ForMs of gender: X

This is the final post in the series talking about the gender marker X, instead of F or M. Some people, especially within my high school friend group, would benefit from identifying with X (meaning ‘unspecified’) instead of F for female or M for male. People whose gender identities are nonbinary, agender, genderqueer/genderfluid or even intersex individuals might prefer X to whatever letter they were assigned at birth.

If you aren’t familiar with any of the terms used in this post, feel free to refer to the first post in the series, where I cover definitions.

Previous posts covered countries’ policies on using gender X on governmental documents (birth certificates, drivers licenses, passports, social security records, etc.). Countries such as Germany and Canada have implemented gender X policies. The states of California, Oregon, and Washington have also implemented gender X. If some states are already implementing gender X, wouldn’t it be useful to have a federal decision made on whether X can be used as a marker on government-issued documents?

The American Psychological Association (APA) Dictionary of Psychology defines gender as:

Gender (n): the condition of being male, female, or neuter… gender implies the psychological, behavioral, social, and cultural aspects of being male or female (i.e., masculinity or femininity.)

…whereas sex is defined as:

Sex (n): (1) the traits that distinguish between males and females. Sex refers especially to physical and biological traits, whereas GENDER refers especially to social or cultural traits, although the distinction between the two terms is not regularly observed. (2) the physiological and psychological processes related to procreation and erotic pleasure.

So sex is what is literally in your pants (male genitalia, female genitalia, both, or neither) but gender is how you see yourself fitting into society (masculinity, femininity, androgyny).

The Washington State Department of Health defines Gender X as:

A gender that is not exclusively male or female, including, but not limited to, intersex, agender, amalgagender, androgynous, bigender, demigender, female-to-male, genderfluid, genderqueer, male-to-female, neutrois, nonbinary, pangender, third sex, transgender, transsexual, Two Spirit, and unspecified.

Using gender X gives the capacity for government to recognize genders other than cis-gender. It also gives support and a voice for intersex people, in those countries which allow and support the third gender marker.

Aside from being more inclusive for citizens of the United States, gender X would be recognized on the legal documents from other nations who also recognize gender X.

However, if the gender marker X is used on a passport, and then the individual travels to a country which does not support the gender X notation, the passport holder would be ‘outed’ by airport security and officials, according to the UK Passports Company. Access to countries could be denied if that country does not support the LGBTQ+ (lesbian, gay, bisexual, transgender, queer, plus) community.

An example of this occurred in 2016 when Gigi Gorgeous, an MTF transgender YouTuber, was denied access into Dubai because of her transgender status. You can read more about the incident here.

Making a nation-wide decision to officiate the gender marker X could help bind the states together: those who already accept gender X and those who do not yet have legislation. Globally, implementing gender X could put pressure on other countries to do the same, as well as being accepted in countries that already have gender X implemented. Problems can arise, similar to Gigi’s Dubai experience, in countries that do not accept gender X.

Personally, I think gender X should be implemented. Do you?

It’s been a while since I’ve posted so let’s recap. Most people think gender is in the binary, either male or female. But due to genetics, chromosomal conditions, or self-identification, a third-gender option for legal paperwork (i.e., driver’s license, passport, social security records) is becoming more popular, inclusive, even necessary. I’ve taken a look at places that have already implemented a third-gender option, such as Germany and Canada. This week you don’t need a passport because we are staying within the United States to build further the case of needing a third-gender option in this country. Let’s travel to the west coast to possibly the rainiest state of Washington.

Most Americans agree with the statement that the United States divides between Republicans (mostly conservative) and Democrats (mostly liberal). The picture below shows how each state voted in the past four presidential elections. The bright red states carried Republican in all four elections; the pink color carried three out of four. Purple shows the states that went Republican for two elections and Democratic for the others. The pale blue carried 75% Democratic and the dark blue shows the states that carried Democrats in the past four elections.

From this, it’s easy to see that Washington would be more inclined to be progressive towards including a third-gender option. A CNN article from earlier this year stated that at the end of January, Washington state implemented gender X as a marker on birth certificates. The article went on to say that California and Oregon might follow in Washington’s footsteps, introducing similar legislature to (hopefully) pass later this year.

