The intersexual or transgendered person who projects a social gender – what Kessler calls “cultural genitals” – that conflicts with his or her physical genitals still may die for the transgression. Hence legal protection for people whose cultural and physical genitals do not match is needed during the current transition to a more gender-diverse world. One easy step would be to eliminate the category of “gender” from official documents, such as driver’s licenses and passports. Surely attributes both more visible (such as height, build and eye color) and less visible (fingerprints and genetic profiles) would be more expedient.
Anne Fausto-Sterling, , “The Five Sexes, Revisted”, in Althea Prince and Susan Silva-Wayne, with Christian Vernon (eds), Feminisms and Womanisms, Toronto: Women’s Press, 2004, pp. 133 – 138, first published 2000.