Defying the Binary: Intersex, Trans Rights, and Resisting Political Erasure
In recent years, conversations about gender and sexuality have become more visible, but progress is not always linear. Under the Trump administration, the U.S. Department of Health and Human Services proposed a narrow, binary definition of sex, defining it strictly as male or female, determined by biological characteristics at birth. This policy shift had profound consequences, particularly for intersex and transgender individuals, whose very existence challenges the idea that sex is a simple binary.
Understanding Intersex
Intersex people are born with physical sex characteristics that don’t fit typical definitions of male or female. These variations can involve chromosomes, gonads, hormone levels, or genitalia. According to the United Nations, up to 1.7% of the population is intersex — roughly as common as being born with red hair. Intersex traits can be apparent at birth, during puberty, or sometimes never visibly present at all.
Despite this, intersex people are often erased from public discourse. Many face invasive, non-consensual surgeries as infants, meant to “normalize” their bodies, stripping them of the right to make decisions about their own identities. The Trump administration’s policy further invalidated intersex identities by reducing sex to a strict biological binary, ignoring the complex spectrum of human biology.
The Impact on the Trans and Intersex Communities
The political landscape during the Trump years saw a surge in anti-trans legislation and rhetoric. Bathroom bans, restrictions on gender-affirming healthcare, and attempts to bar trans people from military service all created an environment of heightened discrimination. The administration’s narrow definition of sex reinforced these harmful narratives, giving legal backing to the exclusion of trans and intersex people from basic rights and protections.
For intersex people, this policy wasn’t just a matter of semantics — it had tangible consequences. Defining sex as purely male or female made it easier to justify denying intersex people healthcare, legal recognition, and protection against discrimination. It also reinforced the stigma that intersex bodies are abnormalities to be corrected, rather than natural variations of human existence.
Resisting Erasure and Fighting for Rights
Despite these political setbacks, intersex and trans communities have continued to fight for visibility and justice. Organizations like InterACT and the National Center for Transgender Equality work tirelessly to educate the public, advocate for policy changes, and offer resources to those affected by discrimination. Activists like Pidgeon Pagonis and Hida Viloria have brought intersex issues into mainstream consciousness, challenging societal norms and demanding bodily autonomy.
The fight for intersex and trans rights is fundamentally a fight for all human rights. It’s about the freedom to live authentically, without government interference in personal identity. It’s about dismantling outdated, oppressive systems that seek to control people’s bodies and lives. And it’s about recognizing the full, beautiful diversity of human existence.
Moving Forward
While the political landscape has shifted since the Trump administration, the battle is far from over. Anti-trans bills continue to be introduced across the country, and intersex voices are still too often overlooked. But change is possible. By amplifying intersex and trans voices, supporting grassroots organizations, and pushing for policies based on science and human dignity, we can create a future where everyone is free to be themselves.
Recognizing intersex people and protecting trans rights isn’t just about correcting past injustices — it’s about affirming a future where everyone’s humanity is respected, regardless of where they fall on the spectrum of sex and gender. In a world that often demands simplicity, we must have the courage to embrace complexity — and the empathy to embrace each other.