Technological Transexualism as a Torchbearer for Technological Self-Determination By: Martine Rothblatt, Ph.D., J.D., M.B.A. Human Rights for the 21st Century: Rights of the Person to Technological Self-Determination IHEU – Appignani Humanist Center for Bioethics Institute for Ethics and Emerging Technologies

Technological Transexualism Technological Self-Determination Similar Challenges Faced

Technological Transexualism

Technological Self-Determination

Similar Challenges Faced

Technological Transexualism

What is Technological Transexualism? The use of products or processes to alter the phenotype from that generally associated with either male or female genotype to its alternative.

The use of products or processes to alter the phenotype from that generally associated with either male or female genotype to its alternative.

“No absolute ‘male or female brain’ indicators have been found because they don’t exist. Instead the human mind is arrayed across a broad continuum of sexual identity…” Professor Anne Fausto-Sterling; Professor of Biology & Gender Studies at Brown University

“No absolute ‘male or female brain’ indicators have been found because they don’t exist. Instead the human mind is arrayed across a broad continuum of sexual identity…”

Research by Eric Vilain MD of UCLA & Peter Goodfellow of Cambridge 1/4500 birthed genitals are ambiguous 1/100 are non-dimorphic, eg undescended SRY gene, discovered 1990, blocks antitestes gene (DAX1) Single base pair can change sex XX + SRY yields range from M to androgeny DAX1 gene starts up female pathway XY + too much DAX1 makes F

1/4500 birthed genitals are ambiguous

1/100 are non-dimorphic, eg undescended

SRY gene, discovered 1990, blocks antitestes gene (DAX1)

Single base pair can change sex

XX + SRY yields range from M to androgeny

DAX1 gene starts up female pathway

XY + too much DAX1 makes F

Billions of Possible Sexual & Gender Identities Sex emerges out of a delicate dance of pro-male, anti-male & pro-female genes. Genes as much as hormones shape neurogender -- 7 sex differential genes affect neural tissue before gonads form. Pro-Female Genes DAX1 WNT4 Dozens candidates Pro-Male Genes SRY Dozens candidates

Sex emerges out of a delicate dance of pro-male, anti-male & pro-female genes.

Genes as much as hormones shape neurogender -- 7 sex differential genes affect neural tissue before gonads form.

Pro-Female Genes

DAX1

WNT4

Dozens candidates

Pro-Male Genes

SRY

Dozens candidates

Phenotypic Characteristics Associated With Gender Body Shape Body Hair Reproductive Organs Genitalia

Body Shape

Body Hair

Reproductive Organs

Genitalia

Strong Motivation For Technological Transexualism Despite: High costs Painful surgery and recovery Extensive mental evaluation and invasion of privacy Risk of death Renee Richards Christine Jorgenson

High costs

Painful surgery and recovery

Extensive mental evaluation and invasion of privacy

Risk of death

Recently, the 6th U.S. Circuit Court of Appeals, the highest federal court in Kentucky, Michigan, Ohio and Tennessee, acknowledged that Title VII of the Civil Rights Act of 1964 protects transexuals from discrimination on the basis of sexual identity. Laws Are Slowly Changing Barnes v. City of Cincinnati, 401 F.3d 729, 95 Fair Empl.Prac.Cas. (BNA) 994, 85 Empl. Prac. Dec. P 41,893, 66 Fed. R. Evid. Serv. 999, 2005 Fed.App. 0142P 6th Cir.(Ohio) Mar 22, 2005

Recently, the 6th U.S. Circuit Court of Appeals, the highest federal court in Kentucky, Michigan, Ohio and Tennessee, acknowledged that Title VII of the Civil Rights Act of 1964 protects transexuals from discrimination on the basis of sexual identity.

