A woman spray-paints male and female figures on the ground. Photo: Getty
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Laurie Penny on gender: Society needs to get over its harmful obsession with labelling us all girls or boys

Germany has announced legislation to allow parents not to record the gender of their newborn - this is just a small step in the long march to equal rights and recognition for intersex, transsexual and transgender people in Europe.

When April Ashley, who in 1960 became one of the first Britons to have sex reassignment surgery, was asked by reporters if she was born a man or a woman, her answer was always the same: “I was born a baby.” For the full effect, imagine Ashley saying this with a little smile on her perfectly pencilled lips, dignified and demure in the face of the fusillade of stupid questions she has been fielding for more than 50 years. Sadly, Ashley’s point – that not all babies fit into the pink or blue box they were assigned at birth – is taking a long time to sink in.
 
Now, Germany has announced legislation to allow parents not to record the gender of their newborn if, as is surprisingly often the case, doctors cannot instantly determine what biological sex the wriggling, squalling bundle of growth hormones is.
 
There are many conditions that can cause a person to be biologically intersex. Stories about the “third gender”, about gods and humans who weren’t quite men or women, have been with us for millennia, but there has long been pressure on doctors and parents to “fix” any baby who isn’t obviously either a boy or a girl. This often entails intimate surgery that is performed when the child is too young to consent. Traumatic reports about the effect this sort of procedure can have on kids when they grow up appear routinely in the tabloids – but the question of why, precisely, it is considered so urgent that every child be forced to behave like a “normal” boy or girl is rarely discussed.
 
Germany’s law, which comes into force in November, is just a small step in the long march to equal rights and recognition for intersex, transsexual and transgender people in Europe, a trudge that is beset by bigots on one side and bureaucrats on the other.
 
The main detractors of the German law oppose the move not on moral grounds but because of the paperwork involved – and look at me not resorting to any national stereotypes about managerial dourness to finish this sentence . . . but what if the paperwork is the problem? What if you’re someone who is literally written out of every form and official document, every passport and bank account application, because society refuses to recognise there are more than two genders?
 
One in 2,000 babies, or 0.05 per cent of the world population, is estimated to be intersex. That’s about 31,400 people in the UK; 3.5 million people across the globe. That, in case you were wondering, is ten times the population of Iceland. And those 3.5 million are just those who are visibly intersex at birth: some estimates suggest that the correct proportion of human beings whose bodies differ in some way from “normal” male or female, either hormonally or genetically, could be as high as 1 per cent. Some of those people prefer to identify simply as men or as women, but many do not.
 
The German law will give the right to “leave the box blank” only to those born intersex – but gender identity is about more than biology. According to a 2012 Scottish trans mental health study, about a quarter of transsexual and transgender people do not identify as male or female, and prefer to present as nonbinary, gender-fluid or agendered.
 
So why aren’t we talking about this more? Why isn’t there a bigger public conversation about intersexuality and life outside the pinkand- blue binary? I don’t mean drooling “true stories” – I mean level-headed discussion that understands that intersex, transgender and androgynous people are “normal” humans, too, who spend as much time stuck on trains or waiting for trashy crime shows to download as they do considering the contents of their underpants. Why are these matters so rarely taught in schools? Why do so many children – including intersex and transgender kids – grow up believing you have to be a girl or a boy and that there are no other options?
 
Unfortunately, I know the answer. We don’t talk about it because questioning something as culturally fundamental as the gender binary is risky. It makes people confused and it makes them angry.
 
For some, the notion of large numbers of people not living as men or women doesn’t morally compute, objective fact and conservative morality never having been the most snuggly of bedfellows. These are often the same people who can be found quoting dubious evolutionary “studies” suggesting there are prehistoric reasons why “some girls just like pink”, possibly involving cavewomen and colourful fruit, even though the practice of dressing girls in pink is barely a century old.
 
The idea that there are only two possible genders and that those genders are rigid and fixed is an organising principle of life in most modern societies. It affects everything, from how we dress to whom we can marry and what work we get to do to whether or not we will be paid for that work. Discussion of conditions such as intersexuality threatens all that. It gives the lie to the gender binary, exposing it as not just flawed, but scientifically inaccurate. And so we carry on shoving intersex and transgender folk to one side and forcing everyone who isn’t “normal” to damn well act that way or face harassment, discrimination and violence, from the playground to the pulpit. Concerned parents of confused children are coerced into picking a sex and sticking to it – but is that for their own good, or for the good of a society wedded to a simple understanding of gender?
 
To anyone reading this who is intersex – and I know that there will be at least a few – I apologise for how basic this must sound. My sincere hope is that in ten years’ time articles such as this one will look outdated to the point of offence, rather like a column from the 1960s making the stunning observation that, gosh, some men fancy other men and might even like to marry them.
 
