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Breaking binaries and advocating for intersex justice in Southern Africa

Movement embraces intersectionality and affirms people’s multiple identities

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A transformative movement is gaining momentum in Southern Africa, a region known for its diverse cultures and traditions. This movement challenges gender norms and advocates for the rights and dignity of intersex individuals. This article explores the vital concepts of breaking binaries and intersex justice in Southern Africa, where cultural nuances and a rapidly developing fierce spirit of activism reshape the landscape of gender diversity and sexuality.

The world is quickly changing, and with it comes an increasing recognition of the importance of diversity and inclusion. In the past, many people have looked at the world in terms of binaries — Black and white, male and female, homosexual and heterosexual. However, this way of thinking is limiting and does not reflect the diversity that exists in our communities. Breaking these binaries and embracing diversity and inclusion is crucial to creating a fair and equitable society by recognizing and protecting all these diversities.

Intersex intersectionality

Intersex justice is a social and human rights movement that advocates for the rights, dignity and well-being of intersex individuals. It is also a political movement making political statements since in the broader context of identity politics and the recognition that vulnerable and marginalized communities have historically been subjected to social, political and legal discrimination. When gender-diverse people dare to express their identities openly (and using the plural term for identity here intentionally because, using the theory of intersectionality, everyone has their own unique identities and experiences), it can be seen as a form of resistance and a statement against the systemic discrimination and oppression they may face.

Intersex people are born with variations in their sex characteristics that do not fit typical definitions of male or female. Intersex people often face stigma, discrimination, medical interventions without informed consent and societal violence. Inclusive binaries and intersex justice are significant issues in Southern Africa, as they intersect with the region’s traditional, cultural, social and legal aspects. In many parts of Southern Africa, intersex persons are often frowned upon, hidden or even believed to be a curse and killed.

As we work on intersex awareness, though annual commemorations such as #IntersexAwarenessDay, there is a solid need to reject stereotypes that lead to discrimination and prejudice. Breaking binaries embraces intersectionality and affirms that people have multiple identities that intersect and interact with one another.

Several Southern African customs have a long-standing relationship with gender and sex, associated with male and female and masculinity and femininity and there is no in-between; males are expected to masculinize, and females are supposed to feminize. The push for inclusive binaries challenges these traditional gender norms and promotes a more inclusive understanding of human diversity.

Gender norms and it has influenced societies

Gender norms have profoundly influenced Southern African societies, shaping cultural, social, and economic dynamics for centuries, and this has also impacted modern gender norms in our communities. Gender norms can be defined “as social principles that govern the behavior of girls, boys, women and men in society and restrict their gender identity into what is considered to be appropriate,” a definition also very limiting and binary based with little consideration and acknowledgement of the diverse gender spectrum. 

Gender norms, a social construct, were often prescribed specific roles and responsibilities for men and women, and we have been inaccurately taught in history, moral education and social studies lessons in schools that in the past, men were traditionally seen as hunters, warriors and providers, while women were responsible for domestic tasks, childcare and subsistence farming. 

These roles have reinforced gender-based inequalities in access to resources and economic opportunities that we experience today in a somewhat progressive modern society. Gender norms typically grant more decision-making power to men, and they often hold leadership positions within the community. This practice continues as men’s voices are prioritized in governance and social development matters, which has resulted in the exclusion of women from participating in important decisions that affect their lives and communities, and this is even worse for gender-diverse persons and they do not satisfy the bias “male” and “female” category. 

The unequal power dynamics enforced by society’s gender norms have contributed to higher levels of gender-based violence. Domestic violence and harmful practices such as child marriage and female genital mutilation have persisted in some Southern African communities due to these norms. Intersex persons have not been spared from genital mutilation as some have undergone “gender reappropriation” surgeries as infants. There is a growing push in advocacy and legislative reform to protect intersex minors from unconsented gender surgeries as this is a choice that should be for them to make. The influence of gender norms has further influenced healthcare service delivery as sexual and reproductive health and rights development have been limited and not inclusive and accessible for intersex persons. This limitation has resulted in a lack of bodily autonomy for intersex people. Being gender-diverse has many excluded intersex people from essential fundamental health services such as family planning and mental well-being.