The district court did not err by instructing the jury it could find discrimination based on “sexual stereotype.” OPINION OF DAVID W. McKEAGUE, District Judge. … the Equal Protection Clause (EPC) “prohibits discrimination against public employees on the basis of an employee’s perceived sexual orientation, gender identity, transsexuality, or failure to conform to sex stereotypes.” … this court held that the district court erred in granting a motion to dismiss by holding that transsexuals, as a class, are not entitled to Title VII protections… The City’s argument that Barnes lacked standing because he was not a member of a protected class fails, as Barnes is a member of a protected class as defined in Title VII. Smith , 378 F.3d at 575. The City’s claim that Barnes did not have standing to bring an equal protection claim based on his status as a transsexual also fails, as Barnes is a member of a protected class – whether as a man or a woman. Barnes v. City of Cincinnati, 401 F.3d 729, 95 Fair Empl.Prac.Cas. (BNA) 994, 85 Empl. Prac. Dec. P 41,893, 66 Fed. R. Evid. Serv. 999, 2005 Fed.App. 0142P 6th Cir.(Ohio) Mar 22, 2005

OPINION OF DAVID W. McKEAGUE, District Judge.

… the Equal Protection Clause (EPC) “prohibits discrimination against public employees on the basis of an employee’s perceived sexual orientation, gender identity, transsexuality, or failure to conform to sex stereotypes.”

… this court held that the district court erred in granting a motion to dismiss by holding that transsexuals, as a class, are not entitled to Title VII protections…

The City’s argument that Barnes lacked standing because he was not a member of a protected class fails, as Barnes is a member of a protected class as defined in Title VII. Smith , 378 F.3d at 575. The City’s claim that Barnes did not have standing to bring an equal protection claim based on his status as a transsexual also fails, as Barnes is a member of a protected class – whether as a man or a woman.

Legal Recognition Is Still Challenged U.K. and the State of Florida still refuse to legally recognize transexuals. Many transexuals are legally denied: Jobs Housing Travel Families

U.K. and the State of Florida still refuse to legally recognize transexuals.

Many transexuals are legally denied:

Jobs

Housing

Travel

Families

Defining Technological Self-Determination The use of scientifically derived products and processes to alter the phenotype of an individual from that which is genetically associated with Homo Sapiens to something else.

The use of scientifically derived products and processes to alter the phenotype of an individual from that which is genetically associated with Homo Sapiens to something else.

Lesser Stages Of Technological Self-Determination Could Include: Neuro-Electronic Interfaces Bionic Eyes, Ears, Muscles or Glands Contact Lenses or Bone Replacement

Neuro-Electronic Interfaces

Bionic Eyes, Ears, Muscles or Glands

Contact Lenses or Bone Replacement

Ultimate Stages Of Technological Self-Determination Include: Downloading Your Mind Dispensing With Your Body Using Virtual Reality & Nanobot Swarms to Assume Any Phenotype

Downloading Your Mind

Dispensing With Your Body

Using Virtual Reality & Nanobot Swarms to Assume Any Phenotype

Transmetropolitan Described It In 1996

Bemes– A Way To Download Your Self Digital Samples Of: Mannerisms Personality Recollections Feelings Beliefs Attitudes Values

Digital Samples Of:

Mannerisms

Personality

Recollections

Feelings

Beliefs

Attitudes

Values

Transbeman People who trans cend b iological and e lectronic hu man boundaries.

People who trans cend b iological and e lectronic hu man boundaries.

Replacing DNA-Driven Birth…

…with BNA-Driven Birth BNA= B eme N eural A rchitecture

Socio-Legal Acceptance Is In Inverse Proportion to the Degree Of Genome Abandonment. Chart for demonstration purposes only. High Modest Low None

There is the Worst Form of Discrimination Against Total Technological Self-Determination Suppose you download your entire essence into software; you achieve Cyber-Consciousness. Suppose then your body gives out; accident, Alzheimer’s, whatever. No court, no country will give you ANY Human Rights.

Suppose you download your entire essence into software; you achieve Cyber-Consciousness.

Suppose then your body gives out; accident, Alzheimer’s, whatever.

No court, no country will give you ANY Human Rights.

Similar Challenges Faced By Technological Transexuals and Technological Self-Determiners Limited Access to Desired Transition Legal Acceptance Suppose Technological Self-Determiners Try What is Working (Somewhat) for Technological Transexuals

Limited Access to Desired Transition

Legal Acceptance

The Henry Benjamin International Gender Dysphoria Association International medical group organized by members of the healthcare community Established ‘best practices’ and ‘standards of care’ for facilitating technological transexualism If two psychiatrists agree, and you try it out first for a year, you can change your sex

International medical group organized by members of the healthcare community

Established ‘best practices’ and ‘standards of care’ for facilitating technological transexualism

If two psychiatrists agree, and you try it out first for a year, you can change your sex

The patient empowerment phrase is gender euphoria, which would map to geno euphoria – the ecstatic sense of freedom one has in transcending their genome. “ I’m a transbeman trapped in a human body.”

