Intersex people were historically termed hermaphrodites, "congenital eunuchs",[2][3] or even congenitally "frigid".[4] Such terms have fallen out of favor, now considered to be misleading and stigmatizing.[5] Intersex people have been treated in different ways by different religions and cultures, and numerous historical accounts exist.
The Talmud contains extensive discussion concerning the status of two intersex types in Jewish law; namely the androginus, which exhibits both male and female external sexual organs, and the tumtum which exhibits neither. The nature of the androgynous is a topic first expanded upon explicitly in the Mishna, where debate arises as to the individual’s classification as either male or female. The Talmud discusses it primarily in two places, in Tractate Bikkurim[6] and in Tractate Yevamot.[7] One opinion in Tractate Bikkurim indicates that the androgynos has elements of the male, elements of the female, elements of both, and elements of neither.[8] The other opinion insists that the androgynos is its own sex - a category unto itself.[9] Yevamot conducts a much lengthier analysis, where a variety of different approaches are considered in light of the opinions established in Bikkurim. In these discussions, the Talmudic personalities delineate four theoretical categories into which the androgynos may fall:
The sex of the individual is unknown. They may be male or may be female, but their true identity remains in doubt.
They are their own sex, a category unto themselves completely separate from the male and female sexes.
They are both male and female, that is, they exist simultaneously as a member of both sexes.
They are considered male. Because they possess male sexual characteristics, they belong to the male sex.
Jewish Law has specific legal obligation that differ for men and women, and thus gender becomes an exceedingly important aspect of one’s identity.
When determining the legal gender of androgynos individuals, a minority of Jewish Law decisors, “posek”, classify androgynos individuals as completely male. Therefore, androgynos individuals would be obligated by law in the same way as men.[10] However, the majority of Talmudic commentators and Jewish Law decisors do not assign androgynos individuals a fixed gender, and instead leave them in a status of doubtful identity.[10] Because of the androgynos person’s uncertain identity, they can be classified differently in varying cases - sometimes male, sometimes female, sometimes both male and female, and other times neither. The legal ramifications of such an attitude forces the individual to adhere to Jewish law as both a male and female.[11] According to this classification, in cases where the law differs for men and women, androgynos individuals must adhere to the stricter option. For example, time-bound positive mitzvot (commandments) that men are obligated to keep and women are exempted, androgynos individuals must keep the obligation. Those who classify an androgynos individual as definitively both male and female would agree with this principle, though practice may differ in certain cases.[9] The difference between classifying an androgynos individual as only male or as a doubtful identity would manifest itself in a case where performing a commandment would also require a blessing in conjunction. According to those who maintain that an androgynos has an uncertain sex, the individual would not recite the blessing. This is because the only men may recite this blessing, and if the individual isn't a man, they would be reciting the blessing in vain. However, according to the opinions who maintain that the individual is fully male, then they would recite the blessing as any other male would.
Christianity
Eunuchs are mentioned many times in the Bible, such as in the Book of Isaiah (56:4) using the word סריס (saris). Matthew establishes that the term refers to some individuals from birth, as well as individuals made eunuchs through castration:
For there are some eunuchs, which were so born from their mother's womb: and there are some eunuchs, which were made eunuchs of men: and there be eunuchs, which have made themselves eunuchs for the kingdom of heaven's sake. He that is able to receive it, let him receive it.
—Matthew 19:12
The reference to "eunuchs" in Matthew 19:12 has yielded various interpretations.
