year to the above estimates; Turner females are
                                      estimated at 1 in every 5000 births, or another almost 1000 births a year (sex
                                      chromosome abnormalities will be discussed below).

                                      Some infants, who would otherwise be known as a female, are born
                                      with fused labia, so that it appears as a scrotum--they do not have a vagina. There
                                      are almost endless variations on the theme for both male and female children. Since
                                      there are thousands of genital malformations and abnormalities every year in
                                      the US (and all over the world) the presence or absence of any particular
                                      genital configuration cannot be used as a criteria for classifying any given
                                      person as male or female.

                                      A woman can bear a
                                      child or has a uterus, so she can bear a child
                                      . Not necessarily. There are many people that most would
                                      classify as a “female” who do not have, nor were born with, a uterus. Sometimes
                                      what would have been a uterus is merely a streak of connective tissue. The same
                                      would apply to the presence, or absence, of ovaries. The
                                      ability of being able to bear a child cannot be used as criteria, because many
                                      normal women are unable to bear children for a variety of reasons, whether or
                                      not they have, or have had, a uterus (or the presence or absence of ovaries).

                                      Ok then, clearly the
                                      only definitive way to tell a “female” from a “male” is in the genes: a female
                                      has 2 “X” chromosomes, and a “male” has one “X” and one “Y”.
                                      If this is
                                      how the legal definition will ultimately be framed to clearly
                                      distinguish between “males” and “females”, then thousands and thousands of
                                      people will not be able to get married because they do not fall into either one
                                      of those definitions.

                                      As many people know, the “sex chromosomes” are those which
                                      determine gender. Yes, the presence of two X chromosomes will determine a
                                      female, and one X and one Y will determine a male; but there are thousands of
                                      people who have sex chromosomes in other
                                      arrangements. Everyone must have at
                                      least ONE X; to not have one is incompatible with life. (Merck Manual, 2012). How do we classify a person who only has ONE
                                      X (X,O) and nothing else? What about a
                                      person who has XXY? A person who has XYY? A person who has XXYY? A person who
                                      has XXX, or XXXX, or XXXXXXY? Or XYYYYYY?

                                      There are thousands of people who have a genetic
                                      configuration other than that of a “typical” male or female. If you used this
                                      as criteria for “marriageability”, thousands would never be able to ever be
                                      legally married. Genetic configuration
                                      cannot be used as criteria for determining the differences between a male and
                                      female because it would discriminate against thousands of adults.

                                      In summary, one cannot use mental differences to classify a
                                      person as male or female; one cannot use the presence or absence of external
                                      genitalia or breasts to classify a person as male or female; and one cannot use
                                      the genetic configuration of an individual to classify that person as male or
                                      female, because in all of the above situations, there are thousands who will
                                      not fit into either or both classifications.

                                      If you cannot use any of the above as a sure-fire way to
                                      classify ALL humans as EITHER male or female, how are you going to define what it is, to BE a male or a female, such
                                      that all persons are either one or the other, but not both, nor neither?
                                      If
                                      you CANNOT definitively define what it is
                                      to be male or to be female, how can you create or uphold a law stipulating
                                      these characteristics as a requirement to complete or engage in the contract
                                      (marriage)?

                                      Religiously, it might be desirable to classify everyone as
                                      either a male or female, but biologically it is nearly impossible. Many
                                      thousands are partially both, or neither.

                                      References

                                      Beers, M.H., Porter, R.S., Jones, T.V., Kaplan, J.L.,
                                      Berkwits, M.B., The Merck Manual of Diagnosis and Therapy (2012); Merck and
                                      Co., Inc.

                                      The Centers for Disease Control and Prevention, Births and Natality, (2012), author
                                      unknown

                                      http://www.cdc.gov/nchs/fastats/births.htm;
                                      retrieved from the internet on May 9,2012

                                      The Intersex Society of North America, How Common is Intersex?(2012); retrieved from the Internet on May 9, 2012 http://www.isna.org/faq/frequency

                                        Reply#135 - Thu May 10, 2012 9:29 PM EDT

                                        How about just a link? Or, if you can't do that, some sort of directions on how to retrieve it. Cutting and pasting an entire paper like that only makes the point that you are egotistical and inept, and no other.

                                          #135.1 - Sat May 12, 2012 2:53 PM EDT
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