A Genealogy of Gender Identity - Money Who?

Part V

The concept of gender identity seems to come into being in international law fully formed, like Athena from the head of Zeus. The Report of the IE does not reference any source. In the words of the IE, ‘Human experience in relation to gender identity and expression is both complex and rich’ (p. 12). The IE ignores the history of this term. Gender identity was coined as a concept in the 1960s and one of its main proponents was John Money, the psychologist and sexologist responsible for the treatment of David Reimer following a mutilating operation on his penis as a child. David Reimer was one of twins who were then raised as a girl and as a boy, forced to enact sexual behaviours in front of the doctor who wanted to prove that gender identity can be imposed on a child (on these terms, gender ideology moved quite to the opposite position from the one advocated by Money). Both twins committed suicide eventually, David Reimer after trying to revert to a male body and identity (the history of the Reimer twins is summarised here).

The history and development of this concept is quite precisely situated in a specific time and place, Anglo-Saxon capitalist countries of the post-war period. But this specificity is inconsistent with the project to naturalise gender identity as an essential and omni-present facet of the human experience. Therefore once again the Report lumps together quite distinct traditions affecting a tiny number of gay males in patriarchal society, and in a move designed to embed gender identity not only in society, but in law, claims that several legal systems recognise genders outside the female/male binary. The proliferation of ‘post-colonial’ studies in universities situated in the former colonial powers or its ‘white’ colonies (so UK, US, Canada, Australia, New Zealand) has resulted in an immense academic production pushing one single narrative, that colonialism and the British empire imposed gender binarism and taught biological sex to ‘noble natives’. It is a narrative that is adopted uncritically by the Report of the IE (p. 12) even if it flies in the face of anything we know about human culture. Just to give one example, this narrative misinterprets the absence of specific laws against male homosexuality in colonial territories (laws that were often imposed by the British Empire, see here) as a sign that pre-colonial societies accepted homosexuality. In the first instance, this narrative flattens the histories of different countries in different continents across time. Additionally, it fails to recognise that not all countries sanction behaviour by means of legal rules. For example, in Italy homosexuality was not ‘illegal’, not even during fascism (and this is one of the reasons why Englishmen came to Italy to practise homosexuality without fear of arrest (The Italian Vice ). But a mix of Catholic rules and social mores ensured that homosexual practices were condemned and shunned by ‘polite’ society. Only an analysis that takes into account the diversity of pre-colonial cultures and the ways in which they regulate social and sexual behaviour can shed light on attitudes on sexual orientation, not this simplistic binary scheme whereby precolonial societies = good, colonialism = bad.

It is a very unsophisticated application of the ‘colonialist’ framework, especially in its white Western model, to diverse cultures that are all flattened under the gender theory model. It goes without saying that most of these societies implemented a strict control of women and their bodies, against which there was no respite in the form of alternative gender roles women may inhabit.

But let’s return to gender identity for a moment, because next post I am going to look at its appearance in international legal texts. We will see how terms used in gender theory, and specifically gender identity, are shared around different international bodies seemingly acquiring more legal legitimacy with each reproduction. In reality there is not a proper legal or theoretical basis for this concept, as we will see the more we consider the assumptions that one needs to make in order to make sense of it. As we have seen, the starting point of the concept is in the context of John Money’s and other psychologists and sexologists’ work in the 1950s-1960s.  From there it migrates into the writings of transgender and transsexual rights activists in the United States as evident from the documentation contain in the material of the Transgender Archives. For example, in the First International Symposium on Gender Identity took place in London in 1969 (Symposium on gender ID), the Erickson Educational Foundation had a pivotal role in the promotion of transgender rights in the US and internationally: Reed Erickson, a transwoman, had built a fortune through oil investments, and he donated millions in support of transgender causes in the US: from the very beginning, ‘trans rights’ are supported by wealthy donations, contrary to classic civil rights causes). In the Second Annual International Conference on Transgender Law and Employment Policy (ICTLEP) there is a reference to the International Bill of Gender Rights (a short history of ICTLEP here). From the recorded history we see that Stephen Whittle, a regular contributor to the Conference and in the advisory committee for the Yogyakarta Principles (as well as being involved in the drafting of the Gender Recognition Act 2004) is one of the people linking all these documents together. The Bill of Rights was drafted by them in 1993 (Bill of Rights). Several of the rights that we now associate with the Yogyakarta Principles, including the right to self define one’s gender identity, the right to affirmative medical care, the right to access female only spaces on the basis of gender identity and not sex, are already contained in this document which is here reproduced in full.

