3. Marriage: Determining Gender Determines Sexuality
Genital reconstruction surgery may inhibit or completely interfere with a child's fundamental right to marry. In the United States, there are currently no states in which it is legal to marry someone of the same sex.
192 In 1993, several gay couples challenged the prohibition against same-sex marriages under the Hawaii Constitution.
193 The Hawaii Supreme Court ruled in favor of the plaintiffs and allowed the first gay couples to marry legally.
194 In reaction to the ruling, the Hawaii state legislature immediately amended their own constitution to prohibit same-sex marriages.
195 The federal government reacted to the first gay marriages by passing the Defense of Marriage Act, which allows states to refuse to recognize same-sex marriages that are legally valid in another state.
196 Given that 3% of the world population does not fit into a clearly defined sex and still engage in marriage and child birth, it would be wise to re-think this prohibition.