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Religious Attitudes Toward

Gender-Confirming Surgery
22
Leonard A. Sharzer, David A. Jones,
Mehrdad Alipour, and Kelsey Jacob Pacha

 rotestant and Other Christian


P This section explores the sources mainline
Responses to Gender Transition Protestant denominations use to affirm people
who undergo gender confirmation surgery, exam-
Kelsey Jacob Pacha ines three theological problems for Protestant
Christians who condemn gender confirmation
Protestant Christianity encompasses over 10,000 surgery, briefly discusses other Christian tradi-
denominations, from the socially progressive tions (i.e., Jehovah’s Witnesses and Mormons),
United Church of Christ to the conservative considers possible impacts of these theologies on
Southern Baptist Convention. Approximately half patients and their families, and, finally, offers rec-
of all Americans identify as Protestant; however, ommendations for medical professionals. It is
there is no single typical Protestant response to important to note that where statements on gen-
surgical gender transition.1, 2 Protestant Christians der confirmation surgery have been issued by
tend to rely on the Bible and their individual Protestant groups, they are almost exclusively
relationships with God to inform their ethical
­ focused on genital surgery, with little mention of
­perspectives. Theological stances ostensibly per- non-genital procedures (chest reconstruction, tra-
taining to transgender and gender-diverse people cheal shaves, etc.)
vary from extremely condemnatory to extremely
celebratory.
 ainline Protestants and Resources
M
Jones and Cox [1, pp. 10–11].
1  for Affirmation
Pew Research Center [2, p. 3].
2 

Almost every mainline Protestant denomination


L. A. Sharzer (*)
Finkelstein Institute for Religious and Social Studies, (including the Episcopal, Lutheran, Methodist,
The Jewish Theological Seminary, and Presbyterian churches) affirms and accepts
New York, NY, USA transgender and gender-diverse people and their
e-mail: lesharzer@jtsa.edu
right to participate in the life of their faith com-
D. A. Jones munity after undergoing gender confirmation
St. Mary’s University, Twickenham, UK
surgery.3 These churches draw on a number of
M. Alipour sources within their traditions to support surgical
Institute of Arab and Islamic Studies, Exeter, UK
transition, including Biblical and historical
K. J. Pacha gender-­transgressive figures in Christianity, the-
Master of Divinity and Master of Arts in Religion
and Psychology, Pacific School of Religion,
Berkeley, CA, USA Markham and Wolf [4].
3 

© Springer Nature Switzerland AG 2020 225


L. S. Schechter (ed.), Gender Confirmation Surgery, https://doi.org/10.1007/978-3-030-29093-1_22
226 L. A. Sharzer et al.

ologies that see creation as an ongoing process, selves eunuchs for the kingdom of heaven.”
and by privileging an individual’s personal rela- Virginia Ramey Mollenkott contends that Jesus
tionship with God over doctrine. is lauding the unique gifts of gender-transgres-
Biblical and historical figures. Many trans- sive people. She believes the first group includes
gender Christians and theologians point to gen- intersex people, the second group includes “post-
der non-conforming figures of scripture and operative transsexuals,” and the third group
church history as so-called “trans-cestors,” or includes “not only pre-operative and non-opera-
gender-transgressive ancestors. These can tive transsexuals but all other transgenderists
include people who defied gender norms of their [i.e., non-binary individuals, cross-dressers, drag
era as well as eunuchs. Strong women like performers, etc.].”7
Deborah and Queen Esther are considered gender Finally, Christian history boasts many gender-­
non-conforming as they took on roles tradition- transgressive figures considered paragons of
ally reserved for men, like being a judge or mili- faith, the most prominent being Saint Joan of
tary leader. Some point to more subtle figures, Arc. There are several medieval legends of the
such as the man carrying water that Jesus tells his so-called “transgender saints,” such as St.
disciples to follow to the Upper Room for the Pelagia/Pelagius or St. Wilgefortis, assigned
Last Supper (Mark 14:13, Luke 22:104). At the female at birth, who prayed to become male so
time, water carrying was a task only done by they could devote their lives to God in monaster-
women, a reality affirmed by the many Gospel ies and avoid marriage. Even effeminate Pope
stories where Jesus interacts with women near Paul II is considered a gender transgressor.8
wells.5 Some scholars indicate that even Paul ref- Creation as an ongoing process. Some
erenced the wisdom of a gender non-conforming Protestant Christians believe “God is still speak-
poet, Epimenides, in the book of Titus, calling ing,” and that God’s revelation did not just hap-
him a “prophet…whose witness is true.”6 pen in the past but happens in the present as well.
Eunuchs, castrated male consorts of the They reject the notion that God intended only one
ancient Near East, play an incredibly important kind of gender or sexual expression for humanity
role in both the Hebrew Bible and New Testament. and see the flourishing of different gender identi-
Eunuchs are considered a third gender, occupy- ties and even advancements in surgical transition
ing neither male nor female space. Although the as God’s way of revealing something new about
Holiness Code of Deuteronomy prohibits men God. Transmale pastor and scholar Justin Tanis
“whose testicles have been cut or crushed” from writes, “Through trans and intersexed bodies,
entering assemblies of worship (Deut 23:1), the God reveals Godself to be a Creator who loves
prophet Isaiah makes it clear that eunuchs who diversity and variation, a Creator who improvises
love God will be welcomed in the kingdom and varies the melodies that call each person into
despite the law’s exclusion of them (Is 56:3–8). being.”9 God’s intention for humanity did not
Significantly, the first Christian convert in Acts 8 stop with the creation stories of Genesis 1 and 2,
was an Ethiopian eunuch, marginalized by both but continues through each individual’s journey.
race and gender. Some transgender and gender-diverse people
Jesus himself promises hope to eunuchs in see suppressing their gender identity (or gender
Matthew 19:12, saying “For there are eunuchs creativity, as the case may be) as rejecting God’s
who have been so from birth, and there are intention for their life, and thus pursuing medical
eunuchs who have been made eunuchs by others, interventions that allow them to feel comfortable
and there are eunuchs who have made them- and authentic is the most ethical way for them to
proceed. Transwoman Sheryl Stewart com-
All Bible passages are from the New Revised Standard
4 