International Bill of Gender Rights

(As adopted June 17, 1995 In Houston, Texas, U.S.A.)

The International Bill of Gender Rights (IBGR) strives to express human and civil rights from a gender perspective. However, the ten rights enunciated below are not to be viewed as special rights applicable to a particular interest group. Nor are these rights limited in application to persons for whom gender identity and gender role issues are of paramount concern. All ten sections of the IBGR are universal rights which can be claimed and exercised by every human being.

The International Bill of Gender Rights (IBGR) was first drafted in committee and adopted by the International Conference on Transgender Law and Employment Policy (ICTLEP) at that organization's second annual meeting, held in Houston, Texas, August 26-29, 1993.

The IBGR has been reviewed and amended in committee and adopted with revisions at subsequent annual meetings of ICTLEP in 1994 and 1995.

The IBGR is a theoretical construction which has no force of law absent its adoption by legislative bodies and recognition of its principles by courts of law, administrative agencies and international bodies such as the United Nations.

However, individuals are free to adopt the truths and principles expressed in the IBGR, and to lead their lives accordingly. In this fashion, the truths expressed in the IBGR will liberate and empower humankind in ways and to an extent beyond the reach of legislators, judges, officials and diplomats.

When the truths expressed in the IBGR are embraced and given expression by humankind, the acts of legislatures and pronouncements of courts and other governing structures will necessarily follow. Thus, the paths of free expression trodden by millions of human beings, all seeking to define themselves and give meaning to their lives, will ultimately determine the course of governing bodies.

The IBGR is a transformative and revolutionary document but it is grounded in the bedrock of individual liberty and free expression. As our lives unfold these kernels of truth are here for all who would claim and exercise them.

This document, though copyrighted, may be reproduced by any means and freely distributed by anyone supporting the principles and statements contained in the International Bill of Gender Rights.

Comments, suggestions or questions regarding the IBGR should be forwarded to Sharon Stuart, IBGR Project, P.O. Box 930, Cooperstown, NY 13326 U.S.A. Telephone: (607) 547- 4118. FAX: (607) 547- 2198. E-Mail: StuComOne@aol.com.

Universities, libraries, academicians, attorneys, judges, government officials, social workers, and others may obtain bound proceedings from each of the annual ICTLEP conferences for $65 each (300 plus pages per volume). Contact Phyllis Randolph Frye, Executive, ICTLEP, 5707 Firenza Street, Houston, TX 77035-5515 U.S.A. E-Mail: ictlep@aolcom. 

The Right To Define Gender Identity

All human beings carry within themselves an ever-unfolding idea of who they are and what they are capable of achieving. The individual’s sense of self is not determined by chromosomal sex, genitalia, assigned birth sex, or initial gender role. Thus, the individual’s identity and capabilities cannot be circumscribed by what society deems to be masculine or feminine behavior. It is fundamental that individuals have the right to define, and to redefine as their lives unfold, their own gender identities, without regard to chromosomal sex, genitalia, assigned birth sex, or initial gender role.

Therefore, all human beings have the right to define their own gender identity regardless of chromosomal sex, genitalia, assigned birth sex, or initial gender role; and further, no individual shall be denied Human or Civil Rights by virtue of a self-defined gender identity which is not in accord with chromosomal sex, genitalia, assigned birth sex, or initial gender role.

The Right To Free Expression Of Gender Identity

Given the right to define one’s own gender identity, all human beings have the corresponding right to free expression of their self-defined gender identity.

Therefore, all human beings have the right to free expression of their self-defined gender identity; and further, no individual shall be denied Human or Civil Rights by virtue of the expression of a self-defined gender identity.

The Right To Secure And Retain Employment and to Receive Just Compensation

Given the economic structure of modern society, all human beings have a right to train for and to pursue an occupation or profession as a means of providing shelter, sustenance, and the necessities and bounty of life, for themselves and for those dependent upon them, to secure and retain employment, and to receive just compensation for their labor regardless of gender identity, chromosomal sex, genitalia, assigned birth sex, or initial gender role.

