Did you know it’s legal in the USA for mattress companies to put fiberglass in their mattresses? They don’t even have to label them! So if you wanna commission me so I can buy a new bed I won’t stop you
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"Sex" is commonly used to refer to a person's status as a man or woman based on biological factors. Although sex reflects a person's biology, as opposed to gender, which is generally considered to be socially constructed, the biological aspect of the body that determines a person's sex has not been legally or medically resolved.
Traditionally, a person's legal sex is established by the sex that the birth attendant places on the birth certificate. Thus, for infants born with unambiguous external genitalia, the external genitalia typically control the sex determination. If the genitalia appear ambiguous, sex is assigned, in part, based on sex-role stereotypes. The presence of an "adequate" penis in an XY infant leads to the label male, while the absence of an "adequate" penis leads to the label female. A genetic (XY) male with an "inadequate" penis (one that physicians believe will be incapable of penetrating a female's vagina when the child reaches adulthood) is "turned into" a female even if it means destroying his reproductive capacity. A genetic (XX) female who may be capable of reproducing, however, is generally assigned the female sex to preserve her reproductive capability, regardless of the appearance of her external genitalia. If her phallus is considered to be too large to meet the guidelines for a typical clitoris, it is surgically reduced, even if it means that her capacity for satisfactory sex may be reduced or destroyed. In other words, men are defined based on their ability to penetrate females, and females are defined based on theis ability to procreate. Sex, therefore, can be viewed as a social construct rather than a biological fact.
— The Road Less Traveled: The Problem with Binary Sex Categories by Julie A Greenberg in Transgender Rights (2006)
interesting to note that 1) the introduction of chromosomal information doesn’t actually provide more “biologically accurate” precision in sex assignment, only a more complex set of administrative and medical instructions on the procedures of assignment, 2) the only concern in sex assignment is maintaining the distinction that “females make babies” and “males penetrate females to induce pregnancy.”
This is why the idea that “sex is biological” or that we can just drill down to find the sex atom of the human body, be that chromosomes or gametes or whatever else, is premised on the notion that sex assignment is simply a record of a self-evident reality, not the construction of the category of sex as the mythological foundation of cis-heterosexual reproduction
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