Version (NRSV) translation. 7 


Mollenkott [7, p. 136].
5 
Payne [5, p. 89]. 8 
Mollenkott [7, p. 130–31].
6 
Mollenkott and Sheridan [6, p. 149]. Tanis [8, p. 166].
9 
22  Religious Attitudes Toward Gender-Confirming Surgery 227

mented, “Pretending to be a man, in obedience to a non-heteronormative and ­non-­procreative use


my body, was a temptation to deny the creative of one’s sexuality. Each of these ideas will be
act of God in making my spirit female. Of course, discussed, along with its context.
SRS [sic] is not as simple as “cutting something
off and throwing it away.” This is not simply a (1) Gender confirmation surgery threatens God’s
subtractive procedure but involves creation as sovereignty by challenging notions of a natu-
well.”10 ral and divinely ordained gender binary.
Justification by faith and an individual Some Christians oppose gender confirma-
relationship with God. Many transgender and tion surgery as an affront to God’s power
gender-­diverse Christians and affirming denomi- and purpose for the human race. The Council
nations rely on the Protestant idea of “justi- on Biblical Manhood and Womanhood
fication by faith” to substantiate acceptance (CBMW), a group of evangelical leaders and
of TGNC people. Justification by faith privi- scholars, claims when transgender people
leges an individual’s acceptance of Christ over alter their body surgically, they are “denying
any outward works or recognition by a church God his rightful place as sovereign creator…
designed to prove one is going to heaven. Many establish[ing] themselves as autonomous
people feel their gender journeys are divinely lords.”14 People who undergo gender confir-
ordained by God. Responding to the call to mation surgery are seen as resisting God’s
transform one’s gender has been described by intention in creation and desecrating the
some TGNC Christians as a vocation, similar body God gave them.
to a call to ministry,11 and as an act of faith.12
Ashley Moore, a transfemale Christian minister These convictions rest on a theology that
and founder of the world’s first all-transgender interprets the creation stories of Genesis 1 and 2
gospel choir, has said: “[Transgender] persons as establishing two dimorphic sexes, comple-
seem to be an acutely spiritual people. Perhaps mentary in their gender roles, for the purpose of
this is because once you reach the point of say- procreation in the context of a lifelong, hetero-
ing that who you are transcends your physical sexual partnership. This intention constitutes not
form, then you are immediately aware of your- just a physical destiny, but also a spiritual destiny,
self as a spiritual being.”13 vital to the propagation of the human race.
Several conservative Christian groups, including
medical associations, have issued statements
Non-affirming Perspectives: Three claiming that biological sex and gender identity
Theological Problems are the same thing according to God.15,16
Biblical texts like 1 Timothy 2 reinforce the
From a non-affirming Protestant perspective, idea of complementarity between men and
there are (broadly) three theological problems women, with men as the head of the household
related to gender affirmation surgery. These are as and women as gently submitting to their hus-
follows: (1) Gender confirmation surgery threat- bands’ authority. For traditions that reject “trans-
ens God’s sovereignty by challenging notions of gender self-conceptions” as contrary to God’s
a natural and divinely ordained gender binary. (2) will for humanity, a pressing concern seems to be
It invokes controversies about the relationship
between the body and the soul. (3) It encourages Kline and Schrock [11].
14 

The Council on Biblical Manhood and Womanhood [12]


15 

“Nashville Statement: A Coalition for Biblical Sexuality”


10 
Stewart [9, p. 86]. (The Council on Biblical Manhood and Womanhood,
Tanis, Trans-Gendered: Theology, Ministry, and
11 
August 29, 2017), sec. 5, https://cbmw.org/nashville-
Communities of Faith, 147. statement/.
12 
Mollenkott and Sheridan, Transgender Journeys, 123. Christian Medical and Dental Associations House of
16 
13 
Moore [10, p. 110]. Representatives [13].
228 L. A. Sharzer et al.

the ways in which a trans identity problematizes the “divinely ordained purpose of sex.”18
these notions of a divinely ordered masculinity This criticism conflates gender identity and
and femininity. The CBMW warns that blurring sexuality by claiming one’s sex assigned at
lines between distinct gender roles will “lead to birth is still the “real” sex post-surgery. These
increasingly destructive consequences in our Christians believe gender confirmation sur-
families, our churches, and the culture at large.”17 gery facilitates and encourages “same sex”
sexual contact.
(2) Gender confirmation surgery invokes contro-
versies about the relationship between the
body and the soul. Christianity has wrestled Other Christian Traditions
with the question of the relationship between
the mind, body, and soul in various ways Other Christian traditions outside of mainline
throughout its history. Early church leaders Protestantism, including Christian Scientists,
struggled with a significant controversy over Jehovah’s Witnesses, Mormons (The Church of
whether new Christian converts should be Jesus Christ of Latter-Day Saints), and Seventh-­Day
circumcised and keep Jewish dietary laws, as Adventists have issued statements on gender confir-
most of the church leaders were formerly mation surgery, which will be briefly summarized.
Jewish. Early church leaders encouraged Christian Scientists: Christian Scientists rely
people to remain celibate, to fast, and to denyon prayer and faith healing rather than traditional
their bodies in order to keep their spiritual medical intervention to resolve physical ailments.
connections pure and prepare appropriately One of the central tenets of Christian Science is
for the second coming of Christ. Controversies the idea that humans are not material; they are
over how God was present in the humanity of only spiritual. Although the church has not issued
Jesus also caused serious conflict in the earlyan official statement on transgender people, it has
church. published both affirming and condemnatory arti-
cles on trans people in the Christian Science
Disagreements about the relationship between Monitor and Christian Science Sentinel.
the mind, body, and spirit are ultimately about Jehovah’s Witnesses: Jehovah’s Witnesses will
how individuals understand the sources of their not baptize someone who has had gender confir-
self-knowledge and distinguish between what is mation surgery unless that person lives as the sex
“real” and what is “not real.” Trans and gender-­ they were assigned at birth. Equating biological
diverse people engage this tension directly by sex with gender identity, they advise: “Mutilating
recognizing that their minds and/or spirits are not the sex organs, such as having the male organ sur-
congruent with their bodies. For this reason, the gically removed and an artificial female organ
moral evaluation of changing one’s body to fit created, does not change the facts or make the
one’s mind (and/or soul) is fraught with intense person into the opposite sex.”19
division among Protestant Christians, who dis- LDS Church (Mormon): Mormons believe
agree about the legitimacy of claims about one’s “Gender is an essential and eternal [emphasis
“true” gender. mine] characteristic of individual…identity
and purpose.”20 People who are considering
(3) Gender confirmation surgery encourages a
non-heteronormative and non-procreative
use of one’s sexuality. Some Christians are 18 Christian Medical and Dental Associations House of
opposed to gender confirmation surgery on Representatives, “Transgender Identification Ethics
Statement,” 1.
the grounds that it encourages sexual activity 19 
“Correspondence Guidelines” [15, p. 98].
that is non-procreative and thus opposed to 20 The First Presidency and Council of the Twelve Apostles
of the Church of Jesus Christ of Latter-Day Saints of The
Council on Biblical Manhood and Womanhood [14].
17 
Church of Jesus Christ of Latter-day Saints [16].
22  Religious Attitudes Toward Gender-Confirming Surgery 229