The patient empowerment phrase is gender euphoria, which would map to geno euphoria – the ecstatic sense of freedom one has in transcending their genome.

Examples of Geno Dysphoria Contact Lenses Face Lifts Mind Uploading Because our DNA does not make plastic, but does make myopia Because our DNA does not maintain facial structures Because our DNA does not support an Ex Vivo mind

Contact Lenses

Face Lifts

Mind Uploading

Because our DNA does not make plastic, but does make myopia

Because our DNA does not maintain facial structures

Because our DNA does not support an Ex Vivo mind

Benefits of Medicalizing Geno-Dysphoria Sex Change Addictions Gay Obese Technological Therapeutic Neurochem Imbalance DNA DNA Therapeutic Immoral Self-Destructive Immoral Weak Crazy Self- Determination Non- Medicalized Medicalized

Sex Change

Addictions

Gay

Obese

Technological

Therapeutic

Neurochem Imbalance

DNA

DNA

Therapeutic

Immoral

Self-Destructive

Immoral

Weak

Crazy

The World Health Organization (WHO) defines health as “a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.” Preamble to the Constitution of the World Health Organization as adopted by the International Health Conference, New York, 19 June - 22 July 1946; signed on 22 July 1946 by the representatives of 61 States (Official Records of the World Health Organization, no. 2, p. 100) and entered into force on 7 April 1948.

Technological self-determination is, by definition, a personal quest for complete physical, mental and social well-being.

Global public health trailblazer Jonathan Mann observed: “ The proposal that promoting and protecting human rights is inextricably linked to the challenge of promoting and protecting health derives in part from recognition that health and human rights are complementary approaches to the central problem of defining and advancing human well-being.”

Global public health trailblazer Jonathan Mann observed:

“ The proposal that promoting and protecting human rights is inextricably linked to the challenge of promoting and protecting health derives in part from recognition that health and human rights are complementary approaches to the central problem of defining and advancing human well-being.”

Medicalization Leads to Social Acceptance Psychology Community Must: Define geno dysphoria Adopt diagnostic standards Promote comfort with one’s techno-modified self as imperative to personal well-being (and therefore health) Live one year as Cyber-Conscious Two psychologists agree Cyber-Conscious Analog is equivalent to you Authorize Cyber-Conscious Analog to assume your legal identity upon bodily death

Psychology Community Must:

Define geno dysphoria

Adopt diagnostic standards

Promote comfort with one’s techno-modified self as imperative to personal well-being (and therefore health)

Live one year as Cyber-Conscious

Two psychologists agree Cyber-Conscious Analog is equivalent to you

Authorize Cyber-Conscious Analog to assume your legal identity upon bodily death

Alternatives to Medicalization Expand Understanding of Diversity To Go Beyond Substrate Expand Understanding of Solidarity To Go Beyond “Medically Necessary” Procedures

Expand Understanding of Diversity To Go Beyond Substrate

Expand Understanding of Solidarity To Go Beyond “Medically Necessary” Procedures

Y Y Y N N Y N N Suffer Suffer Suffer Within Healthcare Plan? Medical Condition? Within Solidarity? Within Diversity? Society Pays for Transition Techno- Self-Determiner

CONCLUSIONS Both Transexuals & Transbemans Need to Go Beyond Their DNA Psychologists Can Serve As Protectors & Gatekeepers for the Necessary Procedures and Legal Identities Society Should Pay for the Necessary Procedures Because Human Rights & Human Health are Social Contract Obligations

Both Transexuals & Transbemans Need to Go Beyond Their DNA

Psychologists Can Serve As Protectors & Gatekeepers for the Necessary Procedures and Legal Identities

Society Should Pay for the Necessary Procedures Because Human Rights & Human Health are Social Contract Obligations