As a respite from wagon wheels, I offer the following interesting
perspective on same-sex marriages, a commentary by Eric Vilain, chief
of medical genetics at UCLA, published in the Los Angeles Times,
April 19, 2004. It's at:

http://www.latimes.com/news/opinion/commentary/la-oe-
vilain19apr19,1,4766046.story

But for the lazy, I append it below.

Stephen

April 19, 2004
COMMENTARY
Gender Blender
 Intersexual? Transsexual? Male, female aren't so easy to define

By Eric Vilain, Eric Vilain is chief of medical genetics at the David
Geffen School of Medicine at UCLA.

This was the moment of truth. The ultimate test before the
coronation. A deacon would extend his hand below the robe of the
future pope and check for the presence of two testicles. Middle Ages
legend has it that this rite was started after Joan, an Englishwoman
and a cross-dresser, managed to get elected pope in 855 but was
discovered two years later because of an ill-timed childbirth.

Will we soon be witnessing such surreal examinations in our city
halls? After all, if the Constitution will allow only marriages
between a man and a woman, the county clerks had better make sure
that they are issuing licenses legally. Patting down the two male
organs would ensure an absolute certainty of sex identification. Or
would it?

In reality, sex isn't so straightforward. Let's take testicles as a
defining characteristic of a man. Are individuals with only one
testis "real" men? The "two-testicles rule" would disqualify about 3%
of male newborns a year � about 4.5 million Americans total. Does one
need to produce active sperm or eggs to be considered a man or woman?
Adding a fertility criterion would eliminate millions more from both
categories.

If conventional wisdom cannot easily define men and women by just a
simple look at the private parts, science should help us distinguish
between the sexes. Since 1921, we have known that women have two X
chromosomes and men an X and a Y chromosome. This is the fundamental
genetic distinction between men and women.

But still, it's been difficult to find clear-cut answers. Olympic
Games officials have struggled with the science of "sexing"
individuals for many years � often after high-profile cases of gender
confusion. In the 1936 Olympics in Berlin, U.S. runner Helen Stephens
beat Polish runner Stella Walsh in the 100-meter sprint, winning a
gold medal and breaking Walsh's 1932 record. The Polish press falsely
accused Stephens of being a man. Ironically, after Walsh was killed
during a 1980 robbery, her autopsy revealed male genitals. Decades
later, Erica Schinegger, who won the women's downhill skiing world
title for Austria in 1966, was two years later found to be
chromosomally male and, as such, disqualified for the Olympics. Her
case forced the International Olympic Committee to require all
athletes to take a test counting the number of X chromosomes.

In 1990, scientists learned that a gene called SRY on the Y
chromosome is what makes fetuses become boys and not girls. In 1992,
the Olympic test was perfected to detect the presence of the SRY
gene.

But even that was insufficient. Any genetics expert knows that there
are exceptions to the chromosome rules. There are females with a Y
chromosome; there are males with no SRY gene. At the Sydney Olympics
in 2000, the IOC decided to "refrain from performing gender tests,"
conceding that no single test provided a complete answer.

Identifying the gender of intersex and transsexual individuals poses
an even more complex challenge. Intersexuality is defined as the
presence of "ambiguous genitalia," making it impossible to tell
easily whether the newborn baby is a boy or a girl. It occurs at a
frequency of 1 in 4,000 births. Plastic surgery of the genitals is
often performed to conform a typical appearance of one sex or the
other, and a male or female legal sex is assigned shortly after
birth. Many of these children grow up feeling alienated from their
legal sex identity and undergo reconstructive surgery as adults to
regain their dominant gender identity. If intersex adults change
their legal sex, which sex should be considered when they marry?

Although the validity of marriage of an intersex person has not been
tried in court, legal challenges to marriages of transsexuals abound.
Transsexuals believe that they have been born in the wrong body and
often pursue a difficult and painful process of surgical
reassignment. But courts often don't recognize the change of sex and
invalidate spousal rights of transsexuals. In the 1999 landmark case
of Littleton vs. Prange, a male-to-female transsexual was denied the
right to sue under a wrongful death statute for the death of her
husband. The Texas Court of Appeals referred to sex provided by "our
creator" as opposed to sex created by physicians and rejected "man-
made" sexual organs.

Sex should be easily definable, but it's not. Our gender identity �
our profound sense of being male or female � is independent from our
anatomy. A constitutional amendment authorizing marriages only
between men and women would not only discriminate against millions of
Americans who do not fit easily in the mold of each category, but
would simply be flawed and contrary to basic biological realities.

___________________________________________________
Stephen L. Black, Ph.D.            tel:  (819) 822-9600 ext 2470
Department of Psychology         fax:  (819) 822-9661
Bishop's  University           e-mail: [EMAIL PROTECTED]
Lennoxville, QC  J1M 1Z7
Canada

Dept web page at http://www.ubishops.ca/ccc/div/soc/psy
TIPS discussion list for psychology teachers at
 http://faculty.frostburg.edu/psyc/southerly/tips/index.htm
_______________________________________________


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