Another aspect influenced by gender norms is inheritance rights. Many African societies are built in a cisgender patriarchal system, and because of this, inheritance and property rights have been structured in a way that favored male heirs. This has often left women and girls without access to land and resources, making them economically vulnerable and dependent on male relatives.

The result of not conforming and fitting into mainstream male or female gender identity often left intersex persons excluded, facing stigma, discrimination and prejudice from various packets of society. Efforts are being made to raise awareness about intersex issues, promote inclusivity, challenge discrimination and prevent the invisibilization of intersex voices and identities. Intersex justice organizers work to ensure intersex individuals are recognized, respected and provided with the support and care they need while fighting against harmful practices and discrimination.

Efforts and promoting intersex rights and justice in Southern Africa

Promoting intersex rights and justice in Southern Africa has become an increasingly important focus for advocacy and human rights organizations in recent years.

Human rights organizations, such as the Southern Africa Litigation Center, are actively involved in legal advocacy for gender-diverse individuals and work to challenge discriminatory laws and practices, and supporting strategic litigation that promotes the rights of gender minority and gender-diverse people in BotswanaEswatiniLesotho and Zimbabwe. 

Regional organizations such as Iranti and Gender DynamiX advocate and provide training and educational resources to healthcare professionals, religious and cultural leaders, policymakers, and the public. These advocacy initiatives aim to enhance understanding and sensitivity regarding intersex issues and collaborate with other human rights organizations to foster a more inclusive and accepting society.

Legal and policy developments related to intersex rights in Southern Africa have gained momentum in recent years, reflecting a growing recognition of the need to protect the rights of intersex individuals. Additionally, the Protocol to the African Charter on the Rights of Women, a progressive human rights instrument, requires state parties to take specific measures to end violence against women regardless of their sexual orientation or gender identity. Furthermore, the Protocol calls for the ending of genital mutilation and the promotion of bodily autonomy and reproductive health choices of women, including intersex women.

In South Africa, the Promotion of Equality and Prevention of Unfair Discrimination Act as amended in 2005 interprets the definition of “sex” to include intersex persons; therefore, intersex persons are protected from unfair discrimination, harassment and hate speech and promote equality for intersex persons.

In 2014, the African Commission on Human and Peoples’ Rights adopted Resolution 275, which protects against violence and other human rights violations against persons based on their actual or imputed sexual orientation and gender identity. Resolution 275 expresses grave concern about increasing violence and other human rights violations, including murder, rape and assault experienced by sexual and gender minorities. It calls upon states to stop such violence and take appropriate measures to ensure adequate remedies for victims.

Botswana made significant progress in 2017 by recognizing the rights of transgender and intersex individuals to change their legal gender markers on official documents. This ruling by the court was a crucial step towards recognizing the diversity of gender identities and would pave the way for the protection of gender-diverse persons. In many Southern African countries, such as Eswatini, Lesotho and Namibia, intersex persons can legally change their name and sex on birth certificates to suit their preferred gender identity per the national registration acts.

In 2022, the Zimbabwean government adopted two recommendations at the country’s Universal Periodic Review at the Human Rights Council on gender minorities, which were to protect intersex minors from unconsented operations surgeries and violations of bodily integrity and to strengthen efforts to address violence against women, children and all persons based on their sexual orientation and gender identity. Intersex advocacy groups in Zimbabwe have been working to raise awareness and challenge harmful practices. Following the adopted recommendations, there is an expectation to see an increase in dialogue between the government and human rights organizations on protecting intersex people’s rights.