Washington State Department of Health defined gender X as

“A gender that is not exclusively male or female, including, but not limited to, intersex, agender, amalgagender, androgynous, bigender, demigender, female-to-male, genderfluid, genderqueer, male-to-female, neutrois, nonbinary, pangender, third sex, transgender, transsexual, Two-Spirit, and unspecified.”

For a minor in Washington to change their gender marker on an existing birth certificate, a notarized letter from a doctor is necessary, according to this article from Logo TV, as well as parental or guardian permission in the form of written consent. An adult doesn’t have to get a doctor’s letter from this new legislation.

The president and CEO of GLAAD (formerly known as the Gay and Lesbian Alliance Against Defamation, now only known as GLAAD), Sarah Kate Ellis stated, “it is vital that states catch up and acknowledge the reality of the non-binary community.” You can check out GLAAD at their website here.

Ellis also cited a recent GLAAD publication that 20% of the United States population between the ages of 18 and 34 identified as LGBTQ+. As the age goes up, the percentage of LGBTQ+ members go down, showing an increasing need for a third gender option. In addition to the young LGBTQ+ community, 63% of people who don’t identify as LGBTQ+ themselves call themselves an ally to the LGBTQ+ community. An ally is someone who is not in the LGBTQ+ community but can provide support and advocate on behalf of the community.

A possible benefit to the Washington legislation is a reduced risk of harassment, embarrassment, or dysphoria to those whose gender marker does not reflect their gender expression. (If you don’t completely understand the terms used in this post, feel free to review this post which covers many definitions.) Think about it: if you are a female, but your driver’s license says M, and you get pulled over for speeding, it could be awkward explaining the discrepancy on the documentation.

Personally, I recently went through this change. I am openly transgender (female to male). I underwent a name change petition, and with that, I can legally change my gender marker to M on my driver’s license, social security card, and birth certificate. Many of my friends (anatomically female but identify under the nonbinary umbrella using they/them pronouns) have their birth name as their legal name, an example being Stephanie opposed to Steve or Stephan, and an F marker. I think for my friends, an X marker would better representation.

Next week, I’ll wrap up this blog series by reviewing the evidence and the precedence of introducing a third-gender option at the federal level as a baseline.

So far, I’ve taken you on a journey to Europe, through Germany, and briefly through Asia and Australia. If you missed it, or want a refresher, check it out here. Now let’s take it back to /north/ North America, meaning Canada and all ten provinces and three territories.

Since Justin Trudeau (a part of the Liberal Party) took the spot of Prime Minister in Canada in 2015, he has been discussing and making changes towards inclusivity of non-binary gender options and inclusivity of transgender citizens. Trudeau’s winning election marked a shift from the nine-and-a-half-year rule of Conservative Party Prime Minister Stephen Harper.

In 2015, changing gender markers for trans* individuals1 became possible /without/ the need to prove gender-conforming surgery (aka “bottom surgery” – the changing of genitalia to match the individual’s identity). According to spokesperson Bill Brown, “This change will give persons who identify themselves as another gender, but have not undergone surgery (or do not plan to), access to an accurate citizenship certificate.” The new legislation calls for two identity documents and a statement from a third party (such as a therapist or counselor) affirming the identity of the trans* individual. Many of the provinces were already ahead of the curve of the national legislation by allowing an amended birth certificate without proof of gender-confirming surgery.

A year later, Trudeau became the first Canadian Prime Minister to march in a Pride Parade where he introduced legislation that called for Gender X to appear on passports. The government reviewed cases where the gender identity of the individual did not match the binary. (If you aren’t familiar with terms such as gender binary, check this post out.) Canada looked at other governmental models, such as Germany, to model the new protocol.

“All Canadians should feel safe to be themselves, live according to their gender identity and express their gender as they choose,” said Ahmed Hussen. “By introducing an ‘X’ gender designation in our government-issued documents, we are taking an important step towards advancing equality for all Canadians regardless of gender identity or expression.”

2017 held more progressive steps for Canada.