“an elective transsexual operation” cannot be be pursuing surgery in defiance of their families’
baptized, but people who have already under- or other caregivers’ religious beliefs, which may
gone gender confirmation surgery may be become obvious during preparation for a
approved for baptism, pending the permission procedure.
of the governing body of the LDS church. Up until the day of the procedure, some
They may also not receive the priesthood (to patients may have a mix of feelings toward the
do ministry and teaching) and cannot receive a impending changes—an urgency to transform
temple recommend (and thus cannot partici- their body along with fear, guilt, or shame as a
pate in any ceremonies in the church). They result of their childhood religious beliefs. Sheryl
may also face formal church discipline.21 Stewart describes a prayer she said prior to her
There is still confusion on the part of the own surgery: “God, I might be wrong about who
church on whether transgender children can be and what I am, but I HAVE to go there. Please
welcomed. Dallin Oaks, an apostle of the walk with me and make me the best woman I can
church, admitted they hadn’t worked out all of be, the one you wanted to create when you called
the details of their trans policies. However, me into life.”24
some LDS families and communities indeed Some patients may feel they are choosing sur-
affirm their transgender and gender-diverse gery over their families, faith communities, and
brethren who undergo surgery.22 belief systems that condemn transition-related
Seventh-Day Adventists: The SDA church surgery. One transman articulated the intensity of
“cautions” transgender people against gender this struggle between faith and identity congru-
confirmation surgery on the grounds that “from a ence as follows: “What is the bigger crime? To
Biblical perspective,” the body and soul are one alter my existence with suicide or my body in the
and that any incongruence between one’s biolog- pursuit of contentment? Both are sins against
ical sex and gender identity is due to sin.23 God and humanity, they tell me. If both are
Transgender people who undergo surgery and wrong, which is the bigger evil?...For me, mascu-
have sexual relationships with others of the same linizing hormones and sexual reassignment sur-
sex assigned at birth may not be members of the gery (SRS) was the only option if I did not want
church and are expected to remain celibate and to die.”25
living as their gender assigned at birth. It is important to attend to cultural factors that
overlap with theology and church membership,
especially among people of color-led churches
Impacts on Patients and Families where stark gender roles and involvement in faith
communities have historically insulated these
There are a wide range of ways patients impacted communities from white supremacy. Several
by Protestant Christianity may bring their former studies suggest that non-white trans and gender-­
or current beliefs into the medical transitioning diverse people negotiate their identities differ-
process. Some patients may want a faith leader, ently than white transgender and gender-diverse
healer, or other practitioner to be present before people, often delaying or foregoing coming out
or after surgery to pray or ritualize the event. to family and friends, staying in non-affirming
Others may harbor ambivalence about altering faith communities, and upholding more tradi-
their bodies to be congruent with their deeply tional gender roles.26
held gender identity, whether they are currently Other patients may have ample support from
part of a faith community or not. Still others may their religious families, spiritual leaders, and
faith communities. Some traditions even have
The Church of Jesus Christ of Latter-Day Saints [17,
21 

p. 8]. Stewart, “My Story,” 86.


24 

Allen [18].
22 
McDaniel [20, p. 21].
25 

23 
Seventh-Day Adventist World Church [19]. CJBH Bauchman [22], McQueeney [23], Pitt [24].
26 
230 L. A. Sharzer et al.

prayers and rituals prepared to support individu-  eo-Pagan, New Age, and Eclectic
N
als as they pursue gender confirmation surgery. Spirituality: A Rising Trend
The book Transgendering Faith offers several
such resources, including the following prayer: A rising number of transgender and gender-­
diverse people are involved in spiritual communi-
God, these are instruments of your creativity— ties outside of the Judeo-Christian paradigm,
hormone injections, electrolysis, surgery, including earth-based, neo-Pagan, wiccan, and
new clothes and new names— new age communities. Although there has not
We dedicate them to your blessing. been a nationally representative study of trans-
gender people’s religious affiliations, preliminary
God, these are channels of your grace— evidence suggests LGB and transgender and
Dear friends, therapists, doctors, gender-­diverse people are more likely to be wic-
Family members—honest with hope or doubt— can/pagan28 and twice as likely as the general
And a community of open-hearted love…27 population to identify with a non-Judeo Christian
tradition.29 Reclaiming such traditions may be
related to the high rate of faith-based rejection
Recommendations for Surgeons TGNC people experience.30 Many transgender
and gender-diverse people may not belong to a
1. Take time to listen and discern how a patient’s faith community but regularly see an energy
or family’s spiritual beliefs may impact their healer (such as a reiki master), psychic, astrolo-
preparation for, approach to, and recovery ger, or herbalist to care for their mind-body con-
from surgery. For many transgender and nection and inform their transition-related
gender-­diverse people, entrusting their bodies decisions. Others may reclaim an indigenous tra-
to strangers feels very vulnerable and scary, dition or engage in ancestor worship or other
particularly when they have had negative expe- invocations.
riences with physicians previously. Many trans Some transgender and gender-diverse people
people experience the manipulation and evalu- may choose to use herbs, supplements, and/or
ation of their bodies as quite traumatic. It is nutrition to manage their transition (i.e., by
vital to make an effort to honor a patient’s attempting to raise their natural hormone levels).31
wishes related to creating safety and protection It is important to know what kinds of herbs and
using the spiritual resources available to them. supplements a patient might be using and how
2. Take seriously the ways in which a non-­ this may impact their ability to prepare for and

affirming family or faith community may neg- heal from surgery. Some patients may want to
atively affect a patient’s healing process. ritualize their procedure, take a protective herb
Remind patients and families that faith com- packet or crystal in with them to surgery, or
munities that welcome and celebrate trans- receive energy work before or after the proce-
gender and gender-diverse people who have dure. Some may even want to schedule their sur-
had surgery exist. gery according to auspicious dates according to
3. Have referrals available to trans-competent their astrological chart. Regardless of how famil-

and trans-affirming clinicians, faith leaders, iar a physician may be with such practices,
and other helping professionals who have respect for their choices within the context of
experience with religious and spiritual issues. optimizing health should be a priority.
Ensure each referral is trans-competent and
trans-affirming, and be wary of religious 28 Herek et al. [26, p. 189].
counselors that may practice conversion 29 Pew Research Center [27, p. 91].
therapy. James et al. [28].
30 

