My Personal Take on the Issue of Intersex People

I believe I have an unusual perspective on the some of the issues regarding Transgender (aka Trans) people currently consuming a great deal of governmental and media attention. My perspective is a function of my life experience in several different areas, each of which touches on these issues. This particular post results from a combination of my understanding of the biology of sex and gender and my knowledge of how such issues were handled the Talmud, the fundamental text of Judaism.

Let me lead with what I believe is the most critical point being misrepresented by forces determined to target Trans people for some type of discrimination. The overwhelming majority of people–including, unfortunately, legislators responsible for writing rules about these matters–seem to be motivated by a distaste for people who use some sort of medical intervention, drugs or surgery, to alter their sex or gender.

Many of the laws they are proposing are predicated on the notion that humans come in precisely two sexes, male and female. But this is simply untrue. In fact humans, like other species, come in about a dozen different chromosomal configurations. While XX and XY are the most common, there are many variations on this which often result from a third chromosome.

Whether because of chromosomal or gestational issues, some humans are born with both sets of sexual organs. These are called hermaphrodites. Some humans are born with no sexual organs and these are most often labeled eunuchs. The technical term for these various situations is not “Trans” but rather “Intersex” and I would suggest that one step towards alleviating all the controversy around Trans people is to begin using the more medically correct terminology.

The existence of intersex people is not new, nor even modern, but has been known for thousands of years. My own academic neck of the woods is the study of the Talmud, a document which was compiled and edited from about 250 CE until about 800 CE. In other words, about 1,500 years ago. The Talmud knows about four types of Intersex people and includes specific discussion of the two I mentioned above. It refers to hermaphrodites using a term derived from Greek, androginus, and to eunuchs as tumum. 

The specific reason the topic arises in several places has to do with Jewish rules about inheritance. Based on biblical concepts, the authors and editors of the Talmud needed to cope with the fact that the Bible allots a greater share of an inheritance to the first born son of his father. But if the first born child is androginus or tumtum, can they receive that greater share? The sages rule against that idea. They could have just let that stand, or they could have used this as a pretext to deny any support to Intersex people. But instead, in each case where this question is raised, the sages make the point that Intersex people must be treated with dignity and must be financially supported from their father’s estate. Anyone who might see this as a pretext for denying a privilege to intersex people is completely missing the point. In fact, Judaism took things in the opposite direction: today no one receives a bigger share of an inheritance based on their status within the family.

Given these particulars, I have asked a simple question of our legislators and those who seem to be determined to deny simple dignity to intersex people, and after several months of asking, I have yet to receive a coherent answer. The question is, if a person is born either with both sets of sexual organs, or neither type of sexual organ, which bathroom may they use under the laws you are proposing or advocating?

Legislators and anti-Trans people seem to have some sort of unhealthy obsession about people who choose to use drugs or surgery to alter their sexual appearance or state. But I am not asking about that issue. I am asking about people who were, if you will, created by God as intersex. Which teams should they be forced to play on, which bathrooms should they be forced to use? Only after we learn what should be done in these cases would we have some sort of reasonable basis to discuss the situation for people who desire to change their sexual identity.