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Not Everyone is Male or Female

Daily Remedy by Daily Remedy
February 23, 2022
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Not Everyone is Male or Female

Carl Streed Jr, Boston University and Frances Grimstad, Harvard University

Check out your birth certificate and surely you’ll see a designation for sex. When you were born, a doctor or clinician assigned you the “male” or “female” label based on a look at your genitalia. In the U.S., this has been standard practice for more than a century.

But sex designation is not as simple as a glance and then a check of one box or another. Instead, the overwhelming evidence shows that sex is not binary. To put it another way, the terms “male” and “female” don’t fully capture the complex biological, anatomical and chromosomal variations that occur in the human body.

That’s why calls are growing to remove sex designation from birth certificates, including a recent recommendation from the American Medical Association.

I am a professor of medicine who has worked extensively on lesbian, gay, bisexual, transgender, queer, intersex and asexual (LGBTQIA+) issues. My co-author is a professor of gynecology who is deeply involved in the health of people who are trans and intersex.

Our research and clinical experience show that sex designation is not something to take for granted. For those who don’t fit neatly into one of two categories – and there are millions – an inappropriate classification on a birth certificate can have consequences that last a lifetime.

What does intersex mean?

The problems with sex designation

Variations in genital anatomy happen more frequently than you might think; they occur in 0.1 to 0.2% of births annually. In the U.S., that’s about 4,000 to 8,000 babies each year.

Other sex traits don’t necessarily help either. Doctors examining the reproductive organs can find people born with both a vagina and testes, and also those born without any gonads. And when evaluating an individual’s estrogen and testosterone hormone levels, long defined as key determinants of female and male bodies, doctors find some people with vaginas still produce significant amounts of testosterone. Because of this, testosterone is not a great indicator for defining sex; higher amounts of testosterone do not necessarily make someone male.

Even karyotyping – a laboratory procedure used since the 1950s to evaluate an individual’s number and type of chromosomes – doesn’t tell the whole story. While we typically expect people to either have XX or XY pairs of sex chromosomes, many people have variations that do not fit either category. These include Turner syndrome, in which a person is born with a single X chromosome, and Kleinfelter syndrome, which occurs when a person is born with a combination of XXY chromosomes.

In short, human diversity has demonstrated that the binary categories of male and female are incomplete and inaccurate. Sex designation, rather than “two sizes fit all,” is on a spectrum. Up to 1.7% of the U.S. population – that’s more than 5 million Americans – have an anatomy and physiology that present intersex traits.

What it’s like to be intersex.

Binary designations can be damaging

Those with intersex traits who are assigned at birth to be female or male can experience medical care that harms them, both physically and psychologically.

Sometimes physicians perform surgeries to align bodies into binary categories. For example, those born with a larger than typical clitoris may have it reduced in size. But some who have this childhood surgery suffer as adults from pain and difficulty having sex.

[Get The Conversation’s most important coronavirus headlines, weekly in a science newsletter]

Additionally, governments sometimes limit those with intersex traits from fully participating in society. For instance, in Australia, marriages have been annulled because governments have previously ruled that an intersex person – someone not seen to be “100% man” or “100% woman” – cannot be legally married.

Private entities often do the same. The International Olympics Committee uses cutoffs of hormone levels to determine who plays in women’s sports. As a result, some athletes have been barred from participation.

And for those with a gender identity that differs from the sex designation on a government document, discrimination, harassment or violence can result.

State governments have begun to acknowledge sex diversity. Some let gender-diverse people change their designation on birth certificates, although there are restrictions. Medicine too is changing. For example, some pediatric centers have stopped performing surgeries on newborns with differences in sex development. Still, society at large has been much slower to move beyond the use of strictly binary categories.

As clinicians, we strive to be accurate. The evidence shows that using male and female as the only options on birth certificates is not consistent with scientific reality. Evidence shows that removing this designation will tell new parents that it’s not sex assignment that’s most important at birth but rather the celebration of a healthy and happy baby.

Carl Streed Jr, Assistant Professor of Medicine, Boston University and Frances Grimstad, Assistant Professor of Gynecology, Harvard University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Daily Remedy

Dr. Jay K Joshi serves as the editor-in-chief of Daily Remedy. He is a serial entrepreneur and sought after thought-leader for matters related to healthcare innovation and medical jurisprudence. He has published articles on a variety of healthcare topics in both peer-reviewed journals and trade publications. His legal writings include amicus curiae briefs prepared for prominent federal healthcare cases.

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Summary

In this episode of the Daily Remedy Podcast, Dr. Joshi discusses the rapidly changing landscape of healthcare laws and trends, emphasizing the importance of understanding the distinction between statutory and case law. The conversation highlights the role of case law in shaping healthcare practices and encourages physicians to engage in legal advocacy by writing legal briefs to influence case law outcomes. The episode underscores the need for physicians to actively participate in the legal processes that govern their practice.

Takeaways

Healthcare trends are rapidly changing and confusing.
Understanding statutory and case law is crucial for physicians.
Case law can overturn existing statutory laws.
Physicians can influence healthcare law through legal briefs.
Writing legal briefs doesn't require extensive legal knowledge.
Narrative formats can be effective in legal briefs.
Physicians should express their perspectives in legal matters.
Engagement in legal advocacy is essential for physicians.
The interpretation of case law affects medical practice.
Physicians need to be part of the legal conversation.
Physicians: Write thy amicus briefs!
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