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Transgender issues are being addressed more and more in media and politics – notably, “third gender” identities have been finally gaining visibility. Countries like India, Nepal, Malta and Germany have recently passed laws recognising gender identities outside the traditional binary man and woman. A common argument against the validity of transgender identities is that it’s “against nature” or, to the more religiously inclined, “against God”, meaning it is wrong. However, nature has always produced organisms outside the strict binary of biologically “male” or “female”. Within the animal kingdom, only humanity rejects the existence of this plurality.

As the Intersex Society of North America defines, an intersex person is one who is “born with a reproductive or sexual anatomy that doesn’t seem to fit the typical definitions of female or male.” As the definition is fairly ambiguous, it is difficult to gather statistics, but it is said that about 1 in 1500-2000 births result in a form of intersexuality – that makes intersexuality more common than the Jewish faith or Estonian nationality. However, many people have barely any idea it exists, as it is so thoroughly erased. Most cases are “corrected” with genital reconstruction surgery, often in infancy or childhood where the patient is not able to give consent. Surgery is often followed by hormone treatments, which can go on into late adolescence or their whole life. Many intersex activist groups are fighting to ban unconsented sex “normalising” procedures, as this can be considered a form of genital mutilation. So far, Malta has been the only country to outlaw the surgery on infants. In Estonia, there is no official medical protocol for dealing with intersex individuals. Sex reassignment surgery is performed on children and requires only the consent of a legal parent or guardian. Sometimes a doctor will perform the surgery without even the parents’ knowledge.

In the vast majority of cases, these are not procedures that need to be done in order for a child to grow up healthy. There is no real medical reason for an infant to go through this trauma. The only reason intersex surgery is done so early is to force the person into a biological sex binary we ourselves have created. Often parents are forced to pick a gender for their child just so they have something to write on legal documents – this makes it so important to have more than two gender options on passports and birth certificates. The sex and gender binary is an entirely human construct, typical of heteronormative societies that categorise people based on who can procreate with whom. Intersexuality is not uncommon (and not erased) in other species in nature, and it has been argued that hundreds of animal species have more than two distinct genders. Deer society can function without a binary, so why can’t humans?

In fact, they can. There are non-Western cultures that don’t follow the gender binary, most notably the indigenous cultures of North America. While different tribes have different ways of dealing with gender, two-spirit is the modern umbrella term for Native American gender-variant individuals. In many of these communities, biological sex does not play a role in gender or gender relations – while same-gender relationships may be stigmatised, same-sex relationships are not. Typically, two-spirit people express their identity as a mix of masculine and feminine traits, often by doing work and wearing clothing associated with both men and women in their culture. In many Native American cultures, two-spirit people have their own special roles in society – Yuki two-spirit individuals, for example, are conveyors of oral traditions and songs, and in the Winnebago tribe they are foretellers of the future. Two-spirit identities are a traditional, accepted part of most Native American communities, equal to those of male and female identities.

Back in our society, the problems of sex normalising surgery don’t stop with infancy. Sex assignment is commonly chosen based on how easy the genital surgery would be and how “normal” it would look, disregarding internal organs and hormones. Often, this renders the patient infertile. Many intersex people grow up feeling wrong in their assigned gender and if they’re not even aware of their condition – as it is often hidden from the patient, at least until they are at an “appropriate age” to be told – it may take a large toll on their mental health. If we have to physically mutilate and emotionally traumatise young children in order to perpetuate the gender binary myth, why do we insist on maintaining it?

In order to deconstruct the heteronormative narrative in our society, we should start from legal recognition of gender variants by following the example of Malta’s Gender Identity, Gender Expression and Sex Characteristics Act – criminalising infant intersex surgery, adding a third gender option to legal documents, not requiring proof of medical sex reassignment in order to change one’s legal gender, providing education on intersexuality and LGBT issues and enforcing anti-discriminatory laws. This makes it easier for intersex and transgender people to stand up for their rights and gain visibility in society.

However, visibility alone is not enough. In fact, visibility can make you less safe if public opinion doesn’t change. Changing something that has been so deeply ingrained in society can be a long and difficult process, but it is only impossible if we don’t try - and we already are! LGBTI activists all over the world are working hard to change public discourse on gender. One of the most effective ways to influence public opinion on anything is through media - that’s why it is so important for different societal groups to have good media representation. This includes characters in films, TV and literature who show an accurate and diverse portrayal of sex and gender variant identities, as well as visible spokespeople and activists in news media or as content creators (musicians, actors) who can reach a large audience to share their experiences as a transgender or intersex individual and encourage more acceptance.