A reader writes:
I have an odd question for you, raised by a friend of mine. Some children ARE born "trans-gendered".
She writes:
Intersex = overarching term for anyone born with a physical form not clearly "male" or "female" by current definitions of the terms. Can cover everyone from those born with[out the usual parts men and women normally come with], through XY females and XX males (those born appearing female or male but with a chromosomal sex at odds with their physical form).
Can they marry? Does this come down to possiblity to bear children, in that if it’s not possible, a marriage cannot take place? Can an XY female marry an XY male? Or an XX Male and XX female?
I’m really confused on how to approach this issue.
You’re not alone in being unsure how to approch this issue. At present, the Church also seems to be. There are no authoritative statements from the Magisterium on the subject (to my knowledge), which means that the subject is in play for moral theologians to discuss. Eventually a consensus is likely to develop among moral theologians and, after that or in conjunction with that, a magisterial intervention may occur that creates an official position.
Till then, we just have to do the best we can figuring these things out. So let’s start with what seems certain and work our way out from that.
One thing that is certain (since you asked about marriage) is that a man can only marry a woman and visa versa.
It is also generally held as a certainty that all individuals are really either male or female. Sex in humans is binary. There are no alternatives or gradations in it. We may, in some cases, have a hard time determining which sex a person is, but ultimately they are one or the other.
But suppose, for a moment, that this were not the case. Suppose that, at some point in the distant future, the Church concluded that there are individuals who are not men or women but who have a defective gender. In such an eventuality, it would seem that those individuals simply would not be capable of marriage. Their situation would be analogous to individuals today who are incapable of marriage because they cannot perform the marital act (i.e., they are totally and incurably impotent). The situation of such individuals would be tragic–as is the case of individuals today who are incapable of contracting marriage–but that would seem to be the case for such individuals.
Now let’s suppose that the hypothesis on which that scenario is built is false–that all humans really are either male or female, as is generally assumed. In this case the trick would seem to be figuring out which gender a person is in an ambiguous case and then, to the extent medical science would allow, using corrective methods (e.g., surgery) to enable them to live and function as much as possible as what their gender is.
In determining what sex a person is, there seem to be two kinds of clues available to examine: anatomy and genetics. Unfortunately, at present neither of these can be turned to as an infallible guide.
In the case of anatomy, some individuals are born without sexual anatomy (or without a complete set of sexual anatomy). Others are born with a surplus of it (and a mixed surplus at that).
In the case of genetics, some individuals are missing a sex chromosome (e.g., they are born with just a single X chromosome; I don’t know if any are born with just a Y chromosome) or they are born with too many sex chromosomes (e.g., they have XXX, XXY, XYY, XXYY, or some other pattern).
Sometimes also anatomy fails to match genetics, as in the case of an "XX male" or an "XY female."
At this point moral theologians have not yet figured out how to resolve these ambiguous cases. The correct strategy is debatable and may depend on the facts of a specific case. Here are some of the options:
- If the individual appears to have functional anatomy, go with the anatomy rather than the genetics. In other words, treat XX males as males and XY females as females.
- If an individual lacks functional anatomy, go with genetics and use reconstructive surgery to help the person out. I.e., if someone is genetically male then help him surgically to have the appropriate anatomy. If someone is genetically female then help her surgically to hav the appropriate anatomy.
- If an individual has two sets of anatomy (whole or partial) then go with genetics and use surgery to correct the anatomical situation.
- If someone has a defective chromosome pattern (X, Y, XXX, XXY, XYY, etc.) then treat the person as whatever their anatomy would indicate.
- Treat genetics as the ultimate determiner of sex. In the case of an XX male, use surgery to supply female anatomy. In the case of an XY female, do the same to supply male anatomy. In the case of a defective chromosome pattern, use the presence of a Y chromosome as a determiner of maleness, so X and XXX and XXXX individuals are female and Y, XXY, and XYY individuals are male. Use surgery to correct any problems that exist.
As you can see, these alternatives are not all exclusive of the others, though some are (e.g., 4 and 5 are directly in opposition).
I am a bit doubtful that the Magisterium would ever sign off on option #5. One reason is that it is radically different than the ways of handling these situations that Catholic health care providers and moralists have had up to now when helping children with ambiguous sex. Similarly, we’ve been living since the beginning of the human race (or almost the beginning, anyway) with folks who have one outward sex even though a genetic test would raise questions about it. It seems asking an awful lot to mandate that a XY females or XX males undergo surgery to switch their outward sex. This is a burden that they’ve never been asked to undertake before (though, of course, one may point out that we’ve never had genetic tests before).
I suspect that a patchwork of options, like the ones mentioned above, are likely to emerge in practice and in discussions among moral theologians. I suspect that the Magisterium will initially be hesitant to sign off on any of them.
Ultimately, it may conclude (I didn’t say will conclude) that neither anatomy or genetics (nor hormones, to mention something we haven’t touched on here but which play an important role in embryonic sex development) are alone fully determinative indicators of sex and that in hard cases whether one is male or female must be determined by looking algorithmically at a combination of these factors, as above.
Once the issue of what sex a person is has been sorted out–however it gets sorted out–it is then possible for that person to marry a person of the opposite gender, assuming that he or she is otherwise capable of contracting marriage.
The key here (given the concerns you raised above) is not whether the person is capable of fathering or bearing children. Fertility has never been a condition for validly contracting matrimony. What has and is a condition of that is the ability to perform the marital act. As noted, individuals who are perpetually and incurably impotent cannot contract marriage because they cannot truthfully promise to render the marriage debt (i.e.,sex) since they are incapable of rendering it.
If, however, through surgery or other medical means, they have been made capable of performing their marital duty (whatever their anatomical configuration was earlier in their life) then they are capable of marrying a person of the opposite gender.