Introduction
The AIS Support Group Australia fully supports the probable biological basis of transsexualism, and recognises that transsexualism, like intersex conditions and homosexuality, are all variations of sexual development.
We also support the rights of people with transsexualism to access proper medical attention and not merely be treated as people with psychological conditions.
However, the AIS Support Group Australia also aware of a small number of people with transsexualism who claim that transsexualism is an intersex condition. This is, quite simply, incorrect.
We will continue to work with the Transgender community on common human rights issues, and hope our differences can be respected. For further details on what intersex conditions are, please see our fact sheets.
For a fact sheet comparing intersex conditions with transsexualism, please click here.
To read a response to the erroneous claims made following the Re: Kevin case, click here.
Australian Medical Association definition of Intersex
The Australian Medical Association has provided a definition of intersex in their 'Sexual Diversity and Gender Identity' policy. They state:
"A person with an intersex condition is born with sex chromosomes, external genitalia or an internal reproductive system that is not exclusively either male or female. This word replaces hermaphrodite."
They have also openly supported the medical and biological fact that transsexualism is NOT in intersex condition.
A
CT Law ReformPeople with intersex conditions had a major victory in the ACT recently when the definition of Transgender was changed to remove people with intersex conditions, and, for what we believe is a world first, include a definition of intersex in legislation. The ACT (ALP) Government, with the support from the Democrats and Greens, passed the following definition of intersex in the Legislation Act 2001 (ACT):
‘An intersex person is a person who, because of a genetic condition, was born with reproductive organs or sex chromosomes that are not exclusively male or female.’
This is particularly significant for the intersex community because of the insistence by a small number within the transgender community that falsely claim transsexualism is an intersex condition. Regardless of any possible biological basis of transsexualism (i.e. Gender Identity Disorder), people with transsexualism are not born with any variation of their reproductive organs and/or sex chromosomes, and have many different issues. One male to female transsexual person even described themselves as having Vaginal Agenesis (i.e. congenital imperfect or non-development of a vagina) when in fact; they were born physically male, fathered children etc. These people have a gross lack of respect and understanding of our experiences and issues. As the Democrats MLA (Ms Roslyn Dundas) explained in her media release on the 10th of March:
“Intersex and transgender people are different, their needs are different, and the discrimination they face is different. Both of these communities often face discrimination and it is important our laws reflect their different needs.
An intersex person is one who is born with reproductive organs that are neither exclusively male or female, where as transgender identifies as a member for a different sex to the one they were born as.”
The AISSGA looks forward to furthering the law reform process in the ACT by working closely with the ACT Government. We would also like to point out that the Liberal Party also supported the recommendations by the AISSGA, although they did not support the Bill for other reasons.
Gender Identity Issues
Unlike transsexualism and/or transgender where 100% of people have gender
identity issues, only a small portion of people with intersex conditions
(probably about 5-10%) have an issue with their gender. The vast majority of
these cases are due to the assignment of an inappropriate sex of rearing in a
child with an intersex condition, and these individuals can have their birth
certificates fully corrected in all states in Australia.
World Health Organization definition of
Transsexuals:
"Those who have a desire to live and be accepted as a member of the
opposite sex, usually accompanied by a sense of discomfort with, or
inappropriateness of, one's anatomical sex, and a wish to have surgery and
hormonal treatment to make one's body as congruent as possible with one's
preferred sex."
Transsexualism, Introduction and General Aspects of Treatment
By
Prof. L Gooren
This very comprehensive paper about transsexualism contains a number of points
that substantiate the fact that transsexualism is not an intersex condition.
Firstly, the definition of transsexualism as given by Prof. Gooren is:
normal somatic sexual differentiation has the conviction that he or she is actually a member of the opposite sex. This conviction which is accompanied by a profound sense of loathing for individuals's own primary and secondary sexual characteristics, is absolute, overwhelming and unalterable (1).''Transsexualism is the condition in which a person with an apparently
Those with normal somatic sexual differentiation do not have an intersex condition because they are biologically normal men or women.
Prof. Gooren also specifically highlights the difference between intersex conditions and transsexualism by stating:
intersex and all problems associated with (pseudo)hermaphroditism exclude transsexualism as a primary diagnosis. They should first be treated by procedures accepted as medically appropriate for such conditions (congenital adrenal hyperplasia or testicular feminization are such conditions).''First, somatic
This statement is, of course, disturbing in that it seems Prof. Gooren supports the surgical assignment of sex in infants with intersex conditions only to treat them as elite transsexuals if doctors made an error in their sex of rearing. However, it does highlight his acceptance that transsexualism is not an intersex condition.