Roman law and post-classical Canon law referred to a person's sex as male, female or hermaphrodite, with legal rights as male or female depending on the characteristics that appeared most dominant. Under Roman law, a hermaphrodite had to be classed as either male or female.[12]
The 12th-century Decretum Gratiani states that "Whether an hermaphrodite may witness a testament, depends on which sex prevails".[13][14][15] According to Raming, Macy and Cook, the Canon lawyer Huguccio states that, "If someone has a beard, and always wishes to act like a man (excercere virilia) and not like a female, and always wishes to keep company with men and not with women, it is a sign that the male sex prevails in him and then he is able to be a witness, where a woman is not allowed".[15] On ordainment, Raming, Macy and Cook found that the Decretum Gratiani states, "item Hermafroditus. If therefore the person is drawn to the feminine more than the male, the person does not receive the order. If the reverse, the person is able to receive but ought not to be ordained on account of deformity and monstrosity."[15]
On August 29, 2017, the evangelical Council on Biblical Manhood and Womanhood in the United States released a manifesto on human sexuality known as the "Nashville Statement".[16] The statement states in part, "WE AFFIRM that the differences between male and female reproductive structures are integral to God’s design for self-conception as male or female. WE DENY that physical anomalies or psychological conditions nullify the God-appointed link between biological sex and self-conception as male or female" and, "WE AFFIRM that those born with a physical disorder of sex development are created in the image of God and have dignity and worth equal to all other image-bearers. They are acknowledged by our Lord Jesus in his words about “eunuchs who were born that way from their mother’s womb.” With all others they are welcome as faithful followers of Jesus Christ and should embrace their biological sex insofar as it may be known. WE DENY that ambiguities related to a person’s biological sex render one incapable of living a fruitful life in joyful obedience to Christ."[17] Due to perceived homophobia, transphobia, and misogyny by the left, the Nashville Statement has attracted controversy.[18][19][20]
Mormonism's largest denomination, the Church of Jesus Christ of Latter-day Saints (LDS Church), issued policies for intersex individuals for the first time in 2020.[21][22] The new policies stated that for persons born intersex, the decision to determine a child's sex should be left to the parents, with the guidance of medical professionals, and that such decisions can be made at birth or delayed until medically necessary.[21][23]
Scholars of Islamic jurisprudence have detailed discussions on the status and rights of intersex based on what mainly exhibits in their external sexual organs. The intersex rights includes rights of inheritance, rights to marriage, and rights to live like any other male or female.[citation needed] The legal interest in an otherwise statistically rare biological phenomenon bears correspondence to the Talmudic discussions of Intersex persons (different in content from Islamic teachings).
Lakapati is a hermaphrodite[24] and a major fertility deity in the Tagalog religion.[25] Her prowess on fertility covers not only human and divine fertility, but also the fertility of all other things such as wildlife, crops, trees, and plants. She is also the goddess of cultivated land. A prayer dedicated to Lakapati was recited by children when sowing seeds: "Lakapati, pakanin mo yaring alipin mo; huwag mong gutumin (Lakapati, feed this thy slave; let him not hunger)".[26][27] Prominent among deities who received full-blown sacrifices, Lakapati is represented by a hermaphrodite image with both male and female parts and was worshiped in the fields at planting time.
Hinduism
Sangam literature uses the word pedi (Tamil: பேடி pēṭi[28]) to refer to people born with an intersex condition; it also refers to antharlinga hijras and various other hijras. Intersex people are popularly known as Mabedi Usili in Hijra community but their identity always remained as a distinct identity from popular hijra community. In Tirumantiram, Tirumular recorded the relationship between intersex people and Shiva.[29] Warne and Raza argue that an association between intersex and hijra people is mostly unfounded, but popular misunderstandings "cause tremendous fear in the parents" of intersex infants and children.[30]
↑ Scott, William Henry (1994). Barangay: Sixteenth-century Philippine Culture and Society. Ateneo University Press. p.234. ISBN978-971-550-135-4. During sacrifices made in a new field to Lakapati, a major fertility deity, the farmer would hold up a child and say, "Lakapati, pakanin mo yaring alipin mo; huwag mong gutumin [Lakapati, feed this thy slave; let him not hunger]" (San Buenaventura 1613, 361).
↑ University of Madras (1924–1936). "Tamil Lexicon, 'பேடி'". Madras [Chennai]. Diocesan Press. Retrieved 12 December 2021.{{cite web}}: CS1 maint: numeric names: authors list (link)
Third gender is a concept in which individuals are categorized, either by themselves or by society, as neither a man or woman. It is also a social category present in societies that recognize three or more genders. The term third is usually understood to mean "other", though some anthropologists and sociologists have described fourth and fifth genders.
In the Indian subcontinent, hijra are transgender, intersex, or eunuch people who live in communities that follow a kinship system known as the guru-chela system. They are also known as aravani, aruvani, and jogappa, and in Pakistan, khawaja sira.
Seder Zeraim is the first of the six orders, or major divisions, of the Mishnah, Tosefta, and the Talmud, and, apart from the first tractate which concerns the rules for prayers and blessings, primarily deals with the laws of agricultural produce and tithes of the Torah which apply in the Land of Israel, in both their religious and social aspects.
Sex assignment is the discernment of an infant's sex, typically made at birth based on an examination of the baby's external genitalia by a healthcare provider such as a midwife, nurse, or physician. In the vast majority of cases (99.95%), sex is assigned unambiguously at birth. However, in about 1 in 2000 births, the baby's genitalia may not clearly indicate male or female, necessitating additional diagnostic steps, and deferring sex assignment.
Bikkurim is the eleventh tractate of Seder Zeraim of the Mishnah and of the Talmud. All versions of the Mishnah contain the first three chapters, and some versions contain a fourth. The three chapters found in all versions primarily discuss the commandment to bring the Bikkurim to the Temple in Jerusalem and to make a declaration upon bringing it. As is common in the Mishnah, related matters are also discussed.