Examples of herbal protocols for TGNC people include:


31 

Tirabassi [25, p. 118].


27 
Dori Midnight [29], Sigler [30].
22  Religious Attitudes Toward Gender-Confirming Surgery 231

 atholic Positions Regarding


C degree of overlap between Christian attitudes to
Gender-Confirming Surgery homosexuality and attitudes to gender dysphoria.
Mainline Protestant churches which have
David A. Jones accepted same-sex marriage and openly homo-
sexual clergy will typically seek also to affirm
people who identify as having a gender identity
A Diversity of Christian Views incongruent with their sex assigned at birth. For
the same reason, members of these churches will
Christian views of gender-confirming surgery tend to look favorably on GCS where this is
(GCS) vary. This is for at least three reasons: In the desired by the person as affirming his, her, or
first place, there are differences in approach their experienced gender identity. It is also the
between different Christian denominations. A case that Mainline Protestant Christianity has not
broad and useful division, especially for developed a strong independent tradition of med-
Christianity in the United States, is between ical ethics.
Evangelical Protestants (approximately 25% of At an official level, Evangelical and Catholic
the population), Mainline Protestants (approxi- churches are opposed to same-sex marriage on
mately 15%), and Catholics (approximately 20%). Biblical or doctrinal grounds. For similar rea-
In a healthcare context, the beliefs and practices of sons, then, Evangelical and Catholic Christians
the Catholic Church have an added practical and will tend to have concerns that transitioning to
political importance because of its role as a health- another gender role is a failure to accept “the
care provider: one in six patients in the United God-given personhood that is manifest through
States is cared for in a Catholic hospital. one’s sexuality.”32 For example, a recent position
There are characteristic differences between statement by Evangelical Christians denies that
these three groups not only in the conclusions they “adopting a homosexual or transgender self-­
come to on moral or social issues, but also in how conception is consistent with God’s holy
they come to these conclusions – what they take as purposes”33 and states that it is “sinful to approve
sources of authority, and how they use these sources, of homosexual immorality or transgenderism.”34
and in how decisions are made within the churches. As stated above, individual members of a
In the second place, within any religious group church will not always accept the official teach-
or organization there will be differences between the ing and, where an Evangelical or a Catholic
agreed, official or scholarly view and the view of Christian supports same-sex marriage then he or
individual members of the group. This is evident, for she is also likely to support gender transition and
example, on a question such as termination of preg- gender confirmation surgery.
nancy where individual opinions can vary widely.
In the third place, there will be different
schools of thought among respected scholars and Catholic Moral Theology
among church leaders. This is typical of any and the Ethics of Sterilization
intellectual tradition. Some questions may be
straightforward, at least from an official perspec- Quite apart from the analogy with homosexual-
tive, but there will always be questions that are ity, a further challenge to GCS from a Catholic
less clear or questions on which there is no con-
sensus or authoritative ruling.
Stephens [31, p. 32].
32 

Council on Biblical Manhood and Womanhood


33 

(CBMW) “Nashville Statement on Biblical Sexuality”


Gender Identity and Homosexuality (August 29, 2017) Article 7. https://cbmw.org/
nashville-statement/.
Though a person’s sense of gender identity is dis- CBMW “Nashville Statement” Article 10. See also Daly
34 

tinct from his or her sexual orientation, there is a [33], drawing on O’Donovan [34].
232 L. A. Sharzer et al.

perspective relates to the destruction of biologi- simply renders sexual intercourse infertile. In the
cal function. There is a long tradition of Catholic words of Pope Pius XI, writing in 1930, direct
reflection on the ethics of medicine and surgery, sterilization is not morally permissible because
predating by many centuries the recent rise of people “are not free to destroy or mutilate their
biomedical ethics. The Catholic understanding of members, or in any other way render themselves
medicine and surgery sees these practices as unfit for their natural functions.”38
“restoring the anatomical functional integrity of In the United States, the most significant
the body of the human person and, through this, teaching document of the Conference of Catholic
his psyche or mind.”35 On this view, surgery that Bishops on matters of medical ethics is the
involves destruction or compromise of the ana- Ethical and Religious Directives for Catholic
tomical functional integrity of some part of the Health Care Services, now in its sixth edition.
body, for example, the amputation of a limb, is The purpose of this document is “to provide
justified only where this is for the sake of the authoritative guidance on certain moral issues
functioning of the body as a whole. This princi- that face Catholic health care today.”39 Directive
ple, sometimes called “the principle of totality”36 53 expresses the traditional Catholic prohibition
is difficult to reconcile to forms of surgery that on direct sterilization: Direct sterilization of
cause immediate harm to biological function for either men or women, whether permanent or tem-
the sake of psychosocial or other indirect porary, is not permitted in a Catholic healthcare
benefits. institution. Procedures that induce sterility are
The principle of totality is affirmed, though permitted when their direct effect is the cure or
not using the same language, within the alleviation of a present and serious pathology and
Evangelical tradition. On a similar basis, the a simpler treatment is not available.40
Christian Medical and Dental Associations, the
largest organizations representing Evangelical
healthcare professionals, state that “Christian Official Catholic Teaching
physicians should not engage in hormonal and
surgical interventions that alter natural sex phe- Whereas Evangelical Christians turn first to the
notypes, as this contradicts the basic principles of Bible to address moral or theological problems,
Christian medical ethics, which regards medical and mainline Protestants seek to learn from the
treatment as intended to heal and not to harm.”37 experience of Christians engaging with the pre-
Within the Catholic tradition, perhaps the vailing culture, the Catholic Church gives a cen-
most commonly cited form of surgery to be tral place to tradition and to the authority of
rejected on the basis of the principle of totality is popes and of bishops in communion with the
“direct sterilization,” that is, sterilization for the pope. It is therefore significant, from a Catholic
purpose of birth control. Direct sterilization perspective, that the topic of GCS has never been
serves a social or personal end rather than a medi- addressed directly by any pope nor by any teach-
cal one. Even if pregnancy would cause medical ing document authorized by the pope. It has not
problems, sterilization does not immediately or been addressed in any public teaching document
directly address the problems of pregnancy but from the Congregation of the Doctrine of the
Faith (the doctrinal watchdog of the Catholic
35 
Eijk [35, p. 209]. Church), nor is it covered in the extensive ethical
36 
Kelly [36]; Pope Pius XII, “Address to the First section of the Catechism of the Catholic Church.
International Congress on the Histopathology of the This absence of teaching is remarkable given the
Nervous System” (September 14, 1952).
37 
Christian Medical and Dental Associations,
“Transgender Identification Ethics Statement” (April 21, Pope Pius XI, Casti Connubii (December 31, 1930), 71.
38 

