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Biden-Harris administration commemorates Intersex Awareness Day

Blade speaks with senior State Department advisor Kimberly Zieselman

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Kimberly Zieselman (Photo courtesy of Kimberly Zieselman)

Thursday is the annual Intersex Awareness Day.

Intersex Awareness Day commemorates the world’s first-ever intersex protest that took place in Boston on Oct. 26, 1996. The Washington Blade this week spoke with Kimberly Zieselman, a senior policy advisor to Jessica Stern, the special U.S. envoy to advance the human rights of lesbian, gay, bisexual, transgender, queer and intersex persons.

BLADE: What is intersex?

ZIESELMAN: Intersex is an umbrella term used to describe a person with one or more sex characteristics (including genitals, internal reproductive organs, chromosome patterns and hormone levels) that do not fit typical binary notions of male or female bodies. In some cases, intersex traits are visible at birth while in others they are not apparent until puberty. Some intersex variations may not be physically apparent at all. 

According to experts, between 0.05 percent and 1.7 percent of the population is born with intersex traits — the upper estimate is similar to the number of red-haired people or people with green eyes and is more common than identical twins. Approximately 136 million people meet the definition. 

BLADE: What are some common misconceptions about intersex people?

ZIESELMAN: Two common misconceptions include assuming all intersex persons have nonbinary gender identities or bisexual orientations. A third common mistake is confusing intersex with transgender.  

Being intersex relates to biological sex characteristics and is distinct from a person’s sexual orientation or gender identity. An intersex person may be straight, gay, lesbian, bisexual or asexual and may identify as female, male, both or neither. Intersex individuals may identify as men, women, transgender, nonbinary or any of the range of diverse gender identities — just like everyone else. 

BLADE: What is Intersex Awareness Day? 

ZIESELMAN: Intersex Awareness Day falls annually on Oct. 26 and marks the first public demonstration by intersex persons in North America that took place back in 1996 in Boston, Massachusetts, outside a conference of the American Academy of Pediatrics. In 2003 activists began using the date to raise awareness, and today 20 years later, it has become an internationally recognized date, and the period between Oct. 26 and Nov. 8 (Intersex Day of Solidarity) has increasingly become a period of both education and awareness raising across the world.  

BLADE: Why is Intersex Awareness Day important?

ZIESELMAN: Despite not being that rare (after all, it is more common than cystic fibrosis or identical twins), intersex has largely remained invisible due to the shame and stigma many cultures and societies have attached to it. Because their bodies are seen as different or even disordered (medical practitioners commonly refer to intersex persons as having “disorders of sex development”), intersex children and adults are often stigmatized and their human rights undermined, including related to their health and physical integrity, equality and nondiscrimination and freedom from harmful medical practices. 

Intersex infants and young children are frequently subjected to unnecessary harmful medical practices (including cosmetic genital surgery) for the purpose of trying to make their appearance conform to binary sex stereotypes. These medically unnecessary procedures can cause permanent infertility, pain, incontinence, loss of sexual sensation and life-long mental suffering, including anxiety and depression, post-traumatic stress and even suicide. In some cases, intersex persons may even grow up not identifying with the sex they were surgically assigned in infancy. 

In essence, much of society has historically tried to erase intersex persons. 

These medical procedures undermine bodily integrity and subject intersex persons to harmful practices. They are regularly performed without the full, free and informed consent of the intersex person concerned. Moreover, they are frequently performed on individuals under age two and children who are too young to be part of the decision-making.  

Parents and caregivers are often not given all necessary information to make a fully informed decision and may be pressured by doctors and other community members to permanently “fix” their healthy child. Such procedures are frequently justified by harmful norms and discriminatory beliefs about intersex persons and their integration into society.   

In short, Intersex Awareness Day is important because many are still unaware that intersex persons exist and/or that they are often subjected to human rights abuses. Sharing information and stories can help change hearts and minds and lead to changes in harmful treatment. 