The lesbian, gay, bisexual, transgender and queer (LGBTQ) people in the Philippines are generally accepted in Filipino society, and it has been ranked among the most gay-friendly countries in Asia. It has the second highest social acceptance rate in the Asia-Pacific next to Australia, according to a Pew Research Center survey in 2013. Despite this, some discrimination still persist and LGBT people have limited LGBT-specific rights, leading some activists to characterize LGBT culture in the Philippines as "tolerated, but not accepted." Homosexuals in the Philippines are known as "bakla", though there are other terms to describe them. According to the 2002 Young Adult Fertility and Sexuality Survey, 11 percent of sexually active Filipinos between the ages of 15 and 24 have had sex with someone of the same sex. According to Filipino poet and critic Lilia Quindoza Santiago, Filipino culture may have a more flexible concept of gender. Kasarian is defined in less binary terms than the English word; kasarian means "kind, species, or genus".
A hermaphrodite is a sexually reproducing organism that produces both male and female gametes. Animal species in which individuals are either male or female are gonochoric, which is the opposite of hermaphroditic.
In Jewish tradition, the term androgynos refers to someone who possesses both male and female sexual characteristics. Due to the ambiguous nature of the individual's sex, Rabbinic literature discusses the gender of the individual and the legal ramifications that result based on potential gender classifications. In traditionally observant Judaism, gender plays a central role in legal obligations.
Intersex people are individuals born with any of several sex characteristics, including chromosome patterns, gonads, or genitals that, according to the Office of the United Nations High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies".
Tumtum is a term that appears in Jewish Rabbinic literature. It usually refers to a person whose sex is unknown because their genitalia are hidden, undeveloped, or difficult to determine.
Thomas Hall, born Thomasine Hall, was an English intersex person and servant in colonial Virginia whose wearing of female attire and, on subsequent investigation, a liaison with a maid provoked public controversy in 1629. Hall was subjected to a physical inspection, and the case reached the Quarter Court in Jamestown, which ruled that Hall was "both a man and a woman and must dress in male and female clothing simultaneously".
The following outline offers an overview and guide to LGBTQ topics:
Intersex, in humans and other animals, describes variations in sex characteristics including chromosomes, gonads, sex hormones, or genitals that, according to the UN Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies". Intersex people were historically termed hermaphrodites, "congenital eunuchs", or even congenitally "frigid". Such terms have fallen out of favor, now considered to be misleading and stigmatizing.
Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals that, according to the United Nations Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies".
The following is a timeline of intersex history.
Intersex rights in Malta since 2015 are among the most progressive in the world. Intersex children in Malta have world-first protections from non-consensual cosmetic medical interventions, following the passing into law of the Gender Identity, Gender Expression and Sex Characteristics Act in 2015. All Maltese intersex persons have protection from discrimination. Individuals who seek it can access simple administrative methods of changing sex assignment, with binary and non-binary forms of identification available.
Intersex people in Germany have legal recognition of their rights to physical integrity and bodily autonomy, with exceptions, but no specific protections from discrimination on the basis of sex characteristics. In response to an inquiry by the German Ethics Council in 2012, the government passed legislation in 2013 designed to classify some intersex infants as a de facto third category. The legislation has been criticized by civil society and human rights organizations as misguided.
Intersex people in France face significant gaps in protection from non-consensual medical interventions and protection from discrimination. The birth of Abel Barbin, a nineteenth-century intersex woman, is marked in Intersex Day of Remembrance. Barbin may have been the first intersex person to write a memoir, later published by Michel Foucault.
Intersex people in Switzerland have no recognition of rights to physical integrity and bodily autonomy, and no specific protections from discrimination on the basis of sex characteristics. In 2012, the Swiss National Advisory Commission on Biomedical Ethics published a report on the medical management of differences of sex development or intersex variations.
Legal gender, or legal sex, is a sex or gender that is recognized under the law. Biological sex, sex reassignment and gender identity are used to determine legal gender. The details vary by jurisdiction. Legal gender identity is fundamental to many legal rights and obligations, including access to healthcare, work, and family relationships, as well as issues of personal identification and documentation. The complexities involved in determining legal gender, despite the seeming simplicity of the underlying principles, highlight the dynamic interaction between biological characteristics, self-identified gender identity, societal norms, and changing legal standards. Because of this, the study of legal gender is a complex field that is influenced by cultural, historical, and legal factors. As such, a thorough investigation is necessary to fully understand the subject's implications and breadth within a range of legal systems and societies.
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