Senate committee recommends new anti-discrimination law be passed listing 'intersex' separately as a protected identity 

Gina Wilson, President of Organisation Intersex  International (OII)Australia

21 FEBRUARY 2013 | BY ANNA LEACH

Following calls from LGBTI rights groups and legal experts, the Australian Senate committee drafting the new Human Rights and Anti-Discrimination Bill has recommended that 'intersex' be included as a category in its own right in the proposed law.

'The committee recognizes that intersex individuals are often the subject of discrimination in public life, and that as such there is a need for protection on the basis of intersex status in Commonwealth anti-discrimination law,' said the report published today.

The report said the committee agreed with campaigners that 'intersex is a matter of biology rather than gender identity,' so protection from discrimination was not covered by the definition of gender identity in the draft bill.

'This is a profoundly important report in that it recognizes that intersex is a “matter of biology rather than gender identity”, and reflects “innate biological characteristics”,' said Gina Wilson, president of Organization Intersex International Australia (OII Australia).

'Internationally it represents best practice, proposing the explicit inclusion of intersex people in anti-discrimination legislation for only the second time anywhere [after Tasmania].'

The Senate committee's report added that 'since intersex status is a condition related to the innate biological characteristics of an individual, it should not be an attribute to which any religious exceptions apply'.

Regarding religious exceptions, the committee recommended that they be removed from religious groups who provide services, but remain for employment.

Wilson thanked the many LGBTI rights groups and legal experts, including New South Wales Gay and Lesbian Rights Lobby, the National Association of Community Legal Centres and Australian Human Rights Commission, who added their voices to the call for 'intersex' to be listed separately on the Bill.

If passed, the new law would protect the rights of sexual orientation and gender identity minorities from discrimination in Australia for the first time.

'This is an historic reform that is long overdue, and will provide significant benefits to sex and gender diverse Australians,' said the Senate committee's report.

Victoria Gay & Lesbian Rights Lobby (VGLRL), OII Australia and TransGender Victoria released a joint statement today calling for the government to pass the Human Rights and Anti-Discrimination Bill into law before the next election.

'We urge the government to adopt the recommendations of the committee and pass the legislation as soon as possible, to deliver on its commitment to introduction discrimination protections on the basis of sexual orientation and gender identity,” said VGLRL convener Anna Brown.

Intersexion, a documentary about the difficulties that intersex people face in society, is showing at Sydney Mardi Gras film festival this month and Melboure Queer Film Festival next month.

Related articles

• Intersex, Theology and the Bible (christianityandsexuality.org)
• Include intersex in Bill, say lobby groups and legal experts (dailyqueernews.wordpress.com)
• Intersex concerns on human rights bill (dailyqueernews.wordpress.com)
• Does Intersex Belong in the LGBT Movement? (jamieleescrystalconnection.wordpress.com)

In the beginning: The Myth of the Modern Family

"Sex at Dawn: The Prehistoric Origins of Modern Sexuality" is a new book I am putting directly onto my reading list, based on this fascinating review by Eeric Michael Johnson, a scholar who writes on issues of science, politics, and history at The Primate Diaries. So much hot air in the debates over marriage equality and about Vatican doctrine is wasted over assumptions over "natural law" and "traditional" marriage, that we do not pay enough attention to what truly is natural or traditional.

For the husband and wife team Christopher Ryan and Cacilda Jethá in their new book Sex At Dawn, this example is one of many that suggests the human species did not evolve in monogamous, nuclear families but rather in small, intimate groups where “most mature individuals would have had several ongoing sexual relationships at any given time.” We are the descendants of these multimale-multifemale mating groups and, even though we’ve constructed a radically different society from our hunter-gatherer forebears, the behavioral and psychological traits our species evolved in the distant past still manifest themselves today. Ryan, a psychologist, and Jethá, a psychiatrist, argue that understanding human sexual evolution this way helps to explain our species’ unique creativity inside (as well as outside) the marriage bed.

And get this: while many people equate free sexuality with "animal" behaviour, the evidence is the reverse. It our frequent indulgence in sex for pleasure that sets us apart from other animal species, while the high frequency of sexual intercourse relative to the number of births gives the lie to any suggestion that sexual intercourse is "for" procreation.

But according to Ryan and Jethá humans top a very short list of species that engage in sex for pleasure. “No animal spends more of its allotted time on Earth fussing over sex than Homo sapiens,” they write. In fact, the animal world is filled with species who confine their sexual behavior to just a few periods each year, the only times when conception is possible. Among apes the only monogamous species are the gibbons whose infrequent, reproduction-only copulations make them much better adherents of the Vatican’s guidelines than we are. In this way, Ryan and Jethá argue, repressing our sexuality should not be confused with reining in an “animal” nature; rather, it is denying one of the most unique aspects of what it means to be human.

And

By looking at modern indigenous societies and comparing the findings of anthropologists with the latest results in behavioral psychology and biology, Ryan and Jethá piece together a remarkably coherent pattern from an otherwise fractured understanding of human sexuality. From societies that believe that multiple men are necessary for a successful pregnancy (what researchers refer to as “partible paternity”) to those where not having an extra-marital tryst will cause a man to be labeled “stingy of one’s genitals” by his female suitors, the authors conclude that marriage may be an established social arrangement among many hunter-gatherers but it’s one in which sexuality is decidedly fluid.

Ryan, Christopher, and Jethá, Cacilda: "Sex at Dawn: The Prehistoric Origins of Modern Sexuality"