When discussing the etiology of transsexualism, Prof Gooren writes:
differences, which play an important role in the sexual behavior of lower mammals, can be extrapolated to human sexual behavior.''In summary, there is as yet no scientific proof that neuroendocrine
This is consistent with the AISSGA's opinion about this topic which is reinforced again in Prof Gooren's paper when he wrote:
explained exclusively by either hormones or rearing; but science is still far away from a solid theoretical model that unifies and explains the many expressions of gender dysphoria encountered in clinical medicine. However, as in other areas of clinical medicine, treatment is often provided on empirical grounds rather than on the basis of a full understanding of the etiology.''Gender identity, a typical human attribute, is not likely to be
Family
Court of Australia Judgment on the Validity of a Transsexual Marriage
On 12 October 2001, in the
Family Court of Australia at Sydney, The Honourable Justice Chisholm found that
a marriage between Kevin, a man of transsexual background, and his wife
Jennifer, was legal for the purposes of the Marriage Act (File No: SY8136 of 1999 refers).
The validity of the marriage had been challenged by the office of
the Federal Attorney General on behalf of the Commonwealth
of Australia. The
judgment recognised Kevin’s identity in society as a man and that he should be
legally considered male for the purpose of marriage as a reflection of that
identity.
The
judgment has generated much interest, however, some have mis-interpreted
comments made by Chisholm J. as a ruling that transsexualism is a form of
intersex when in fact the judgment draws clear distinctions between the
conditions.
Read the AISSGA's
media release regarding this issue here.
| Title | STATUTE LAW FURTHER AMENDMENT (RELATIONSHIPS) BILL
| House
| VICTORIAN LEGISLATIVE COUNCIL
| Activity
| Second Reading
| Members
| POWELL
| Date
| 30 October 2001
| |
It is a great reflection of the maturity of our community and the long-overdue recognition of unacceptable discrimination against members of the gay, lesbian, transgender and intersex communities.
| Title | STATUTE LAW FURTHER AMENDMENT (RELATIONSHIPS) BILL
| House
| VICTORIAN LEGISLATIVE COUNCIL
| Activity
| Second Reading
| Members
| KATSAMBANIS
| Date
| 30 October 2001
| |
The legislation in question imposes obligations on people, and this bill extends the purview of those obligations to people living not only in legal marriages under the Marriage Act but also those living in de facto relationships, be they of a heterosexual, same-gender or intersex nature.....
...The process that the legislature and we as individual legislators went through when the original Statute Law Amendment (Relationships) Bill was being discussed, debated and in many ways dissected almost word for word created a number of lasting and very beneficial relationships between the public and us as their elected representatives. Since that time my own relationship with the gay, lesbian, transgender and intersex communities has become one of greater understanding, greater knowledge and greater trust.....
...I commend the initiative of my colleagues -- the Honourable Andrea Coote in this place, and the honourable member for Prahran, Leonie Burke, in the other place -- who together with me formed a group that meets regularly with representatives from the gay, lesbian, bisexual, transgender and intersex communities in Melbourne. It is a loose group that enables us to have an open and frank discussion on issues that are important to those communities.
Intersex
issues raised in Victorian Parliament (Australia).
The
following are quotes from a recent sitting of Victorian Parliament in the second
reading of the Equal Opportunity (Gender Identity and Sexual Orientation) Bill.
"Since
the introduction of the bill in the other house I have pondered how I would feel
as a parent if one of my children had been born intersex.
It
would be onerous for parents to have to decide whether to choose the gender of a
baby very early after birth and have surgery to make sure the child had only one
sex. I have come to the conclusion that if one of my children were affected I
would probably leave the child as it was and wait to see what the child wanted.
It would be a difficult decision for parents to make. The fact is that
regardless of whether the need to change is psychological, hormonal or physical,
any person who decides he or she relates better to the other gender needs the
full support, understanding and acceptance of our community."
Another
Member of Parliament said:
"A
person of indeterminate sex is someone who is born without being clearly either
male or female, and includes the following: hermaphrodites, who are born with
equal male and female chromosomes and have both male and female genitalia;
pseudo-hermaphrodites, who have 46 XX female or 46 XY male chromosomes and are
anatomically mixed between the genders; people with Klinefelters syndrome, who
have 47 XXY chromosomes and are biologically mixed between genders; and people
with Turners syndrome who have 45 XO chromosomes and are biologically and
anatomically mixed between the genders.
I
ask honourable members to consider what it would be like following the birth of
a baby to face a situation like that. It is something honourable members have
probably never thought about. However, it is something I thought about when
undertaking research for the bill. I feel for people born that way. It is
imperative that as a community we sensitively address the issue, which would be
horrifying, to say the least.
I am concerned that the bill does not deal with intersex people who do not wish to have reassignment surgery and who wish to live as an intersex individual. The bill does not deal with such people, who must be among the most discriminated and most vulnerable in the community. I hope the government will address the issue very soon, and as the Honourable Andrew Olexander said, that issue should have been included in the bill."
