The Urgent Need for Protecting Intersex Children in America

I know firsthand what it's like when decisions about my body were made without my informed consent, all under this idea that it was somehow "protecting children." As a kid, adults and doctors decided things about my body not because it was an emergency, but because they weren't comfortable with my natural differences. The real issue? Society and medical norms pressuring everyone, including me, back then, that everything has gotta fit neatly in a male-female box. That's where all this started—not with who I am deep down.

What's happening with laws right now

We're seeing a similar hypocrisy play out across America, right from local governments up through Congress. For years, intersex kids—that's those born with unique sex characteristics—have undergone medical procedures without specific laws backing it. Now, there's this new wave where laws are popping up against gender-affirming care specifically targeting transgender youth. These laws, which House Republicans are championing, mean serious trouble and heavy penalties just because someone wants proper care. It all masquerades as "protecting children," but really, it's using laws against families and healthcare providers that help these young folks.

On top, hospitals and insurers are using policy changes as a weapon, trying hard nationwide, restricting gender-affirming care. Fear around losing federal funds or facing lawsuits makes offering such care seem too risky. So, what happens? These kids lose out on important care that plenty in major medical communities actually support.

The double standards and irreversible harm

We're hearing these actions defended as a means against "irreversible harm." But if they really cared about that, we'd see lawmakers addressing those unnecessary surgeries on intersex infants first. Human rights organizations have been pointing out these surgeries, which are not about medical need but about making bodies fit traditional male or female appearances. There are still states that allow these surgeries while banning care that supports transgender teens, as JAMA Health Forum has shown. It's like playing favorites with such serious matters.

What's really going on here

This mess isn't by accident. If these laws were truly about keeping kids safe, wouldn't intersex kids be protected most? Right now, rules aim at trans youth while allowing life-altering surgeries on intersex kids. These kids disrupt that rigid sex and gender mold—but that tension seems intentional on lawmakers' parts.

Intersex voices often get lost unless they're twisted around in these harmful laws' conversations. It's all about control when they say "protecting children," yet support practices stripping intersex kids' rights and choices, which are supposed lifelong impacts on them.

This overlooked moment

It's a critical time as our federal government finally starts recognizing intersex issues. In 2024, President Biden's administration made history with an intersex health equity report. This document calls out past healthcare system failings and suggests delaying surgeries until people can actually decide about their own bodies.

Still, it feels like we're moving backward. Look at Trump's first executive order trying hard erasing trans and intersex folks by narrowing what "sex" means legally.

Using medicine wrongly as an eraser gets labeled protection while genuine self-understanding support turns threatening. But really, this isn't just healthcare but a control struggle.

How we should move forward

America can't pretend it stands against irreversible child harm while it legally allows condemned surgeries on intersex people. True respect means everyone's bodily autonomy counts, not just fitting someone's comfort zone.

Protecting kids truly means making safe spaces—trans, intersex, cisgender—all deserve that. It calls us all towards delaying unnecessary, irreversible steps, fostering trust, and focusing on families' and kids' voices—beyond culture wars.

So, America stands at a choice: shamefully continue criminalizing genuine care or listen close and learn from those bearing these impacts. Intersex children need true legal protection, not harmful political games undermining who they are.

This piece comes from Kimberly Zieselman, a human rights advocate who penned "XOXY: A Memoir" and contributed significantly in analyzing these restrictive laws through JAMA Health Forum.