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272<br />
ingrid holme<br />
p. 106), This chapter explores three institutional structures that allow<br />
medical and juridical bodies to constitute authority with regard to <strong>the</strong><br />
sexing of <strong>the</strong> human body.<br />
The fi rst of <strong>the</strong> institutions is that of birth registration. From <strong>the</strong><br />
moment a person is born he or she encounters <strong>the</strong> governance of<br />
sex-gender through <strong>the</strong> registration of his or her sex. While <strong>the</strong> infant’s<br />
self-awareness of <strong>the</strong>ir sex is debatable, <strong>the</strong> subsequent actions of<br />
parents, from naming <strong>the</strong> child to choosing clo<strong>the</strong>s and toys become<br />
institutionally sexed and gendered. As Dreger (1998) has detailed,<br />
<strong>the</strong> registration of sex at birth indicates <strong>the</strong> medical community’s<br />
establishing authority in “fi nding” and “revealing” <strong>the</strong> person’s true<br />
sex. Throughout its history, <strong>the</strong> Western medical institution has been<br />
compelled to establish reliable indicators of sex, which has led to various<br />
approaches and debates. During what Dreger terms <strong>the</strong> “Age of <strong>the</strong><br />
Gonads,” a person’s true sex was determined by <strong>the</strong> gonads, and this<br />
lead to <strong>the</strong> difference between female and male becoming located<br />
within reproductive differences (Hird, 2002). Currently an infant’s sex<br />
is assigned based on <strong>the</strong> visual appearance of <strong>the</strong> genitals. However,<br />
in cases of “ambiguous genitalia” a number of “signs,” such as genital,<br />
chromosomes, reproductive capacity, and sexual function are taken into<br />
consideration. In <strong>the</strong>se cases establishing <strong>the</strong> genetic sex through <strong>the</strong><br />
technology of karyotyping is also routinely done. 1 However, assigning<br />
sex to an infant with ambiguous genital is not clear-cut, and Dreger<br />
has observed that <strong>the</strong> need to label “hermaphrodites” as ei<strong>the</strong>r female<br />
or male stems from <strong>the</strong> medical and social requirement for one body<br />
to have a single sex. The idea of a person’s body having only one fi xed<br />
and static sex has become institutionalized within <strong>the</strong> birth certifi cate,<br />
which can be altered only if <strong>the</strong> doctor, that is <strong>the</strong> medical institution,<br />
has made a “mistake.” Intersex activists are challenging this structure,<br />
which has <strong>the</strong> potential to label <strong>the</strong>m transsexual if <strong>the</strong>y do not agree<br />
with <strong>the</strong> sex assigned to <strong>the</strong>m as babies. Clearly, <strong>the</strong> idea of sex as<br />
a biologically fi xed category is critical to <strong>the</strong> stability of <strong>the</strong> current<br />
institutional procedure that governs <strong>the</strong> fi rst stages of a person’s life<br />
and marks <strong>the</strong>m as belonging to <strong>the</strong> biological realm of ei<strong>the</strong>r female<br />
or male, and <strong>the</strong> social realm of women or men.<br />
The second institutional structure, which acts in <strong>the</strong> governance of<br />
sex-gender, is <strong>the</strong> marriage tradition and <strong>the</strong> integration of heterosexuality<br />
as a norm of “real” women and men within <strong>the</strong> legal system. Dreger<br />
(1998) has noted that, historically, <strong>the</strong> main motivation of doctors in<br />
hermaphrodite cases was a fear of homosexual practices. This fear of<br />
homosexuality is apparent in <strong>the</strong> case of marriage, which is regulated<br />
by law so that marriage is restricted to <strong>the</strong> union of a female woman