BLADE: How is the State Department planning to commemorate Intersex Awareness Day?

ZIESELMAN: Last year State hired me as the first intersex policy advisory to assist with advancing the human rights of intersex persons in foreign policy. 

Last month, State, under the leadership of the Special Envoy to Advance the Human Rights of LGBTQI+ Persons, hosted five intersex activists to share their perspectives and activism work in five diverse regions of the world. The intersex experts met with a range of State Department staff as well as other agencies and NGOs while in D.C. 

Now the special envoy’s team is working on new resources for all State Department employees providing information on key issues of concern related to intersex persons and suggestions for working together with civil society and local governments to not only raise awareness but also to work towards the advancement of human rights.

In celebration and recognition of Intersex Awareness Day, State will release a statement once again affirming the United States’ commitment to promoting the human rights of intersex persons globally. 

BLADE: What has the Biden-Harris administration done to protect intersex people? Can you please highlight a specific example/s? 

ZIESELMAN: The Biden-Harris administration has been the first ever to invite intersex Americans to share their stories and voice their concerns. This has occurred during two separate roundtables hosted by the White House as well as via a public call for input this year as part of the development of a soon-to-be-released report on Intersex Health Equity by the Department of Health and Human Services as mandated by Executive Order in 2022.  

Also, the State Department and USAID (U.S. Agency for International Development) have released an updated U.S. Strategy to Prevent and Respond to Gender-Based Violence (GBV) Globally that is inclusive of the GBV risks and needs of LGBTQI+ persons, including medically unnecessary and harmful surgeries on intersex persons. Intersex persons, and their needs and concerns, are starting to be addressed. 

BLADE: What have other countries done to protect intersex people? What can the Biden-Harris administration do to implement so-called best practices from around the world with regards to intersex people? 

ZIESELMAN: Some countries have passed laws banning or significantly restricting harmful cosmetic genital surgeries on intersex infants and children. Malta was the first to do so in 2015 and since then Germany, Greece, Iceland, Kenya, Portugal and Spain have joined the list. In addition, territories in both Australia and India have passed laws in attempt to protect intersex children. 

Though these medical practices still occur across most of the world including the United States, the Biden-Harris administration is currently working with intersex persons and families, provide platforms to share their lived experiences, and develop medical practices that affirm and support intersex persons across the lifespan. 

**

U.S. Reps. Becca Balint (D-Vt.) and Mark Pocan (D-Wis.), who chairs the Congressional Equality Caucus, on Thursday introduced the first-ever Intersex Awareness Day resolution.

The resolution specifically:

  • Supports the goals and ideals of Intersex Awareness Day;
  • Encourages the federal government, states, localities, nonprofit organizations, schools and community organizations to observe the day with appropriate programs and activities, with the goal of increasing public knowledge of the intersex community and empowering individuals to celebrate and respect their diversity;
  • Encourages health care providers to offer culturally and clinically competent care to the intersex community, and schools to support education regarding the intersex community and connect individuals to resources for young people with intersex variations and their families and
  • Encourages the federal government, states, international funding organizations, and United States bilateral and multilateral aid efforts to prioritize the health and human rights of intersex people. 

“Intersex people must be recognized as valid and seen within the LGBTQI+ community,” said Balint in a press release. This resolution is an important step in uplifting the intersex community and fighting interphobia.”

Erika Lorshbough, executive director of interACT, a group that advocates on behalf of intersex youth, in a statement applauded the resolution.

“Intersex awareness is not merely a matter of educating the public that people with intersex variations exist; it is additionally about illuminating the harmful legacy — and continuing practice — of unnecessary and unwanted medical interventions on young intersex children, which is increasingly recognized as a human rights violation around the world,” said Lorshbough. “We extend our deep gratitude to Representatives Balint and Pocan for taking action to further these goals.”

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White House halts World AIDS Day recognition amid HIV funding cuts

The decision arrives as experts caution that progress against HIV is at risk due to severe cuts in global and domestic health programs.

