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King County in Washington state, which includes Seattle is considering gender protections for employment that specifically include intersex.
According to the Seattle Times, one of the key parts of the legislation would "Protect people on the basis of gender identity, specifically naming people who are intersexed (born with genitals that aren't exclusively male or female), transsexual (who live as the
opposite sex and may use hormones and surgery to complete the transition), transvestite (cross-dresses) and transgendered (a broader term for people with gender-identity issues).
While the intent of the proposed legislation is probably good, it is unfortunate that intersex is once again grouped together with trans issues when the two are very different and with different needs.
We are not sure what they mean by gender identity for those "born with genitals that aren't exclusively male or female" Last we checked, our genitals don't determine our gender nor do they do a very good at expressing our gender identity for us.
Perhaps if King County was interested in protecting the rights of those with intersex, they would consider legislation that protects the basic human rights of those born intersex against unnecessary and unwanted bodily and hormonal modification.
One of the unfortunate fall outs of making intersex a protected class in this manner is that it will then put the burden of proof on the intersex person to prove damages and the truth of the claim. Will those with intersex who claim they are discriminated against because of their intersex status be forced to provide medical records or submit to invasive physical examinations to claim damages? That scenario could be an unfortunate result of otherwise good intentioned legislation. If that occurs, it could lead to further stigmatization and shame unnecessarily.
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