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
| Title | EQUAL OPPORTUNITY (GENDER IDENTITY AND SEXUAL ORIENTATION) BILL
| House
| VICTORIAN LEGISLATIVE COUNCIL
| Activity
| Second Reading
| Members
| OLEXANDER
| Date
| 6 September 2000
| Page
| 276
| |
The first related to intersex people, who are people of indeterminate gender who make a choice to live as either male or female. However, following discussions with intersex people the opposition has been advised that some people choose not to live exclusively as either male or female. Many decide to live the way that they were born, as intersex individuals. It is very clear that the bill does not cover or protect them in any way. Those people are born with chromosomal variations. They are born into a situation and deserve protection under a bill such as the one before the house. In the words of the Leader of the National Party and my colleague the Honourable Carlo Furletti, they do seem to have fallen between the cracks and should not have. They should have been included in a bill such as this.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
| Title | STATUTE LAW FURTHER AMENDMENT (RELATIONSHIPS) BILL
| House
| VICTORIAN LEGISLATIVE ASSEMBLY
| Activity
| Second Reading
| Members
| HULLS
| Date
| 19 September 2001
| Page
| 460
| |
The words 'irrespective of gender' are important, as it also recognises the relationships of transgender and intersex people.
The bill makes it clear that for the purposes of determining whether persons are domestic partners of each other all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act as may be relevant in a particular case. The list of matters to be taken into account was inserted into the Property Law Act by the Statute Law Amendment (Relationships) Act earlier this year.
Factors to be taken into account in determining whether persons are domestic partners of each other include the duration of the relationship; the nature and extent of common residence; whether or not a sexual relationship exists; the degree of financial dependence or interdependence, and any arrangements for financial support between the parties; the ownership, use and acquisition of property; the degree of mutual commitment to a shared life; the care and support of children; and the reputation and public aspects of the relationship.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
| Title | Statute Law Amendment (Relationships) Bill
| House
| VICTORIAN LEGISLATIVE ASSEMBLY
| Activity
| Second Reading
| Members
| HULLS (Attorney General)
| Date
| 23 November 2000
| Page
| 1911
| |
As the government stated in its pre-election commitments, it considers the achievement of substantive rights for lesbians, gay men and transgender people as being vitally important. Human rights necessarily involve a respect for the equal dignity of all persons, without discrimination. Lesbians, gay men, intersex and transgender people have historically been denied their human rights. This bill is an important step in redressing that historical injustice.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
| Title | EQUAL OPPORTUNITY (GENDER IDENTITY AND SEXUAL ORIENTATION) BILL
| House
| VICTORIAN LEGISLATIVE ASSEMBLY
| Activity
| Second Reading
| Members
| WYNNE; BURKE
| Date
| 29 August 2000
| Page
| 257
| |
Transgender identity disorder is an internationally recognised medical condition, as contained in the United States diagnosis service manual no. 4. Generally people with a gender identity disorder do not feel that the role society assigned to them at birth is appropriate. They have genuine and deeply felt concerns about self-identity. They are not flippantly exercising a choice to have a bit of fun by changing their sexual identity for the time being; they are seeking to adopt an entirely new gender role.
Transsexuals in particular identify as being trapped in the wrong body, which I think is a beautiful description.
Research at the Melbourne Gender Identity Disorder Clinic at Monash Medical Centre concludes that there is evidence that gender identity disorder is biologically caused. Most physical changes are achieved through hormone therapy rather than surgery -- and you can understand how people would prefer to do that. It is in that transition time when many people have difficulties, making an emphasis on surgery as the test of bona fides both inaccurate and problematic. Intersex people are born with physical medical issues, such as indeterminate genitalia. Genuine cross-dressers are not drag queens, who are entirely different and should never be confused with transgender people. Drag queens are entirely different and have an entirely different sense of it. For them it is not a problem; it is more about entertainment or theatre. Transgender people have entirely different problems.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Section from:
Title: SENATE LEGAL AND CONSTITUTIONAL REFERENCES COMMITTEE: Sexuality discrimination inquiry: Discussion
Date: 7 August 1996
Committee: SENATE LEGAL AND CONSTITUTIONAL REFERENCES COMMITTEE
Reference: Sexuality discrimination inquiry
Place: SYDNEY
Mrs Jones —The situation of the transsexual is that they are born normal males, and that is what we are talking about in transsexuals. The person who has an abnormality, such as a Y chromosome, might have Klinefelter's syndrome, Turner's syndrome or androgen insensitivity syndrome. There was a Spanish hurdler who created a lot of interest a few years ago. New Scientist published an article about this person who had androgen insensitivity syndrome and problems with the buccal smear, but she was not a transsexual. The transsexual person, per documents I have read over the past months and years, is a physically normal male--they test correctly as a male. If you test them with a buccal smear, they will show as having a Y chromosome. They will have had male gonads at some stage, so they will have the male chromosomes and other male reproductive organs, and testosterone will have been a part of their system until they started the change, but the transsexual male is different from the person who is an intersex.
When reading the literature I have noticed that intersex people are never mentioned. The popular literature, the media magazines, mix up the hermaphrodite with the transsexual. People mix them together. There was an article in the Australian a while ago, maybe in the past two months. They opened the article with an example of a hermaphrodite and it looked as though they were trying to relate it to a transsexual. Of course, I felt quite upset at this. I thought, `No, this is a hermaphrodite, this is a person who is an intersex and who has a bit of both sexes.' That is different from being a transsexual. No-one has found a biological basis for transsexualism. They are different.
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