6.1 Sex and Gender

We often make assumptions about how others should think and behave based on external appearance, representing biological characteristics. Still, the process of defining gender and sexuality is complex and includes variations. There are some cultural universals and culturally specific ways of defining masculinity, femininity, and sexuality. Furthermore, variations of sex, gender, and sexual orientation occur naturally throughout the animal kingdom. More than 500 animal species have homosexual or bisexual orientations (Lehrer, 2006).

Gender inequality and discrimination are reinforced across cultures and within cultures through stereotypes and misunderstandings, as well as social norms and legal statutes. The traditional binary ways of understanding human differences are insufficient for understanding the complexities of human culture. As gender roles fluctuate, societies will continue to change and adjust.

Can you explain how sex, sexuality, and gender are different from each other? This lesson will discuss the differences between sex and gender and issues like gender identity and sexuality. We will also explore various theoretical perspectives on the subjects of gender and sexuality, including the social construction of sexuality and queer theory.

Culture of Sex and Gender

In 2009, the 18-year-old South African athlete Caster Semenya won the women’s 800-meter world championship in Track and Field. She significantly improved her time and scored a personal best. The improvement caused officials from the International Association of Athletics Federation (IAAF) to question whether her win was legitimate. The allegations and eventual testing were based on allegations that Caster Semenya, no matter her gender identity, was biologically male.

Following her victory at the 2009 World Championships, it was announced that Caster Semenya was subjected to gender testing. You may think that testing would be a simple matter of DNA, hormone testing, or a physical examination, but as we will learn, it is not that simple. There are chromosomal variations, and both biologically males and biologically females produce a certain amount of testosterone. Different laboratories have different testing methods, which makes it difficult to set a specific standard for male hormones produced by a female that renders her sex male. The International Olympic Committee (IOC) criteria for determining eligibility for sex-specific events are not intended to determine biological sex. To provide further context, during the 1996 Atlanta Olympics, eight female athletes with XY chromosomes underwent testing and were ultimately confirmed eligible to compete as women (Maugh, 2009). To date, no males have undergone this sort of testing. This raises interesting issues—women who perform better than expected are “too masculine,” but when men perform well, they are considered superior athletes. Do you think this level of biological scrutiny would happen to a male based solely on his appearance and athletic ability?

We live in an era when sex, gender, and sexual orientation are controversial religious and political issues. Some nations have laws against homosexuality, while others have laws protecting same-sex marriages. At a time when there seems to be little agreement among religious and political groups, it makes sense to wonder about what is considered normal and who decides about the situation. Many still observe this incident across campuses as something that can happen should these issues not be discussed. The international scientific and medical communities (e.g., American Psychological Association, World Health Organization, World Medical Association, World Psychiatric Association, and the Association for Psychological Science) view variations of sex, gender, and sexual orientation as normal. Furthermore, variations of sex, gender, and sexual orientation occur naturally throughout the animal kingdom. More than 500 animal species have homosexual or bisexual orientations (Lehrer, 2006).

Despite progressive efforts on behalf of these organizations, it is still a touchy subject matter. In 1998, a young man who identified as gay named Matthew Wayne Shepard was beaten, tortured, and left to die near Laramie. He was a student at the University of Wyoming at the time, and he passed away at Poudre Valley Hospital in Fort Collins, Colorado, from severe head injuries. This tragedy brought the issue to the forefront of the U.S. and was also covered overseas.

Read the BBC article Matthew Shepard: The murder that changed America

Sex, Gender, and Orientation

Human Sexuality is Complicated…(YouTube)

Sex

Sex refers to biological, physical, and physiological differences between males and females, including both primary sex characteristics (the reproductive system) and secondary characteristics such as height and muscularity, as well as genetic differences (e.g., chromosomes). Male sexual and reproductive organs include the penis and testes. Female sexual and reproductive organs include the clitoris, vagina, and ovaries.

While the biological differences between males and females are relatively straightforward, the social and cultural aspects of being a man or woman can be complicated.

Biological males have the XY chromosome, and biological females have the XX chromosome, but biological sex is not as easily defined or determined as expected. For example, does the presence of more than one X mean that the XXY person is female, or does the presence of a Y mean that the XXY person is male? The existence of sex variations fundamentally challenges the notion of a binary biological sex.

In humans, intersex individuals make up about two percent, more than 150 million people, of the world’s population (Blackless et al., 2000). Intersex describes variation in sex characteristics, such as chromosomes, gonads (testes and ovaries), sex hormones, or genitals (penis, clitoris, vulva). The term is misleading because it suggests that people have complete sets of male or female reproductive systems, but this is not always the case. There are dozens of intersex conditions, such as Androgen Insensitivity Syndrome and Turner’s Syndrome (Lee et al., 2006).

In our example, having one Y and more than one X chromosome is called Kleinfelter Syndrome. Some people have genitalia considered ambiguous, meaning that they cannot easily be identified as either male (penis) or female (clitoris). Fausto-Sterling (2000) argues that the decision to label someone male or female is a social decision and that biological sex is too complex to fit within a binary sex system. Nevertheless, because assigning a sex identity is a fundamental cultural priority, doctors will typically make the determination for intersex babies within 24 hours of birth. Sometimes, this decision involves surgery, which can have long-term psychological consequences (Fausto-Sterling, 2000).