2016), Recommendations for Christian Healthcare USCCB (United States Conference of Catholic Bishops)
39 

Professionals, No. 3. https://www.cmda.org/resources/ [37, p. 3].


publication/transgender-identification-ethics-statement. USCCB, Ethical and Religious Directives, Directive 53.
40 
22  Religious Attitudes Toward Gender-Confirming Surgery 233

great interest in medical ethics shown by at least (DSDs also known as “intersex” conditions) and
two twentieth-century popes: Pope Pius XII seeks to justify surgery on that basis. On the other
(1939–1958) and Pope John Paul II (1978–2005). hand, other Catholic theologians have argued
The United States Catholic Bishops’ Ethical and that, even were the gender incongruence biologi-
Religious Directives makes no explicit mention cal in origin, surgery would not be permissible.
of GCS though its prohibition of sterilization The aim of surgery in cases of DSD is or ought to
mentioned above has been cited by Catholic hos- be “to restore as much normal function of one
pitals in legal cases to defend the non-provision gender as possible”42 and any destruction of bio-
of GCS.  The appeal to this directive is doubly logical function would still require justification.
problematic. Even in the case of procedures (such Inasmuch as there is an analogy with DSDs, peo-
as genital reconstruction or hysterectomy) which ple are becoming more aware of the harm that has
do cause sterility, it is far from clear that they are been done in the past by drastic and unnecessary
“direct sterilization” in the sense of sterilization surgery performed on children to conform them
intended as a form of birth control. Furthermore, to social expectations of gender.
the Directive has no application to procedures Since the early 1990s, some Catholic theolo-
(such as mammoplasty or chondrolaryngoplasty) gians have argued that GCS could be therapeutic,
which may be undertaken as part of surgical tran- in principle, if it were “an effective means of
sition but which have no effect on fertility. freeing the patient from an intolerable psycho-
logical conflict and obtaining peace of mind.”43
However, given the immediate functional harm
Medical and Theological Discussion done by the operation, they have required robust
evidence of long-term benefit and most theolo-
In the absence of clear official teaching, Catholic gians remain unconvinced that this has been
doctrine on medical ethics is shaped by theolo- demonstrated. In their reading of the evidence,
gians and by Catholic clinicians. There has been Catholic theologians have been influenced
discussion of the ethics of GCS by Catholic strongly by Catholic clinicians, not least by the
moral theologians since the 1950s and increas- work and continued writing of Paul McHugh.44
ingly in the last decade or so when the topic has The predominant attitude of Catholic theolo-
become more prominent. The predominant view gians, Catholic healthcare professionals, and
among theologians has been that GCS involves Catholic hospitals is thus extreme reluctance to
mutilation, because it involves destruction of bio- permit GCS and especially so where the surgery
logical function to address a problem that is psy- would compromise sexual or reproductive
chosocial in origin. On the other hand, a few function.45
theologians have suggested that gender dyspho-
ria might be biological in origin, and in this case
surgery could be understood as legitimate: “if the J ewish Teaching Regarding Gender-­
biological interpretation of transsexuality is cor- Confirming Surgery
rect to any considerable degree, then… [in the
case of a FTM transsexual] we could say that Leonard A. Sharzer
God created a male and that a sex change opera-
tion would be corrective and be similar to other
operations which seek to compensate for, or Tonti-Filippini [21, p. 93].
42 

overcome, a difficulty that is genetic or Urbano Navarrete [40, p. 106].


43 

embryological in origin.”41 This interpretation


­ McHugh [41], McHugh [42], Mayer and McHugh [43].
44 

understands gender dysphoria on the analogy of For more details see David Albert Jones “Gender
45 

Reassignment Surgery: A Catholic Bioethical Analysis”


physiological divergences of sexual development Theological Studies, forthcoming. See also example
Brody et al. [39], Ashley et al. [32, p. 110], Guevin [44],
Moraczewski [38, p. 5].
41 
Eijk et al. [45], Brugger [46], McQueen [47].
234 L. A. Sharzer et al.

