“Biological sex” is generally conceived of as a binary choice between biological male and biological female (DOI:
https://doi.org/10.1016/S0140-6736(19)32764-3). However, this imposition is inadequate to describe the full nature of variation seen in the biological world. This is evidenced for example through the existence of testosterone insensitive XY human phenotypic females and a variety of forms of intersex individuals. Testosterone-insensitive XY humans “present” as females and can be quite attractive. Their cells simply do not respond to the testosterone that their own testes produce and so they develop the “phenotypically default” path toward presenting as female. They can be quite happy, can enjoy sex, and don’t have to worry about periods or cervical cancer. (Because they have no uterus, they develop no cervix.) AND YET…. variations in phenotypic sex presentation are routinely presented according to a categorization of ‘disorders of sex development.’ And this is just phenotypic sex of the grossly visible body; we have even less insight into the biologically determined sexual characteristics operating within the brain.
What we do know is that many, many, many people report that their sense of their own gender is different than the phenotypic appearance of their body. This is a difference that makes a huge difference.
First, noting the juxtaposition of this article with other articles on Kant in this issue, this article de-values the dignity of any person who asserts “this is my own experience of myself” who is also not fully cisgendered?
Second, misuse of an argument is still use of an argument. The argument that “sex is biological” is often incorrectly continued in the following ways: “Sex is biologically determined, as God made them Man and Woman. Anyone who varies from this path is an abomination and has made a choice to live outside God’s mandates. Therefore they shall be treated as an abomination.” This argument is used over and over and over in the United States, at least, for things as horrid as violence against trans individuals and as mundane but insulting as failing to provide private restroom facilities for non-cis individuals. One result of this is that the highest suicide rates for teenagers in the United States are for trans individuals.
Third, even in the realm of phenotypic sex of the body, does it not deny the dignity of any non-cis individual to label them as somehow representing a “disorder”? While I mentioned above that many testosterone-insensitive individuals are quite happy, many also suffer from a variety of psychological problems because of the way they are “labelled.” (I recognize here that I have gone deeper into the question than the author did to begin with).
This article strikes me as one written with little input from or awareness of people who have a critical stake in the argument (the LGBTQ+ community), with little understanding of the relevant biological information available to us today, and with little consideration to the big difference it makes in how one conceives of the as yet unclear mix of biological and non-biological factors influencing biological sex and self-asserted gender identity. The author states, “It is probably not controversial to suggest that violence against transgender people should be addressed through instruments and methods of public health.” Visit the Midwest and high plains and southern states of the US. Some of the thoughts presented in this article are part and parcel of arguments used to justify violence against LGBTQ+ individuals. Asking the dominant force within any hegemony whether or not the hegemony represents a proper order of society will often garner the answer, “yes.” A lot of what this article says is just that.
And just to offer a glimpse about how complex all of this can be in the wider biological world: phenotypic sex of turtles and crocodilians is generally determined by the temperature at which eggs are incubated, not by genetics.