Therefore, individuals shall not be denied the right to train for and to pursue an occupation or profession, nor be denied the right to secure and retain employment, nor be denied just compensation for their labor, by virtue of their chromosomal sex, genitalia, assigned birth sex, or initial gender role, or on the basis of a self-defined gender identity or the expression thereof.

The Right Of Access To Gendered Space And Participation In Gendered Activity

Given the right to define one’s own gender identity and the corresponding right to free expression of a self-defined gender identity, no individual should be denied access to a space or denied participation in an activity by virtue of a self-defined gender identity which is not in accord with chromosomal sex, genitalia, assigned birth sex, or initial gender role.

Therefore, no individual shall be denied access to a space or denied participation in an activity by virtue of a self-defined gender identity which is not in accord with chromosomal sex, genitalia, assigned birth sex, or initial gender role.

The Right To Control And Change One’s Own Body

All human beings have the right to control their bodies, which includes the right to change their bodies cosmetically, chemically, or surgically, so as to express a self-defined gender identity.

Therefore, individuals shall not be denied the right to change their bodies as a means of expressing a self-defined gender identity; and further, individuals shall not be denied Human or Civil Rights on the basis that they have changed their bodies cosmetically, chemically, or surgically, or desire to do so as a means of expressing a self-defined gender identity.

The Right To Competent Medical And Professional Care

Given the individual’s right to define one’s own gender identity, and the right to change one’s own body as a means of expressing a self-defined gender identity, no individual should be denied access to competent medical or other professional care on the basis of the individual’s chromosomal sex, genitalia, assigned birth sex, or initial gender role.

Therefore, individuals shall not be denied the right to competent medical or other professional care when changing their bodies cosmetically, chemically, or surgically, on the basis of chromosomal sex, genitalia, assigned birth sex, or initial gender role.

The Right To Freedom From Psychiatric Diagnosis Or Treatment

Given the right to define one’s own gender identity, individuals should not be subject to psychiatric diagnosis or treatment solely on the basis of their gender identity or role.

Therefore, individuals shall not be subject to psychiatric diagnosis or treatment as mentally disordered or diseased solely on the basis of a self-defined gender identity or the expression thereof.

The Right To Sexual Expression

Given the right to a self-defined gender identity, every consenting adult has a corresponding right to free sexual expression.

Therefore, no individual’s Human or Civil Rights shall be denied on the basis of sexual orientation; and further, no individual shall be denied Human or Civil Rights for expression of a self-defined gender identity through sexual acts between consenting adults.

The Right To Form Committed, Loving Relationships And Enter Into Marital Contracts

Given that all human beings have the right to free expression of self-defined gender identities, and the right to sexual expression as a form of gender expression, all human beings have a corresponding right to form committed, loving relationships with one another, and to enter into marital contracts, regardless of their own or their partner’s chromosomal sex, genitalia, assigned birth sex, or initial gender role.

Therefore, individuals shall not be denied the right to form committed, loving relationships with one another or to enter into marital contracts by virtue of their own or their partner’s chromosomal sex, genitalia, assigned birth sex, or initial gender role, or on the basis of their expression of a self-defined gender identity.

The Right To Conceive, Bear, Or Adopt Children; The Right To Nurture And Have Custody Of Children And To Exercise Parental Capacity

Given the right to form a committed, loving relationship with another, and to enter into marital contracts, together with the right to express a self-defined gender identity and the right to sexual expression, individuals have a corresponding right to conceive and bear children, to adopt children, to nurture children, to have custody of children, and to exercise parental capacity with respect to children, natural or adopted, without regard to chromosomal sex, genitalia, assigned birth sex, or initial gender role, or by virtue of a self-defined gender identity or the expression thereof.

Therefore, individuals shall not be denied the right to conceive, bear, or adopt children, nor to nurture and have custody of children, nor to exercise parental capacity with respect to children, natural or adopted, on the basis of their own, their partner’s, or their children’s chromosomal sex, genitalia, assigned birth sex, initial gender role, or by virtue of a self-defined gender identity or the expression thereof.