Introduction confirmation surgery (GCS) and the reasoning


underlying them. Before doing so, however, it
Jewish discourse on bioethical issues draws from will be helpful to look briefly at the Jewish atti-
Judaism’s legal tradition (halakhah) as well as its tude toward gender itself.
narrative tradition (aggadah).46 It is a normative
tradition which speaks the language of obligation
rather than the language of rights. Its goal is to Sex and Gender in Jewish Thought
determine whether a particular activity is forbid-
den, permissible, or obligatory. The reasoning is In assigning gender, especially in the case of
casuistic and text based relying on precedents transgender and gender-diverse individuals,
beginning with the Bible, specifically the Judaism faces several challenges. The first is that
Pentateuch, and including rabbinic texts such as although halakhah is binary in terms of gender,
the Talmud,47 medieval codes of Jewish law,48 people are not. The Rabbis50 understood this.
and responsa literature.49 They recognized several types of people who did
It is important to understand that Jewish opin- not fit the male/female binary. The two most
ion on questions of law is not monolithic. There often mentioned are the tumtum and the androgy-
is no single authoritative voice analogous to a nos, both persons of unknown or indeterminate
pope or church council. Rather, individual rabbis gender. 51 Though none of the people mentioned
render opinions/decisions based on textual and by the Rabbis are what we would think of today
precedential authority. Rabbis, typically relying as transgender, it is notable that the Rabbis recog-
on the same texts and precedents, may come to nized that there were people who did not fit the
different conclusions which may be nuanced in halakhic gender binary. Second, Judaism is an
their disagreement or may be diametrically oppo- embodied religion. Even for religious streams
site. As might be expected, there are differences within Judaism that tend to be egalitarian with
between religious movements within Judaism respect to gender, there are differences in Jewish
(Orthodox, Conservative, Reform, and law related to anatomic differences between men
Reconstructionist), but even within the various and women, such as laws regarding circumcision
streams of Jewish thought, there is not necessar- and laws of menstrual separation.52
ily uniformity. I will endeavor in this section to Historically, Judaism like other religions and
outline the range of opinions that relate to gender cultures assigned gender on the basis of genital
anatomy. With increased knowledge of genetic
46 
For a discussion of these traditions see Jakobovits [48, and hormonal influences, understanding of gen-
49]; Leonard Sharzer, Aggadah and Midrash: A New
Direction for Bioethics?, in Jewish Lights, William Cutter, The term Rabbis with an upper case R refers to rabbis of
50 

Ed., Woodstock, VT, 2010 Midrash and Medicine,, Joel the Talmudic era.
Roth, The Halakhic Process: A Systemic Analysis, JTS We can only speculate as to the conditions they were
51 
Press, New York, 1986; Dorff [50], Mackler [51], Crane referring to by these terms. Androgynos, described as a
[52]. person whose body neither typically male nor typically
The Talmud is comprised of the Mishnah, a code of
47 
female but had anatomic features of both, was likely what
Jewish Law compiled by Rabbi Judah the Prince around we would today refer to as an intersex person with ambig-
the year 200 C.E., and the Gemara, a record of rabbinic uous genitalia. Tumtum described a person who is either
discussion and elaboration of the laws found in the male or female but whose gender is unknown because the
Mishnah over the next three centuries. organs are hidden by some type of membrane or cover,
48 
Most notably the Mishneh Torah compiled by Moses which once removed will reveal the true gender.
Maimonides, a rabbi and physician, between 1170 and For a more complete discussion of this subject see
52 

1180, and the Shulhan Arukh compiled by Rabbi Josef Barmash, P, Women and Mitzvot, Responsa of the
Karo in 1563. Committee on Jewish Law and Standards of the
A genre of literature comprised of the answers to spe-
49 
Conservative Movement, Y.D. 246:6, 2014 accessed
cific questions of Jewish law by respected rabbinic author- 11/28/2017 at http://www.rabbinicalassembly.org/sites/
ities known as poskim, a practice extending from the early default/files/public/halakhah/teshuvot/2011-2020/wome-
Middle Ages to the present day. nandhiyyuvfinal.pdf.
22  Religious Attitudes Toward Gender-Confirming Surgery 235

der identity, and greater understanding of DSDs missible) is whether someone who has undergone
(disorders/differences of sexual development), it GCS is to be considered as having changed gen-
has become clear that none of these dimensions is der with respect to religious norms that are differ-
strictly binary, nor is there necessarily any corre- ent for men and women.
lation between them. In the more liberal streams In the pre-modern era, rabbis posed the fol-
of Jewish thought there has in recent years been a lowing question: What are the consequences
willingness to assign or accept gender on the when a man or a woman becomes the opposite
basis of gender identity. Yet there remains a pre- sex in all ways and in every particular? 56 They do
dilection, particularly in the more traditional not say how this change occurs or why, but it
streams even if they accept the notion of gender obviously has nothing to do with GCS or what
identity, to rely on genital anatomy as the pri- we would today consider issues of gender iden-
mary determinant of gender. Rabbi Mayer tity. Their main concern appears to relate to the
Rabinowitz in 2003 wrote that a person whose issue of marriage, specifically whether a mar-
gender identity differed from that assigned at riage entered into prior to the change is still valid
birth could be accepted as the other gender, pro- and whether a get (a Jewish writ of divorce) is
vided that genital anatomy was surgically altered necessary to dissolve the marriage. Although
to conform to the new gender.53 This is analogous there are a variety of different opinions on that
to a ruling by Rabbi Eliezer Yehudah Waldenberg question which are not particularly relevant to the
in the case of a genetic male infant born with current discussion, nevertheless, these discus-
ambiguous genitalia that his genitalia should be sions are often cited as a precedent by those who
altered to appear female and he should be reared argue that gender is not, in fact, immutable.
as a girl.54 Arguing against Rabbi Waldenberg, In the modern era, most Jewish discourse on
Doctor Fred Rosner and Rabbi Moshe Tendler transgender issues addresses the following ques-
wrote that genetic testing was absolutely deter- tion: “What is the halakhic status of a person who
minative and “a genetically male infant must not has undergone GCS?”57 Again the answers vary.
be surgically modified to permit rearing him as a Some poskim (halakhic decisors) say that the sur-
female.”55 Despite the differences of opinion gery does effect a change in gender for halakhic
regarding preferences for anatomic or genetic purposes and is actually required for that indi-
markers of gender, there has been a reluctance, vidual to be accepted as the new gender. Other
particularly in the more traditional streams of authorities say that the surgery has no effect and
Judaism, to accept gender identity as a valid that gender is permanent and immutable. Not sur-
marker of gender. prisingly, the majority of those holding the for-
All of the above is a backdrop to Jewish bio- mer view come from the more liberal streams of
ethical and legal discourse regarding GCS which Judaism and most of those asserting the latter
follows two distinct but related lines of inquiry. view come from the more traditional streams.
The first is whether the surgery is permitted from
the standpoint of Jewish law, and the second
See for example Yosef et Ehav 3:5
56 
(regardless of whether the surgery is deemed per- See for example Sharzer, LA, Transgender Jews and
57 