In March this year, the African Commission on Human and Peoples’ Rights adopted Resolution 552, which seeks to promote and protect intersex rights on the African continent. Resolution 552 comes with clear recommendations for states to create administrative and legislative measures to protect intersex persons from violent harassment at home, school, the workplace and in the broader society. It calls on member states to ensure that members of their judiciary, immigration officials, law enforcement officers, healthcare and education practitioners, as well as traditional and religious communities, are sensitized to protect, respect and treat intersex people equally without discrimination or prejudice. It further calls for the recognition and protection of intersex movements and human rights defenders to organize without any threats and that perpetrators are tried and persecuted.

Intersex liberation is our liberation too

The fight for the recognition, protection, and inclusion of intersex people is an ongoing and essential human rights struggle. And while there has been progress, challenges still exist for intersex rights. It is necessary to continue advocating for the full recognition and freedoms of all intersex people, to protect their bodily autonomy and to ensure that they can live their lives with dignity and without discrimination. 

Bradley Fortuin is the LGBTIQ+ Program Officer at the Southern Africa Litigation Center and a social justice activist.

This article is part of advocacy efforts on recommendations to the government of Botswana’s Universal Review of Botswana at the 43rd Human Rights Council. A joint submission Stakeholder Report was submitted by Banana Club,Black Queer DocXBotswana Trans InitiativeLife|Loss|Love, Mmammati Human Rights Hub, Iranti, the Southern Africa Litigation Center and the Sexual Rights Initiative.

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Trans people need a politics of ordinary life

Seeking the freedom to stop explaining ourselves

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(Image by smarnad/Bigstock)

For much of the modern transgender rights movement, our political vocabulary has understandably been a vocabulary of emergency. We talk about healthcare bans, bathroom restrictions, discrimination, violence, court decisions, and executive orders. We organize because something is being taken away, prohibited or threatened.

Those fights are necessary. But they cannot constitute our entire vision of transgender life.

The Williams Institute at UCLA estimates that approximately 2.8 million Americans ages 13 and older identify as transgender, including roughly 2.1 million adults. Transgender people are only about 0.8 percent of the adult population. Yet transgender Americans occupy an extraordinary amount of the country’s political attention.

Behind those political arguments are millions of people doing profoundly ordinary things.

We commute to work. We complain about rent. We walk our dogs. We sit in traffic. We buy groceries. We fall in love with people who sometimes disappoint them. We worry about our parents getting older. We try to make enough money to retire. We drink coffee before work and wonder what to make for dinner.

This ordinariness should be part of the political project.

For years, LGBTQ advocacy has emphasized visibility. Visibility was necessary because silence allowed discrimination to flourish. Americans needed to understand that gay and transgender people existed in their families, workplaces and communities.

But visibility is a means, not an end.

The endpoint of civil rights is not permanent visibility. It is freedom.

And freedom includes the freedom to stop explaining yourself.

There should be nothing remarkable about a transgender accountant preparing someone’s taxes, a transgender teacher grading papers, a transgender novelist writing a book that has absolutely nothing to do with gender, or a transgender retiree arguing with the homeowners association about somebody’s fence.

That sounds almost comically mundane. That is precisely the point.

For many transgender Americans, mundane life remains harder to obtain than it should be. The 2022 U.S. Transgender Survey, which collected responses from more than 92,000 people, found that 34 percent of respondents were experiencing poverty and 18 percent were unemployed. Eleven percent of respondents who had ever worked reported losing a job because of their gender identity or expression. Nearly 30 percent had experienced homelessness during their lives.

Those numbers tell us something important about what transgender politics should accomplish.

A successful movement cannot measure progress exclusively by representation in television shows, corporate Pride campaigns or the number of transgender politicians elected to office. It must also ask whether transgender people can build stable, boring lives.

Can you find a job?

Can you rent an apartment?

Can you go to the doctor without becoming a political subject?

Can you walk into a restaurant with your spouse without calculating whether everyone is staring at you?