The journey from here to there will probably involve a lot of paperwork – but for millions of people across the world, it’ll be worth it.

Laurie Penny is a contributing editor to the New Statesman. She is the author of five books, most recently Unspeakable Things.

This article first appeared in the 26 August 2013 issue of the New Statesman, How the dream died

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Five things we've learned from Labour conference

The party won't split, Corbynite divisions are growing and MPs have accepted Brexit. 

Labour won't split anytime soon

For months, in anticipation of Jeremy Corbyn’s re-election, the media had speculated about the possibility of a Labour split. But the party’s conference confirmed that MPs have no intention of pursuing this course (as I had long written). They are tribally loyal to Labour and fear that a split would prove electorally ruinous under first-past-the-post. Many still expect Theresa May to hold an early general election and are focused on retaining their seats.

Rather than splitting, Corbyn’s opponents will increase their level of internal organisation in a manner reminiscent of the left’s Socialist Campaign Group. The “shadow shadow cabinet” will assert itself through backbench policy committees and, potentially, a new body (such as the proposed “2020 group”). Their aim is to promote an alternative direction for Labour and to produce the ideas and organisation that future success would depend on.

MPs do not dismiss the possibility of a split if their “hand is forced” through a wave of deselections or if the left achieves permanent control of the party. But they expect Labour to fight the next election as a united force.

Neither the Corbynites nor the rebels have ultimate control 

Corbyn’s second landslide victory confirmed the left’s dominance among the membership. He increased his winning margin and triumphed in every section. But beyond this, the left’s position is far more tenuous.

The addition of Scottish and Welsh representatives to the National Executive Committee handed Corbyn’s opponents control of Labour’s ruling body. Any hope of radically reshaping the party’s rule book has ended.

For weeks, Corbyn’s allies have spoken of their desire to remove general secretary Iain McNicol and deputy leader Tom Watson. But the former is now safe in his position, while the latter has been strengthened by his rapturously received speech.

Were Corbyn to eventually resign or be defeated, another left candidate (such as John McDonnell) would struggle to make the ballot. Nominations from 15 per cent of MPs are required but just six per cent are committed Corbynites (though selection contests and seat losses could aid their cause). It’s for this reason that allies of the leader are pushing for the threshold to be reduced to five per cent. Unless they succeed, the hard-left’s dominance is from assured. Were an alternative candidate, such as Clive Lewis or Angela Rayner, to succeed it would only be by offering themselves as a softer alternative.

Corbynite divisions are intensifying 

The divide between Corbyn’s supporters and opponents has recently monopolised attention. But the conference showed why divisions among the former should be interrogated.

Shadow defence secretary Clive Lewis, an early Corbyn backer, was enraged when his speech was amended to exclude a line announcing that Labour’s pro-Trident stance would not be reversed. Though Lewis opposes renewal, he regards unilateralism as an obstacle to unifying the party around a left economic programme. The longer Corbyn remains leader, the greater the tension between pragmatism and radicalism will become. Lewis may have alienated CND but he has improved his standing among MPs, some of whom hail him as a bridge between the hard and soft left.

Elsewhere, the briefing against McDonnell by Corbyn allies, who suggested he was an obstacle to recruiting frontbenchers, showed how tensions between their respective teams will continue.

Labour has accepted Brexit

Ninety four per cent of Labour MPs backed the Remain campaign during the EU referendum. But by a similar margin, they have accepted the Leave vote. Jeremy Corbyn and John McDonnell, both long-standing eurosceptics, confirmed that they would not seek to prevent Brexit.

Owen Smith called for a referendum on the eventual deal during his leadership campaign. But with some exceptions, such as Angela Eagle, most of his backers have rejected the idea. Though 48 per cent of the electorate voted Remain, MPs emphasise that only 35 per cent of constituencies did. Some still fear an SNP-style surge for Ukip if Labour seeks to overturn the outcome.

The debate has moved to Britain’s future relationship with Europe, most notably the degree of free movement. For Labour, like Theresa May, Brexit means Brexit.

Corbyn will not condemn deselections 

The Labour leader could have won credit from MPs by unambiguously condemning deselection attempts. But repeatedly invited to do so, he refused. Corbyn instead defended local parties’ rights and stated that the “vast majority” of MPs had nothing to fear (a line hardly reassuring to those who do). Angela Eagle, Stella Creasy and Peter Kyle are among the rebels targeted by activists.

Corbyn can reasonably point out that the rules remain the same as under previous leaders. MPs who lose trigger ballots of their local branches face a full and open selection. But Labour’s intensified divisions mean deselection has become a far greater threat. MPs fear that Corbyn relishes the opportunity to remake the parliamentary party in his own images.  And some of the leader’s allies hope to ease the process by reviving mandatory reselection. Unless Corbyn changes his line, the issue will spark continual conflict. 

George Eaton is political editor of the New Statesman.