The legislation passed in Summer of 2017 and took effect August 31, 2017. Some appreciate the legislation while others pushed back on it. One Canadian said, “Putting an X there singles people out as different.” They believe that no gender or sexual identity should be put on identification whatsoever. Gender identification is found on all government-issued forms of ID primarily in North America.

Each province keeps making strides towards inclusivity as well. At the same time that Canada was voting to pass Gender X legislation, Ontario passed the Supporting Children, Youth and Families Act of 2017. Ontario’s legislation allows child protection services, foster and adoption service providers, and judges to respect a child’s differences. The list includes race, color (of skin), citizenship, sex, sexual orientation, and gender identity and expression. The Minister of Child and Family Services considers the disrespect of gender identity and expression as a form of abuse. You can read here about a lawsuit where a pair of Christian foster parents sued Hamilton Children’s Aid Society, supporting the Ontario Act.

Even now, a month into 2018, the Northwest Territories started the new year with a bang by officially adding gender X to the options for drivers’ licenses, birth certificates, and other identification; with the intent to add inclusivity for intersex, non-binary, transgender, and two-spirited citizens. Two other provinces, British Colombia and Ontario, have passed similar legislation. The Northwest Territories are the first to allow gender X on birth certificates.

Ryan Dyck, a researcher at Egale Canada, states, “The right to self-identity is paramount.” As Canada moves forward with making legislation promoting inclusivity towards the LGBT+ community, the pressure is on America to follow suit.

Imagine that you are the proud parent of a new baby. But this baby is different from others. Your baby has both genitalia; both are working systems. The nurse comes in to take down the baby’s name and sex assigned at birth. What do you do? Do you call them a girl’s name (ex. Eve), a boy’s name (ex. Adam), a gender-neutral name (ex. Sam)? You, as the parent, must decide whether your baby is a boy or a girl solely based on what you want. If you lived in Germany before 2013, you had one week to figure it out.

That just seems like a lot of pressure for the parents of nearly 160,000 Germans born intersex (born with both genitalia likely due to chromosomal abnormalities).

Germans are pretty accepting when it comes to LGBT+ (lesbian, gay, bisexual, transgender, and many more identities) issues such as legalized same-sex marriages or unions and the treatment of intersexuals and transgendered citizens. Although marriage in Germany is defined as solely between a man and a woman, as it is in many countries, same-sex couples can partake in a civil union and have the same benefits of heterosexual marriage.

Germany has always been ahead of its time about gender. In the late 18th century, one of the legal founding documents, similar to the American Constitution, had a paragraph called “Zwitterparagraf,” translated into the “Hybrid (Hermaphrodite) paragraph.” These “zwitters” were to have their sex chosen by their parents (either male or female) and raised accordingly. German government omitted that paragraph in the late 19th century, and the topic wasn’t brought up until 2013.

Germany’s high court ruled that a third gender option X is available for intersex children, like the example I mentioned earlier. Germany became the first European country to recognize a third gender on birth certificates, reserved for intersexuals and other “special cases.”

This ruling was in response to many complaints and protests of intersex people who were assigned one sex at birth, let’s say female (because the surgery process of removing male genitalia is more invasive than removing the female genitalia). The parents do their absolute best to raise their little girl the best as possible, but she likes doing ‘tomboyish’ things. Later in her life, once she is informed that she is intersex, she realizes that she more identifies with being a male than a female.

The ‘X’ marker on birth certificates was only temporary; when they grew up, they had to choose their identification to say ‘F’ or ‘M.’ One German is quoted in a BBC article saying:

“I am neither a man nor a woman. I will remain the patchwork created by doctors, bruised and scarred.”

This lead to another discussion about officially creating and recognizing gender X on all forms of legal documents. The Germans defined X as ‘intersexual’ or ‘diverse.’

The ultimatum became: create a new gender category in addition to ‘M’ and ‘F’ or remove all gender markers from legal documents and identification5. This pressure went in favor of creating and recognizing gender X for intersexuals, non-binary individuals, and even transgendered individuals. Germany’s recognition of gender X is quite recent, November of last year.