Can you spend an afternoon thinking about something other than being transgender?

Even healthcare illustrates the distance between formal inclusion and ordinary dignity. A 2024 KFF analysis found that 33 percent of LGBT adults who had recently used healthcare reported being treated unfairly or disrespectfully by a healthcare provider, compared with 15 percent of non-LGBT adults. Thirty-nine percent said a negative healthcare experience had made them less likely to seek care.

Equality therefore cannot simply mean keeping a clinic open. It must mean being able to enter that clinic, receive competent treatment and leave without feeling that your identity has swallowed the entire encounter.

There is a broader political lesson here.

Transgender Americans have sometimes been transformed into abstractions by both sides of the culture war. To some conservatives, we are evidence of social decline. To some progressives, we become symbols of resistance. Neither description leaves much room for the complicated, frequently uninteresting reality of being a person.

Most people do not wake up every morning thinking about their demographic categories. They think about deadlines, relationships, bills, ambitions, annoyances and whether there is enough milk in the refrigerator.

Transgender people deserve that luxury too.

A politics of ordinary life would therefore defend transgender healthcare and civil rights vigorously while articulating something beyond defense. Its objective would be integration: transgender Americans participating in civic life without every interaction becoming a referendum on gender.

That means protecting employment and housing. It means making competent healthcare routine rather than exceptional. It means creating communities where transgender children can imagine futures that extend beyond surviving adolescence. And it means allowing transgender adults to become bankers, mechanics, professors, parents, entrepreneurs and retirees without expecting them to become activists simply because they are transgender.

There will always be people who choose activism. We need them. There will always be people who speak publicly about their transitions. Their testimony matters.

But there should also be room for the transgender person who wants none of that.

Civil rights movements succeed not merely when marginalized people become visible, but when their presence stops requiring explanation.

The most radical future I can imagine for transgender Americans is therefore surprisingly conventional: a country in which being transgender can become one fact among hundreds about a person rather than the organizing principle of a life.

Perhaps the ultimate measure of transgender equality will not be how frequently America talks about transgender people. It will be the day when it no longer has to.


Isaac Amend is a transgender man and writer based in D.C. In 2017, Isaac starred in National Geographic’s “Gender Revolution” documentary. He sits on the board of the LGBT Democrats of Virginia. His author’s portfolio is available at isaacamend.com and you can find him on Instagram at: @isaacamend.

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Enlarging the Supreme Court keeps making more sense

If effort to restrict mail in voting stands, we are in major trouble

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(Washington Blade photo by Michael Key)

I have been going back and forth on whether I think adding justices to the Supreme Court is the right thing to do. But if the court takes the final step of allowing the felon’s executive order on mail in ballots to move forward, I am definitely for enlarging the court. There are many things this court has done that I find reprehensible, but this would be by far the worst. It would irreparably impact the very cornerstone of our democracy — the right to vote.

The order requires the Department of Homeland Security (DHS) be sent voter lists from each state, and then compile/verify a list of U.S. citizens in each state who are eligible to vote. DHS would undertake the effort to compile the list with the Social Security Administration. We are talking about a list of more than 200 million names. The list would be by state, and then sent to each state. It then directs the U.S. Attorney General to prioritize the investigation and prosecution of “election officials, individuals, and other entities that violate the law by issuing or distributing Federal ballots to ineligible voters.” Then according to the White House fact sheet on the EO, It directs the AG to withhold federal funds from noncompliant states. 