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HIV/AIDS activists chant 'Restore PEPFAR Now' as they block the intersection of 16th and I Street, N.W., near the White House on World AIDS Day. (Washington Blade photo by Michael Key)

For the first time since the global observance began, the U.S. government did not commemorate World AIDS Day on Monday.

World AIDS Day, first marked in 1988, has long served as an annual reminder of the ongoing effort to end an epidemic that has killed more than 44.1 million people worldwide and continues to disproportionately impact LGBTQ people, communities of color, and those in the American South. Yet the Trump-Vance administration declined to acknowledge the day this year, severing a symbolic but consistent tradition upheld by every president since Ronald Reagan.

The move comes despite the scale of the epidemic today. Approximately 1.2 million people in the U.S. are living with HIV, according to federal estimates, and about 13 percent — 158,249 people — do not know their status. Globally, the World Health Organization reports 40.8 million people were living with HIV at the end of 2024.

Presidents of both parties have historically used World AIDS Day to highlight progress, remember lives lost, and recommit to reducing disparities in prevention and treatment. Past administrations have also commemorated the day through displays of the AIDS Memorial Quilt — first created in 1987 and later spread across the National Mall and White House lawn. Today, the quilt includes the names of more than 94,000 people lost to AIDS on more than 47,000 panels.

The AIDS Quilt on the White House lawn in 2024 under President Joe Biden. (Washington Blade photo by Michael Key)

This year’s silence from the White House follows several sweeping foreign aid rollbacks instituted by President Donald Trump after his 2024 inauguration. According to an October report by KFF, the administration enacted a “90-day review of foreign aid; a subsequent ‘stop-work order’ that froze all payments and services for work already underway; the dissolution of USAID, including the reduction of most staff and contractors; and the cancellation of most foreign assistance awards.”

These cuts have created significant funding gaps for nongovernmental organizations around the world — many of which work directly to prevent HIV transmission and expand access to lifesaving treatment.

The State Department dismissed criticism of the administration’s decision not to acknowledge World AIDS Day.

“An awareness day is not a strategy. Under the leadership of President Trump, the State Department is working directly with foreign governments to save lives and increase their responsibility and burden sharing,” deputy spokesperson Tommy Pigott said in a statement CNN first reported. “Earlier this year, we released a global health strategy aimed at streamlining America’s foreign assistance and modernizing our approach to countering infectious diseases.”

The U.S. historically played a central role in the global HIV response. Since 2003, the United States has been the largest financial supporter of HIV/AIDS programs — primarily through President George W. Bush’s PEPFAR initiative, which has invested more than $110 billion into the fight to end the epidemic.

Despite overall declines in transmission, HIV continues to disproportionately affect racial and ethnic minorities, LGBTQ people, and men who have sex with men. More than half of new HIV diagnoses occur in the South.

The Centers for Disease Control and Prevention’s Ending the HIV Epidemic in the U.S. initiative focuses on the 48 counties, Washington, D.C., San Juan, Puerto Rico, and seven rural states that accounted for more than half of all new diagnoses in 2016 and 2017.

Advocates say the administration’s withdrawal from World AIDS Day — combined with its cuts to foreign and domestic health programs — risks reversing hard-won gains.

“Though new HIV infections declined 12% from 2018 to 2022, progress is uneven with Black people accounting for 38% of new diagnoses, Latino people accounting for 32% of new diagnoses and more than half (52%) of new HIV diagnoses were among people living in the South,” Jarred Keller, senior press secretary at the Human Rights Campaign, told the Washington Blade via email. “Cuts to CDC funding have driven HIV prevention resources to historic lows, stripping support from HIV-focused programs.”

Legal and public health experts echoed that concern, saying that there is a possibility to stop HIV/AIDS, but only if efforts are taken gradually over time.

