Male, Female or Third Option of ‘Intersex’? Gov. Brown Makes It Legal

California Democratic Governor Jerry Brown signed dozens of measures this past Sunday. One of the most controversial, at least for some, was the legislation that now provides the classification of ‘intersex’ for those who don’t wish to choose the option of male or female.

This new legislation will allow ‘intersex’ residents to change their driver’s licenses and birth certificates (if born in the state) if they choose to apply the new nonbinary label to themselves.

SB 179 reads as follows:

The Gender Recognition Act, SB 179, would allow nonbinary residents — those who self-identify as neither male nor female — to choose a new, third gender marker on state-issued identity documents. It would also make it easier for transgender, intersex or nonbinary Californians to obtain state identification documents that accurately reflect their gender, removing several barriers that make it onerous for people seeking name- and gender-change court orders or seeking a gender change on birth certificates, driver’s licenses and identity cards.

State Sen. Toni Atkins (D) who authored the bill said:

“The Gender Recognition Act will eliminate unnecessary stress and anxiety for many Californians, and it exemplifies the leadership role that our state continues to take in LGBTQ civil rights.”

Prior to the signing of the ‘intersex’ bill, applicants were required by state law to have undergone treatment and submit a sworn statement from their doctor before being able to change their gender identity on their birth certificates, driver’s license or other documentation.

Not anymore. No proof is required!

As you might expect some faith-based groups object to the addition of a third option.

Caleb Price, a contributor to Focus On The Family, a global Christian ministry who wrote an unrelated article on the subject of “intersexuality” argued that transgender activists want us to believe that the traditional understanding of gender as “binary” (male or female) is outdated:

“Transgender activists and their allies continue to work to deconstruct the biological and biblical understanding of humanity’s separation into two sexes — male and female. One way they confuse the issue is by raising the issue of intersexuality.
Many cases of intersexuality have their origin in utero and involve varying degrees of what is called Androgen Insensitivity Syndrome (AIS).

Price continues:

So when we consider a condition like intersexuality, does this mean that “transgender” activists are correct when they argue that the traditional understanding of gender as “binary” — or two-fold, male and female — is outdated and should be discarded in favor of the “more enlightened” view that gender is “fluid” and virtually unlimited in its possible variance?
From a biblical perspective, the answer is “no.” Despite the fact that a tiny fraction of the population faces life with an intersex condition, Scripture teaches that humans are made in God’s image as male and female, and that there’s a complementarity of the sexes that uniquely brings forth new life and — mysteriously — reflects who God is (Gen. 1:27). Clearly, gender and sexuality matter to God.”

California is the first state to allow a nonbinary gender identification on birth certificates. New Jersey discussed allowing an intersex option on its birth certificates in 2013 but they were not successful in making it a state law.

Oregon and Washington, D.C. allow residents to choose a third option on their driver’s licenses. A similar measure is pending in New York.