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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No, Matteo Renzi's referendum isn't Italy's Brexit

Today's Morning Call. 

The European Union saw off one near-death experience yesterday, as Alexander van der Bellen - a Green running under independent colours - saw off Norbert Hofer, the far-right candidate, taking 53 per cent to 47 per cent. 

"Turn of the tide: Europeans hail Austrian far-right defeat" is the Guardian's splash, while "Austria says NEIN to far-right" is the Metro's take.

It's a reminder that the relentless march of the far right is not as irresistible as the Le Pens of the world would like to think, and, for the left, a rare brightspot in a year of seemingly unbroken retreat, albeit by a margin that is too close for comfort. 

But on the other side of the Alps, things are not looking so great. Italian voters have rejected Italian PM Matteo Renzi's proposed constitutional reforms in a landslide, resulting in Renzi's resignation. (For a good primer on who Renzi is or rather was, Joji Sakurai wrote a very good one for us a while back, which you can read here)

"Europe in turmoil as Italian PM is defeated" is the Times splash. It has many worrying that Italy made be headed out of the Euro at worst and trigger another financial crisis in the Eurozone at best. Over at the Spectator, James Forsyth suggests that this will make the EU27 reluctant to put the squeeze on the City of London, which is still the Eurozone's clearing centre. Others, meanwhile, are saying it's all the latest in the populist, anti-establishment wave that is politics in 2016.

Are they right?

The reforms - which, among other things, would have ended the Italian system of "perfect bicameralism" whereby the upper house has as much power as the lower, replacing the former with a legislature drawn from the regions in a similar manner to Germany's - were something of a dog's dinner, and although the referendum was forced on Renzi as they were unable to secure a two-thirds majority among legislators, it was a grave error to turn the vote into a referendum on his government. (Bear in mind that Italy is a multi-party democracy where the left's best ever performance netted it 49.8 per cent of the vote, so he was on a hiding to nothing with that approach.)

If there is a commonality in the votes for Brexit, Trump, Hofer, it's in the revenge of the countryside and the small towns against the cities, with the proviso that in Austria, that vote was large enough to hold back the tide). This was very different. Particularly striking: young graduates, so often the losers at the ballot box and pretty much everywhere else post-financial crash, voted against the reforms yesterday.

Nor can a vote that was supported by Silvio Berlusconi, two of the three major parties, as well as Mario Monti, the technocrat appointed effectively on the demands of Italy's creditors, and the Economist be accurately described as a revolt against "the establishment" if that term is to have any meaningful use whatsoever.  

Of course, it could yet lead to a Brexit-style shock. Renzi's Democratic Party could collapse into in-fighting if his departure is permanent - though who knows, he might parlay his graceful concession speech and the likely chaos that is to follow into a triumphant second act - and although his party has a narrow lead in most polls, the Five Star Movement could win a snap election if one occurs.

That raises the nightmare prospect for Brussels of a Eurosceptic in power in a founder-member of the European Union and the single European currency. (That said, it should be noted that Five Star are opponents of the Euro, not of the European Union. The word "Eurosceptic" is perhaps making some anti-Europeans here in the UK overexcited.)

But as Open Europe noted in their very good primer on the referendum before the result that is still very much worth reading, that not only requires Five Star to win an election, but to hold and win not just a referendum on Italy's Euro membership, but to first win a referendum on changing the constitution to allow such a referendum in the first place. (And remember that support for the EU is up in the EU27 following the Brexit vote, too.)

The biggest risk is financial, not political. Renzi had acquired a quasi-mythical status in the eyes of foreign investors, meaning that his departure will make global finance nervous and could result in the rescue deal for Monte Paschi, the world's oldest bank, being mothballed. Although a economic crisis on the scale of the one Italy experienced in 2011 is unlikely, it's not impossible either. And what follows that may justify the comparisons to Trump rather more than Renzi's defeat yesterday.

THE FUTURE'S ORANGE, BUT NOT BRIGHT

Donald Trump, President-Elect of the world's largest superpower, has taken to Twitter to lambast the Chinese government, the world's second-largest superpower, and also a nation which holds both large numbers of nuclear weapons and vast amounts of American debt. 

The cause of the row? Trump became the first President or President-Elect to talk directly to Taiwan's president since 1979, which the Chinese government has taken umbrage to. (China regards Taiwan as a renegade province, not a separate nation.) 

I'LL SEE EU IN COURT

The government's appeal against the High Court's judgement that Parliament, not the Prime Minister, has the ultimate authority to trigger Article 50 begins today. The argument hinges on whether or not triggering Article 50 represents a loss of rights - if, as the High Court accepted it did, then only the legislature can vote to remove rights, rather than have it done through the royal prerogative. Gina Miller, the lead claimant in the case, tells the Guardianthat Supreme Court judges are being unfairly vilified in the right-wing press, who she blames for the death threats against her. 

TANGLED UP IN BLUE

The government is split over whether to continue paying into the European Union after Brexit to secure a decent standard of access to the single market, Oliver Wright reports in the Times. Boris Johnson used his tour of the Sunday shows to signal his opposition to the idea, which has been publicly backed by Philip Hammond, the Chancellor, and David Davis, the Brexit Secretary. Liam Fox is said to oppose any continued payments into the EU. 

PRETTY HUGE DECEPTION

Ukip's new leader, Paul Nuttall, has denied that he claimed to have a PhD from Liverpool Hope University, blaming the claim on a LinkedIn page set up by parties unknown. Andrew Marr also confronted Nuttall with past comments of him calling for the privatization of the NHS in 2011.

ON THE CASEY

Louise Casey, the government's integration tsar, has a new report out in which she says that ethnic segregation in the UK is increasing, and criticizes the government for not doing enough to tackle the problem. The big items: the condition of women in ethnic minority communities, a lack of English language lessons, and recommended an oath of allegiance for all public servants. It's the latter that has the Mail all excited: "Swear oath to live in Britain" is their splash. Anushka Asthana has the full details in the Guardian.

SPECIALIST IN FAILURE (TO PAY TAXES?)

Commons PAC chair Meg Hillier has called for football coach Jose Mourinho to be investigated over reports that he has moved millions offshore to avoid paying tax. (If 1-1 draws are tax deductible, that would explain a great deal.) 

SOUNDS UNNERVINGLY LIKE HOME

Theresa May has told the Radio Times what her Christmas is like: Midnight Mass, sleep, a church service, then lunch (goose) and Doctor Who. She has opened up on the difficulties of growing up in a vicarage (among other things, not getting to open your presents for aaages). 

AND NOW FOR SOMETHING COMPLETELY DIFFERENT

It's beginning to feel a bit like Christmas! And to help you on your way, here's Anna's top 10 recommendations for Christmassy soundtracks.

MUST READS

Chimamanda Ngozi Adichie on how to respond to Trump

Labour has a horrible dilemma on Brexit, I say

Michael Chessum on why aping Ukip on Brexit is the path to Labour defeat

Jason on how politics makes us human

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Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.