Halakhah, Responsa of the Committee on Jewish Law and


Standards of the Conservative Movement, EH 5:11.2017b
53 
Rabinowitz, ME, Status of Transsexuals, Responsa of accessed 11/28/2017 at https://www.rabbinicalassembly.
the Committee on Jewish Law and Standards of the o rg / s i t e s / d e f a u l t / fi l e s / p u b l i c / h a l a k h a h / t e s h u -
Conservative Movement, EH 5:11.2003 accessed vot/2011-2020/transgender-halakhah.pdf . Rabinowitz op
11/28/2017 at https://www.rabbinicalassembly.org/sites/ cit.; CCAR Responsa, Conversion and Marriage after
default/files/assets/public/halakhah/teshuvot/20012004/ Transsexual Surgery 5750.8 accessed 6/8/2017at https://
rabinowitz_transsexuals.pdf. ccarnet.org/responsa/tfn-no-5750-8-191-196/; Ziz Eliezer,
54 
Ziz Eliezer Part 11 Section 78 10:25, Chapter 26, Sec. 6. See also Bleich, JD,
55 
Rosner, F, and Tendler, M, “Procreation and Sexuality,” Contemporary Halakhic Problems, Volume 1, Ktav
Practical Medical Halacha, Jason Aronson, Northvale, Publishing House, New  York and Hoboken, 1977,
1997, p. 41. pp. 100–105.
236 L. A. Sharzer et al.

Whether or not the rabbis believe that GCS tions would not apply. Rabbi Breisch went fur-
results in a change of gender, virtually all address ther to assert that relief of psychological pain or
the related question of whether the surgery itself distress was as valid a justification for surgery as
is permissible in the first place according to relief of physical pain. Extrapolating from the
Jewish law. In assessing the permissibility of reasoning regarding cosmetic surgery to gender
GCS, it is important to separate the issues raised dysphoria, a condition which can cause distress,
by non-genital GCS, often referred to as top sur- sometimes severe enough to lead to suicide, some
gery, and genital GCS or bottom surgery. rabbis have argued that GCS should be permit-
ted.60 It is axiomatic in Jewish thought that saving
a life overrides nearly all halakhic objections, but
Non-genital GCS even absent threat to life, symptoms of pain and
distress, to the extent they can be relieved by sur-
The questions raised by the many types of sur- gery, are certainly enough to overcome objec-
gery transgender people may choose to undergo58 tions based on the prohibitions of self-wounding
are similar to those raised by cosmetic surgery: Is and endangerment.
the surgery medically necessary? Is it unnatural
and, consequently, prohibited? Does it contradict
the notion that humans are created in the image Genital GCS
of God? Does it violate the general prohibition
against self-wounding? Does it violate the prohi- In addition to the questions raised by non-genital
bition against intentionally placing oneself in a GCS, genital GCS raises specific questions
risky or dangerous situation? unique to it. The Bible, in the Book of Leviticus,
When these questions have been raised in the specifically prohibits castration (And that which
context of cosmetic surgery, most poskim have is mauled or crushed or torn or cut you shall not
been permissive.59 The idea that cosmetic surgery offer unto the Lord; nor should you do this in
is somehow unnatural or violates God’s will or your land.61). The specific biblical prohibition
image is an outlier, cited by only one or two rab- applies only to males and only to animals.
binic authorities, and is not in the mainstream of However, rabbinic exegesis over the centuries has
Jewish thought for even the more traditional extended the prohibition to humans, both male
groups. The two issues that nearly all rabbinic and female. This prohibition is, however, regu-
authorities deal with are the prohibition of self-­ larly abrogated in cases of medical necessity, for
wounding (including permitting others to cause a example, cancer of the ovary or testicle when
wound on one’s body) and placing oneself in an they are thought best treated by surgery. Even in
unnecessarily dangerous situation. One of the cases where surgical castration is recommended
first rabbis to address the question of cosmetic for the treatment of conditions not affecting the
surgery was Rabbi Mordecai Breisch (cited gonad itself, such as prostatic cancer or prophy-
above) in 1965. He opined that these prohibitions lactic oophorectomy for carriers of the BRCA
were relative and not absolute, and if the surgery mutation, the procedures tend to be accepted.
was being done to alleviate pain, and with the This is the reasoning applied by those rabbis,
consent of the patient, then those two prohibi- such as Rabbi Rabinowitz, who find GCS
permissible:
This would include surgery related to secondary sex
58 

characteristics (e.g. facial feminization surgery, breast


augmentation, mastectomy and male chest reconstruction,
etc. The issues raised by these operations are relevant to See Rabinowitz, op cit, and Sharzer, op cit.
60 

genital reconstructive surgery (GRS) as well, but GRS Leviticus 22:24. While this prohibition refers specifi-
61 

raises other issues that are unique to it. cally to animals, the Rabbis extended the prohibition to
59 
See for example Breisch, Helkat Yaakov 3:11, Feinstein, humans as well. See B Shabbat 110b, Mishneh Torah Hil’
Iggerot Moshe HM 2:66, Yosef, Yabi’a Omer v.8:12. Issurei Biyah 16:10, Shulhan Arukh EH 5:11.
22  Religious Attitudes Toward Gender-Confirming Surgery 237

It would seem that the people undergoing the long such surgery is permissible in the first place.
process of SRS as stated in the Standards of Care,
are doing so because they are suffering from gen-
These views range from the position that the
der dysphoria, and SRS is treating the patient with surgery is absolutely forbidden in all circum-
gender dysphoria. Their pain and anguish is great stances, to the position that surgery is permis-
and there is no doubt that they are suffering. This sible but not mandatory, to the view that surgery
has led them to undergo the long and difficult pro-
cedures outlined in the standards of care. For them
is not only permissible but required in order for
SRS is being done letovat ha-holeh, for the benefit the person to be considered the new gender. Non-
of the patient, and therefore would be permissible, genital GCS (top surgery) is generally viewed
just as it would be permissible to help treat a physi- more permissively, although many/most who
cal ailment. We have permitted other procedures
for mental ailments and have said that the mental
hold that removal of non-diseased sex organs
illness is to be treated in the same way as a physical is strictly forbidden tend to believe that gender
one. Therefore SRS may be permissible and the dysphoria is a condition which should be treated
prohibition against castration can be overridden in non-operatively.
this case.62

