Using
the following quote as motivation for this post, Anne Fausto-Sterling connects
gender and sex to legal identification:
“Given the
discrimination and violence faced by those whose cultural and physical genitals
don’t match, legal protections are needed during the transition to a
gender-diverse utopia. It would help to eliminate the “gender” category from
licenses, passports, and the like. The transgender activist Leslie Feinberg
writes: ‘Sex categories should be removed from all basic identification papers—from
driver’s licenses to passports—and since the right of each person to define
their own sex is so basic, it should be eliminated from birth certificates as
well.’ Indeed, why are physical genitals necessary for identification? Surely
attributes both more visible (such as height, build, and eye color) and less
visible (fingerprints and DNA profiles) would be of greater use.”
As Fausto-Sterling understands sex,
genitals, sex categories, etc… Fasuto-Sterling’s implicit point—that genitals
and sex are not ideal means of identification—appears largely a justified one.
On further thought, I think the point still stands. However, I think more clarity
in what is intended by “identification,” and “sex categories” is need to shed
light on the point being made.
It
seems that identification is usually thought of in two different modes, and it
is my opinion that Fausto-Sterling intends both modes in the previous quote.
- Personal Identification
or the Qualitative mode of identification – This kind of identification is
concerned with more deeply philosophical and existential aspects of one’s
being. The terms and ideas use to describe one’s identity in this respect are
usually more abstract, less concrete, and with room for variability some
particulars. Here, emphasis is placed on abstract individuality.
- Impersonal Identification or the Quantitative mode of identification or “Police” identification – This kind of identification appeals to measurable aspects of one’s being. Things such as height, weight, eye color, etc… are examples of quantitative identity. The terms and ideas used here are usually concrete, and they usually refer to things that are considered physical facticity. The purpose of such identification is usually recognition of the physical appearance of an individual.
With regard to the quantitative
mode of identification, Fausto-Sterling’s point makes complete sense. Such
physical-facticity-aspects of one’s being that are not regularly apparent or
visible to others—let alone society—should be considered useless aspects with
which to recognize an individual. The mere fact that physical genitals and “cultural
genitals” do not necessarily correspond should make this aspect of one’s
quantitative mode of identity insufficient. Couple this with the fact that it
is certainly not that case that anyone—officers of the law—could go around and
demand the revelation of another’s genitals or sex, then it should be apparent
that such a quantitative measure of one’s identity is insufficient for the
purposes of recognition. Therefore, this aspect—one’s genitals or sex—fails to
meet the purpose for which it was deemed relevant in the first place.
With
regard to the qualitative mode of identification, things become vastly more
complex. With respect to physical
objects, it is the individual’s interpretation or perception of the object that
makes it relevant to their personal
identity. Here, Fausto-Sterling argues—in my terms—that there is a misunderstanding
and an unjustified synthesis of the two modes of identification. In this case,
the object is associated with a cultural impression, a qualitative sense of
identity. This connection is purely artificial, and therefore can be changed. Fausto-Sterling
argues that this connection is actually, totally incoherent since the important
information we think we gain by knowing the presence of a physical object—genitals
or sex in this case—is actually not connected to the object nor is it
reflective of it. So her argument goes beyond the mere distinction I have
presented.
When
it comes to “sex categories” I believe the Fausto-Sterling intends a meaning
that convolutes the two kinds of identification and implies a connection
between them as necessitated.
Though the ideas
and connections made in this post have been presented by the other author’s we
have read, Fausto-Sterling does not explicitly adopt these ideas, definitions,
and connections. It is not even clear if Fausto-Sterling even acknowledges a
conceptual problem with regard to identification (at least to me, please
correct me if I am mistaken). As a
result, her argument may be glossed over or interpreted incorrectly.
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