Are You Serious? The Absurdity of Policies Defining Two Sexes … Banning One and Erasing Others!

Recent policies-executive actions, judgments, and legislation-that define sex as female and male are rooted in colonial and puritanical interpretations of sex. These policies reinforce cis-heteronormativity and reify hegemonic male dominance in society. Proponents of these policies claim they are based on the definition of biological sex, which would suggest sex is based solely on the presence of gametes, eggs, and sperm. This ignores the natural variations that occur through multiple aspects of sex development that converge to constitute an organism's sex and denies the social aspects of gender and sexuality in humans. Policies based on misinterpretation of biological variability are exclusionary and violate people's civil and human rights, rendering us all less human. We propose recommendations that use inclusive theoretical underpinnings from Black feminism and queer theory and a framework of legal determinants of justice to create policies grounded in human rights principles of dignity and respect.