According to TIME Magazine, Germans aren’t the first nation to recognize gender X in some form. In 2007, Nepal recognized gender X on census forms. Two years later, India allowed voters to choose between three genders: ‘M’ and ‘F’ and ‘X.’ In 2011, Australia, Bangladesh, and Pakistan passed legislation recognizing third genders on passports. Bangladesh also allowed gender X to be recognized by government-issued identification. A year later, New Zealanders were able to use gender X on passports, similar to the Australian legislation.

Imagine now that you are the parent of an intersex baby in Germany today. The pressure of you hastily deciding you want to raise a girl is now relieved. If it’s medically possible, you can raise a child with both male and female genitalia and let them choose whether they want to identify as male, female, or unspecified when they grow older. You get to be the proud parent of an independent and accepted child, regardless of their intersex status or their gender identity.

Think about this sign. I’m sure you recognize the left and right images, the designated female and male symbols you see when you’re trying to find the bathroom. The one in the middle shows a combination of the two binary genders, symbolizing someone who is both female and male, or neither. To me, looking for the symbol in the middle means an all gender restroom, or inclusion for people who are non-binary.

If you’re not familiar with the term non-binary, or terms such as gender, sex, transgender, gender binary, agender, let me give you a quick rundown. I like to use Sam Killerman’s image: the genderbread person, and it’s not just because I’m a food science major (who loves baking). I’ve used this image to come out to family and friends, as well as educating the community.

• Gender Identity: a binary that ranges from male-ness (M) to woman-ness (F). Identities include cisgender (same as your biological sex), transgender (opposite as your biological sex), agender (feeling neither male or female), and non-binary (another way of expressing neither male or female), among many others.
• Gender Expression:a scale ranging from feminine to masculine.  Think about what you wear and how you express your gender. Wearing a skirt and makeup is different from wearing a graphic tee and torn jeans. Standing up straight with your chest puffed out sends off a different signal than sauntering and swaying your hips.

• Biological Sex: this is the anatomy you were born with, usually as female (F) or male (M). Some people are born intersex (with both female and male anatomy). Many parents of intersex babies choose to raise a girl, because the surgery has a higher success rate than if the parents were to raise a boy. However, this is beginning to change with some parents allowing the child to choose their own sex when they are old enough.
• Attraction: this is divided into two parts, romantic and sexual attraction. Straight, gay, bisexual, pansexual, and asexual fall into these categories. Romantic attraction is defined as a force drawing two people together. Another way to put it is the likelihood of forming a loving connection with another person, of either the same gender or different gender. Sexual attraction is defined as a desire, such as lust, towards another person. People may be romantically attracted to one gender, but sexually attracted to another gender; some people may feel no attraction, romantically or sexually.

Now that you’re caught up on terminology, I’ll tell you a story about my high school friends. I went to a small, conservative public high school, and by the end of my junior year, I had three straight friends, one non-binary friend, one agender friend, and me, the transgender friend.

All of our driver’s licenses have our birth sex on it, although half of us didn’t identify with that marker. My license currently says F, although I more identify as M. For my non-binary and agender friends, they identify as neither, but settle for their birth sex on their license.

What if there was another marker, in addition to the F for female and M for male, that could include people who are non-binary, agender, and intersex?

This gender marker does exist, simply an X. According to Oregon State, which recently passed legislation in support of gender X on licenses, X means “unspecified.” Gender X does not demean a person, making them an “it.” Gender X instead honors the person by allowing them to use X to their definition of gender – whether they are intersex, non-binary, or agender.

Some western states, like Oregon, have already passed legislation in favor of gender X. Countries in Europe have also moved towards integrating X into legal documents, just as M and F have been for decades.

Other than the legislation some states have passed, allowing gender X on some documents, obtaining other documents such as passports, birth certificates, social security cards, and medical records using gender X is nearly impossible.

In upcoming posts, we will look at some of these places who have passed gender X legislation, the progress and problems with incorporating gender X, and ultimately if the United States should pass nation-wide legislation including gender X on licenses, passports, birth certificates and other legal documentation.