Over the last week news outlets—from Der Spiegel to the Wall Street Journal—have reported that Germany has become the second country to permit a “third” gender option for the birth of children (Australia was the first).  These reports suggest that the aim of the law is to allow parents to defer a decision regarding sex assignment in cases where a child’s sex anatomy is not clearly male or female.

But while the measure may appear to be a progressive response to the recognition of the violations wrought by the standard of care for children with atypical sex anatomies, activists in Germany and elsewhere have suggested that the new law does not in fact address the serious violations committed in response to the births of children born with atypical sex anatomies.

image credit www.malta.com.mt

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The new German birth certificate law is NOT about making an optional ‘3rd gender entry’ available for the intersexed, but in fact prohibits ‘ambiguous’ children to be registered as ‘M’ or ‘F. ‘Therefore, for the persons concerned, this new law is stigmatising, bound to result in more mutilating ‘genital corrections’, and generally bad news – quite contrary to the ‘uplifting’ ‘gender progress’ fantasy the media made out of it, at the expense of even more mutilated children, again.

Children’s assignment is not a matter of parental choice, but remains a medical decision. Without normalizing interventions, children born with atypical sex anatomy will be assigned this third category. In the view of Zwischengeschlecht, the creation of new categories of persons begins to look like another way to make of those with atypical sex anatomies “the problem.” What if we do not see atypical sex anatomies as the problem, but understand the problem instead to lie in social intolerance of anatomical variation, and the imperative of normalization that attends this intolerance?  Framed in this way, a solution to the problem will not be the creation of new categories of persons, but the prohibition of unnecessary and nonconsensual medical interventions.