State Rep. Merrill F. Nelson’s proposed bill that would ban the state of Utah from changing the gender listed on a person’s birth certificate — House Bill 153 — is not only based on complete ignorance of the nature of biological sex but is an affront to all intersex, transgender and gender nonconforming individuals.
The problem begins with its definition of sex as found in the bill: “Sex means male or female, the innate and immutable characteristics established at conception and that can be confirmed before or at birth.”
Biologically speaking, there are not just two sexes. First of all, there are at least five karyotypes. The types 46XX and 46XY are not exhaustive. There are also 45X, 47XXY and 45X/46XY. Second, the karyotype doesn’t completely determine sexual development. For example, if one has the 46XX karyotype with a gene called SRY, then one might develop testicles. Or if one has 46XY and has a condition called androgen insensitivity, then, by all outward appearances, one will be a woman (and will be assigned female at birth). Moreover, there are genetic mutations that can alter how sexual development proceeds.
The simple fact of the matter is that the biology of sex is much more diverse than Nelson understands. He clearly needs to take a class or read a book about the biology of sex before he writes such a bill. I suggest the book “Evolution’s Rainbow,” by Joan Roughgarden.
Why does the fact that Nelson’s bill is based on ignorance of actual biology matter? Well, when the bill defines female as “an individual with ovaries who is confirmed before or at birth to have external anatomical characteristics that appear to have the purpose of performing the natural reproductive function of providing eggs and receiving sperm from a male donor,” it just gets the facts about biology wrong. Women with androgen insensitivity wouldn’t count as female.
So, one huge problem with this bill is that it is an attempt to legislate against biological reality. But legislating against biology is not the biggest problem with this bill. This bill is clearly designed to prevent transgender individuals from being able to change their sex on the birth certificates. Why do Nelson and others who support this bill want to do this? It is because they do not accept our identities as valid, probably for religious reasons.
But on this point the scientific consensus stands firmly against them. It is true that in the past the scientific, medical and therapeutic communities rejected trans identities. But this has changed in the past decade or so as we continue to discover more about the sexual differentiation of the brain and as therapists discover how to best treat people with gender dysphoria.
All successful work in these areas confirms that trans identities are valid. In fact, the work on the sexual differentiation of the brain suggests that individuals with gender dysphoria might very well have an intersex brain, so to speak. But does Nelson know about any of this? Probably not. His bill certainly doesn’t reflect any substantive knowledge about any of these issues. It is fueled by hatred, not understanding.
HB153 would be a legislative tragedy for trans and intersex individuals in Utah. I call upon all reasonable state legislators to reject it.
Kelli Potter is a transgender woman and an associate professor of philosophy at Utah Valley University, where she teaches classes on the philosophy of science and gender.
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Their is more than one gender and sex. This can happen for a combination of reasons, not just being transgender. People may just not develop fully in the womb or other medical reasons. By denying these people exist, Nelson is not only being extremely close minded, he is preventing people with medical conditions from living freely and equally.
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Many people struggle with the fact that they cannot change their birth certificates. For example, the military ban is one reason. If they can’t change their birth certificate, than the military would be able to ban people who are transgender.
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Gender dysphoria is often triggered when someone is seen and perceived as the gender they do not identify as. Anyone who is transgender and experiences gender dysphoria may really need the confirmation of a birth certificate or other legal form stating the gender they identify as in order to feel like they exist.
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