“HIV is a preventable and treatable condition, but only if the research, organization, and effort continue to be a priority to those looking out for the health of Americans and people worldwide,” said Jose Abrigo, HIV Project Director at Lambda Legal.

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Trans workers take White House to court over bathroom policy

Federal lawsuit filed Thursday

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Protesters outside of House Speaker Mike Johnson's (R-La.) office in the Cannon House Office Building last year protesting a similar bathroom ban. (Washington Blade photo by Christopher Kane)

Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.

The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”

The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.

Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.

The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.

“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.

Withrow detailed the daily impact of the policy in her statement included in the lawsuit.

“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.

The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.

“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”

In addition to withholding food and water, the policy subjects her to ongoing stress and fear:

“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”

“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”

Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.

The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.

“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.

Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.

“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”

“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”

“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”

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EXCLUSIVE: Garcia, Markey reintroduce bill to require U.S. to promote LGBTQ rights abroad

International Human Rights Defense Act also calls for permanent special envoy

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The U.S. Embassy in El Salvador marks Pride in 2023. (Photo courtesy of the U.S. Embassy of El Salvador's Facebook page.)

Two lawmakers on Monday have reintroduced a bill that would require the State Department to promote LGBTQ rights abroad.

A press release notes the International Human Rights Defense Act that U.S. Sen. Edward Markey (D-Mass.) and U.S. Rep. Robert Garcia (D-Calif.) introduced would “direct” the State Department “to monitor and respond to violence against LGBTQ+ people worldwide, while creating a comprehensive plan to combat discrimination, criminalization, and hate-motivated attacks against LGBTQ+ communities” and “formally establish a special envoy to coordinate LGBTQ+ policies across the State Department.”

 “LGBTQ+ people here at home and around the world continue to face escalating violence, discrimination, and rollbacks of their rights, and we must act now,” said Garcia in the press release. “This bill will stand up for LGBTQ+ communities at home and abroad, and show the world that our nation can be a leader when it comes to protecting dignity and human rights once again.”

Markey, Garcia, and U.S. Rep. Sara Jacobs (D-Calif.) in 2023 introduced the International Human Rights Defense Act. Markey and former California Congressman Alan Lowenthal in 2019 sponsored the same bill.

The promotion of LGBTQ and intersex rights was a cornerstone of the Biden-Harris administration’s overall foreign policy.

The global LGBTQ and intersex rights movement since the Trump-Vance administration froze nearly all U.S. foreign aid has lost more than an estimated $50 million in funding.

The U.S. Agency for International Development, which funded dozens of advocacy groups around the world, officially shut down on July 1. Secretary of State Marco Rubio earlier this year said the State Department would administer the remaining 17 percent of USAID contracts that had not been cancelled.

Then-President Joe Biden in 2021 named Jessica Stern — the former executive director of Outright International — as his administration’s special U.S. envoy for the promotion of LGBTQ and intersex rights.

The Trump-Vance White House has not named anyone to the position.

Stern, who co-founded the Alliance for Diplomacy and Justice after she left the government, is among those who sharply criticized the removal of LGBTQ- and intersex-specific references from the State Department’s 2024 human rights report.

“It is deliberate erasure,” said Stern in August after the State Department released the report.

The Congressional Equality Caucus in a Sept. 9 letter to Rubio urged the State Department to once again include LGBTQ and intersex people in their annual human rights reports. Garcia, U.S. Reps. Julie Johnson (D-Texas), and Sarah McBride (D-Del.), who chair the group’s International LGBTQI+ Rights Task Force, spearheaded the letter.

“We must recommit the United States to the defense of human rights and the promotion of equality and justice around the world,” said Markey in response to the International Human Rights Defense Act that he and Garcia introduced. “It is as important as ever that we stand up and protect LGBTQ+ individuals from the Trump administration’s cruel attempts to further marginalize this community. I will continue to fight alongside LGBTQ+ individuals for a world that recognizes that LGBTQ+ rights are human rights.”

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