Gender

Gender is a term that refers to social or cultural distinctions and roles associated with being male or female. Gender is not determined by biology in any simple way. Instead, it is a person’s deeply held internal perception of their gender. A person’s sex, as determined by his or her biology, does not always correspond with his or her gender. Therefore, the terms sex and gender are not interchangeable. At an early age, we begin learning cultural norms for what is considered masculine (a trait of a male) and feminine (a female trait). Gender is conveyed and signaled to others through clothing, hairstyle, or mannerisms like tone of voice, physical bearing, and facial expression. For example, children in the United States may associate long hair, fingernail polish, or dresses with femininity. Later in life, as adults, we often conform to these norms by behaving in gender-specific ways: men build houses, and women bake cookies (Marshall, 1989; Money et al., 1955; Weinraub et al., 1984). It is important to remember that behaviors and traits associated with masculinity and femininity are culturally defined. For example, in American culture, it is considered feminine to wear a dress or skirt; however, in many Middle Eastern, Asian, and African cultures, dresses or skirts (often referred to as sarongs, robes, or gowns) are worn by males and are considered masculine. The kilt worn by a Scottish male does not make him appear feminine in his culture.

The dichotomous view of gender (the notion that someone is either male or female) is specific to certain cultures and is not universal. In some cultures, gender is viewed as fluid. In the past, some anthropologists used the term berdache to refer to individuals who occasionally or permanently dressed and lived as a different gender. In North America, the term berdache was used by colonists referring to indigenous people who didn’t conform to European gender and sexual orientation roles (Kuhn 2024). Kuhn explains that “Two-Spirit” identity among indigenous people is complex and unites variations in gender and sexual orientation with cultural heritage (2024). Similarly, in Mexico, the muxe (pronounced moo-shay) people from the Zapotec region embrace a “third gender,” and have since before the arrival of Spanish conquistadors in the 16th century. The catholic teachings of the Spanish led to the persecution of the muxe (McDonnell 2024, Stephen 2002). Samoan culture accepts what Samoans refer to as a “third gender.” Fa’afafine, which translates as “the way of the woman,” is a term used to describe individuals born biologically male but embody both masculine and feminine traits. Fa’afafines are considered an essential part of Samoan culture. Individuals from other cultures may mislabel them as homosexuals because fa’afafines have a varied sexual life that may include men and women (Poasa 1992).

Orientation

Historically, the terms gender and sex have been used interchangeably. Because of this, gender is often viewed as a binary—a person is either male or female—and it is assumed that a person’s gender matches their biological sex. However, this is not always the case; more recent research has separated these two terms. The majority of people do identify with the gender that matches their biological sex and are called cisgender. However, an estimated 0.6% of the population identify with a gender that does not match their biological sex. These people are referred to as transgender (Flores et al., 2016). For example, an individual who is transgender may be biologically male but identify as female, or vice versa.

In addition to separating gender and sex, recent research has also begun to conceptualize gender in ways beyond the gender binary. Gender-queer or gender non-binary are umbrella terms used to describe a wide range of individuals who do not identify with and/or conform to the gender binary. These terms encompass a variety of more specific labels individuals may use to describe themselves. Some common labels are genderfluid, agender, and bigender. A gender-fluid individual may identify as male, female, both, or neither at different times and in different circumstances. An individual who is agender may have no gender or describe themselves as having a neutral gender, while bi-gender individuals identify as two genders.

The Legal History of Sex and Gender

The terms “sex” and “gender” have not always been differentiated in the English language. Historically, these terms were often used interchangeably, reflecting a lack of distinction between biological and social aspects of identity. It was not until the mid-20th century that professionals began to distinguish between the two formally. Beginning in the 1950s, John Money and his colleagues advanced the theory that sex depends on many variables rather than simply chromosomes. Instead, a combination of biological, prenatal, and postnatal factors affect a person’s sexual orientation (Money et al., 1955). Money pioneered the field of psychoendocrinology and coined the terms “sexual orientation” and “gender role” as he proposed that attractions are not simply determined by preference or choice. Instead, we are shaped by a combination of our biology and our upbringing (Ehrhardt, 2007). Robert Stoller further developed this distinction in the 1960s, emphasizing that sex is biological while gender is cultural (Stoller, 1968).

Historian Joan Wallach Scott defined gender as the connection between two ideas: “Gender is a constitutive element of social relationships based on perceived differences between the sexes, and gender is a primary way of signifying relationships of power (Scott, 2018).

By the late 20th century, the distinction between sex and gender became more widely recognized in academic and legal contexts. U.S. Supreme Court Justice Antonin Scalia, in a 1994 briefing, highlighted this differentiation by stating, “The word gender has acquired the new and useful connotation of cultural or attitudinal characteristics (as opposed to physical characteristics) distinctive to the sexes” (J.E.B. v. Alabama, 144 S. Ct. 1436 [1994]). This clarification aimed to address the evolving understanding of gender as distinct from biological sex.

In contrast, Supreme Court Justice Ruth Bader Ginsburg often used the terms interchangeably in her legal writings. She reportedly did this to avoid the potentially distracting connotations of the word “sex” among her male colleagues on the bench. Ginsburg’s approach underscores the fluidity and evolving nature of these terms within legal and social contexts (Case, 1995). This anecdote illustrates that sex and gender are socially defined variables whose meanings can shift over time.

The differentiation between sex and gender has significant implications for legal and social policies. For instance, recognizing gender as a social construct allows for more inclusive policies that acknowledge the diverse experiences of individuals beyond their biological sex. This understanding is crucial for addressing issues related to gender identity and expression, ensuring that legal frameworks evolve to protect the rights of all individuals.

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