In addition, it involves the Postal Service in determining correct ballots, and instructs ballots it transmits to be “placed in secure ballot envelopes marked as Official Election Mail, with unique Intelligent Mail barcodes, that facilitate tracking. So, one has to question does Homeland Security then track every ballot? It is all insane, meant to limit voting, and scaring people into not voting when we already have a safe, proven system in place. All this being done at the whim of the felon in the White House when it is very clear the Constitution vests the administration of elections with the states. It does allow Congress to pass laws pertaining to elections, but is clear the Executive Branch has NO official role in changing election laws, or carrying out elections. The court must be deaf, blind, and dumb, if they don’t know the Congress has refused to pass the President’s SAVE Act, which would have made some changes. Again, they know this, and if they choose to disregard this, and the constitution, and allow the felon to proceed to implement any part of his EO, they should be impeached. 

It is clear to anyone with half a brain, that all this, even if it were constitutional, would be totally impossible to do in the eight weeks before the midterm elections. In the 2022 midterm elections, nearly 107.7 million valid votes were cast. Currently, is it difficult to determine the exact number of registered voters, as they are registered by state, but it is generally agreed to be approximately 200 million. The idea the Trump administration could in any way try to validate 200 million names in the next eight weeks is totally insane. Again, this is why it is left to the states to do, and it is an ongoing process. Trump filed 60 lawsuits to try to prove invalid votes in the 2020 election, and he lost all 60. Recently, DHS looked at the Nevada voting rolls, and initially claimed there were about 16,000 illegal voters listed. But when it came down to returning the supposed illegal names to Nevada, election officials there received a list with only about 185 names on it. Over the years where Trump has sued, and there have been recounts, there have never been more than a handful of illegal votes and it was clear they made no difference in the results.

Voting by mail is crucial for so many. Even the felon votes by mail. So, if the court were to side with the felon on this, and approve even part of his executive order, they are clearly doing it to screw up our elections, and be complicit with the felon. Based on such an outcome I would lobby the Senate to add justices to the court. The number of justices on the court has changed five times before. Today we have two justices, Alito and Thomas, whose votes you know in advance on any case before it is even heard. We know there are six conservative justices. So, if Democrats take the Senate they could add four more liberal justices to the court for a liberal majority. Even adding three would provide for an even balance which could make for a serious debate on the issues within the court, and final decisions wouldn’t be forgone conclusions as they so often are today. 


Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.

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American democracy on the brink

When Trump threatens voting rights to undermine midterms, we should believe him

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President Donald Trump (Washington Blade file photo by Michael Key)

President Trump’s favorability is at record lows, dragged down by a reckless and unpopular war, soaring food and gas prices, economic instability and a general sense that he is flagrantly corrupt, more focused on vengeance than governing, flailing and mentally unwell. Assuming the elections take place without interference, Democrats are expected to regain control of the House in November, with odds increasing of a Senate takeover as well. 

In normal times, a rational president facing such headwinds would pursue policies designed to regain public support. But we see no sign of that. Instead, we are seeing a renewed focus on repeating the well-litigated and demonstrably false claims that he won in 2020, and that our elections are rife with voter fraud. He recently devoted most of what was billed as a major speech to the nation on regurgitating these imaginary claims, this time alleging that the Chinese had interfered in the 2020 election, thereby augmenting the pretextual narrative with a national security rationale.  Although it is unclear whether Trump believes any of this himself, he has convinced most of his supporters to believe it, and that serves a very important purpose. Those false claims drove thousands to storm the Capitol to prevent the certification of the 2020 election, and he appears again to be setting the stage for what he seems willing to do to avoid defeat at the polls.

Since returning to power last year, Trump has systematically fired and replaced personnel at all levels who might not comply with illegal directives and taken other actions to remove the obstacles that constrained him before.  He has thoroughly purged the military and the Department of Justice of career professionals and replaced them with die-hard loyalists who will reliably do his bidding. He has totally neutered the Congress, rendering this once-powerful co-equal and independent branch of government totally subservient. And he has cowed much of the judiciary, including the Supreme Court, into a state of complicit compliance.  The Department of Justice has been so thoroughly co-opted by him that he routinely and publicly directs the prosecution of his enemies on tenuous or non-existent grounds and indictments soon follow in virtually every case.

