On November 1, 2013 a law went into effect in Germany expanding the binary of “male” and “female” with a third gender option. Although the construction of sexual categories beyond the Western ideas of “male” and “female” was already debated at some length in the 19th century, it took until the 21st century for the first actual law in Europe to specifically acknowledge intersex individual’s existence and rights. This paper is interested in how and why these marginalized interests have gained “voice” now.
The paper traces the origins of the current ‘third gender’ reform, identifying the supporters and opponents in civil society and political parties, analyzing the role of the medical establishment, and mapping the actions of social movements. The project utilizes the literature on political opportunity structures and framing to explain the introduction of the law. It argues that advocacy networks have turned the discourse on intersex individuals from a framework and practice of physical and medical “correction” to that of legal “protection.” Social advocacy groups for intersex individuals have achieved previously unheard of influence through newly emerging institutional channels and exerted pressure on the German government by setting in motion an effective “boomerang effect” (Keck and Sikkink 1998). In this dynamic the United Nations played a crucial role for gaining intersex rights.
Unlike other research on intersectionality dealing with class, gender, and race it is only in the case of intersex individuals that ‘male’ and ‘female’ characteristics physically intersect. For that reason the study of the law recognizing intersex individuals as a legal group opens a whole new venue of research on emerging intersectional identities and interests.