Trump has also militarized America’s streets through the deployment of a federalized National Guard deployed primarily in Democratic cities under the pretext of a crime epidemic that local authorities could not contain. Trump has unleashed a highly aggressive and unaccountable Immigration and Customs Enforcement (ICE) force of masked gunmen ostensibly to round up and deport people who were in the country illegally.  In fact, ICE has acted with such wanton brutality that it has disappeared and summarily deported people, and murdered people, including several American citizens, in broad daylight and on video with no consequences.  These troops, who function almost as independent and unaccountable militias of the president, have terrorized segments of the population and acclimated Americans to a menacing armed presence roaming the streets in a manner that Americans have never experienced before. It is not hard to imagine how these forces could be put to use during the election: to intimidate and suppress the vote in Democratic precincts, to seize voting machines or otherwise interfere with the election process, and/or to provoke chaos and unrest to provide a pretext for the president to contest or nullify the election results.

This is not theoretical. It is telling that Trump’s two top priorities are premised on the big lie about the 2020 election and on creating a pretext for interfering in the upcoming election. He has prioritized legislation called the SAVE Act, which would interfere with states’ rights to administer elections by mandating enhanced voter ID requirements in a manner that would disenfranchise voters, particularly those that tend to vote for Democrats. His other top priority is a $1.8 billion “anti-weaponization” fund designed to compensate and reward convicted Jan. 6 rioters who, at Trump’s instigation, ransacked the Capitol, brutally assaulting police officers and hunting members of Congress with the intent of killing them. The rationale for this massive slush fund is the fiction that these convicted felons were innocents unfairly subjected to baseless, politically motivated prosecutions. This fund was so controversial that two Republican senators had blocked the nomination of Todd Blanche as attorney general until they received a very dubious written assurance — quickly disavowed by Trump — that the fund would not be deployed.

It is also alarming that Trump repeatedly calls for nationalizing the elections process, despite the Constitution specifically vesting these powers with the individual states, and he has demonstrated that he means business. He has pressured states to turn over confidential voter data and taken punitive measures against the non-compliant, including withholding allocated federal funds.   He has harassed and intimidated state election officials with threats of criminal prosecution for a variety of specious reasons and has sought confidential personal information about these officials. Notably, he recently abolished the U.S. Elections Assistance Commission, a watchdog agency established by Congress after January 6 to ensure the integrity of our elections.  And perhaps most disturbing of all, his servile FBI took the unprecedented step of raiding election offices in Atlanta, Georgia to seize and confiscate voter rolls.  There is no reason to believe that he will hesitate to do so again in November.  In fact, he recently stated that he may send ICE and National Guard troops to polling places, and some members of Congress and MAGA influencers are calling for him to do just that.  Under the right circumstances, which would include accusations of voter fraud and chaos at the polls that could easily be provoked or manufactured, he would have the legal authority to do so.

At the same time, Trump has openly mused that the public might prefer a dictatorship and repeatedly hinted that he might seek an unconstitutional third term. At the White House Correspondents’ Dinner last month, he wore a red cap emblazoned with “Trump 2028”, and just this week, he indicated that he is willing to declare a national security emergency to cancel elections. “Stranger things have happened,” he said, seeming to prepare the public for what might be in store.  Trump has so successfully inured the public and the media to such incendiary and anti-democratic threats that they no longer induce opprobrium or outrage. 

This president has repeatedly demonstrated and flexed his authoritarian impulses, admired dictators, and increasingly signaled a determination to seize control of the upcoming election up to and including cancelling it. He tried to stage a coup once and came very close to succeeding.  This time his actions are increasingly speaking the quiet part out loud. What should alarm anyone paying attention is that the groundwork for Version 2.0 has been very well laid and that, when Trump signals so clearly that he is determined to win by any means necessary, we should believe him.

Peter Pappas is an attorney who served in senior positions in the Obama and Clinton administrations. 

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