For others, such as Rabbi J.  David Bleich,63 Islamic Theology and Gender-­
“Sex-change operations involving the removal of Confirming Surgery
sexual organs are clearly forbidden on the basis
of the explicit Levitical prohibition ‘And that Mehrdad Alipour
which is mauled or crushed or torn or cut you
shall not offer unto the Lord; nor should you do
this in your land.’ (Lev 22:24).”64 He also cites, as Introduction
support for this view, the opinion of Rabbi Meir
Amsel (Ha-Ma’or, kislev-tevet 5733) that the Thanks to modern medical technologies, gender-­
surgery involves a violation of the biblical prohi- confirming surgery (GCS) has been performed
bition: “A woman shall not wear that which per- since the middle of the twentieth century.
tains to a man, nor shall a man put on a woman’s Although GCS is considered as a great achieve-
garment.” (Deut 22:5)65 Rabbis who follow this ment which has a positive effect on individuals
line of reasoning generally accept the validity of who wish to undergo this transition, it has
a diagnosis of gender dysphoria and recognize resulted in challenges for religions, including
the need for compassion for afflicted individuals Islam. Muslim theologians and jurists have
but maintain that it should be treated psychologi- encountered many questions as the demand for
cally, not surgically. GCS has grown among Muslim transgender,
transsexual, and intersex people. The first ques-
tion is whether GCS is permissible in Islām in
Conclusion the first place. And if so, to what extent it can be
performed. Moreover, if it is permissible for all
There is a wide range of Jewish thought as it or some of the people mentioned above to
relates to gender identity and its validity as a undergo GCS, we need to examine whether it is
determinant of gender for purposes of halakhah a mandatory duty for them under Islamic Sharīʿa
(Jewish law). In the same way, there are diverse law to undergo GCS or whether they can choose
views as to whether GCS (specifically genito- to undergo surgery or not. In order to deal with
plasty) affects a change in gender and whether these questions, Muslim scholars initiated a
debate on the issue of GCS more than five
62 
Rabinowitz op. cit. decades ago. However, the attitude of Islamic
63 
See citation Fn 12. scholarship with regard to GCS is still a chal-
64 
Bleich op cit, p. 100. lenging subject for Muslim scholars. On the one
65 
Ibid. hand, GCS is mostly regarded as sinful, thus pro-
238 L. A. Sharzer et al.

hibited (ḥarām) in Islam by both Sunnī and Shiʿa organs or genitals. Muslim jurists have distin-
traditional scholars [67, 77, 84]. On the other guished between two types of khunthā [73, 80].
hand, in the late 1980s, GCS was legalized The first group of khunthā includes individuals
(made ḥalāl) in shariʿa and/or in state law by the identified as al-khunthā ġair mushkil (determi-
fatwās (Islamic legal opinions) of Āyatullāh nate/unambiguous intersex). According to the
Khomeini (a grand Shīʿī Āyatullāh and the leader Muslim jurists, this first group has a “true gen-
of the 1979 Iranian Revolution) in Iran and der or sex” as male or female, which can be
Shaykh al-Ṭanṭāwī (Mufti of the Arab Republic determined through physical signs,67 before or
of Egypt and Shaykh of al-Aẓhar in 1996–2010) after puberty. The second group of khunthā
in Egypt. It seems that these fatwās should ini- includes people who have physical features
tially be considered as being evidence of a toler- which, according to these jurists, cannot be dis-
ant attitude of Islam toward Muslim individuals tinguished within the gender binary as male or
who wish to undergo this transition. In order to female, before or after puberty. This second
understand the issue from an Islamic perspec- group is called al-khunthā mushkil (indetermi-
tive, I shall briefly review the concepts of inter- nate/ambiguous intersex).
sex, transsexual, and transgender individuals,
and then I discuss the different attitudes of
Islamic scholarship toward GCS. GCS and Islamic Theology
of Opponents and Defenders

Intersex, Transsexual, Muslim jurists who oppose gender-confirming


and Transgender Individuals surgery simply forbid the GCS procedure. They
believe that Muslims must be identified as female
The term “transgender,” according to Muslim or male based on their sex organs, and conse-
scholars, describes both women and men who quently have to perform the Islāmic mandatory
feel that they are trapped in the wrong bodies practices as a male or female based on their sex
and may decide to change their bodies through organs. These theologians have tried to enlist a
gender-­confirming surgery [74]. However, variety of arguments to support the prohibition of
some gender experts, transgender activists and GCS [68, 69], but their most important argument,
transgender people [66] do not fully agree with as the Islāmic Fiqh Council of the Muslim World
this description. They tend to categorize the League in 1989 (session 11, resolution 6) stated,
group mentioned above as transsexual people. is that of “wrongly interfering in God’s creation.”
In this more recent perspective, the term trans- Briefly explained, this means God has created
gender defines people whose gender identities everything as it is, including human beings, and
do not correspond with the sex identified at God does not make mistakes. Therefore, what a
birth (see the entry of this word at the Oxford person is, in fact, is her or his God-given nature.
Dictionary Online and Merriam Webster If GCS is performed then God’s Own creation is
Online).66
Muslim scholars identify the concept of
Although, as we will see later, some Muslim scholars
67 
“intersex” as khunthā. In traditional Islamic
currently try to apply more modern medical terms to
scholarship, a khunthā is a person who pos- determine the gender or sex of khunthā, traditional schol-
sesses both or ambiguous male and female sex ars mostly identify khunthā’s gender or sex through bio-
logical signs, such as by looking at which genitalia the
khunthā urinates from or the one the urine initiates from
Beemyn and Rankin (2011, p. 6) describe the term trans-
66 
or ends from (during childhood and before puberty) or by
gender as “all individuals whose gender histories cannot observing the facial hair and semen for males and the
be described as simply male or female, even if they now growth of breasts and menstruation for females (after
identify and express themselves as strictly female or puberty). For a comprehensive discussion on this issue,
male.” see: Sanders [53].
22  Religious Attitudes Toward Gender-Confirming Surgery 239

interfered with, a creation no one in existence has results of a sex change, such as the status of a
any right to alter. There is a verse in the Qur’ān person’s marriage and kinship following surgery.
(4: 119) that says: Let’s take a look at the fatwā:
And I will mislead them, and I will arouse in them It seems that gender confirming surgery from
[sinful] desires, and I will command them so they male-­to-­female is not forbidden (harām) [in Islām]
will slit the ears of cattle, and I will command them and vice versa, and it is also not forbidden for a
so they will change the creation of Allah and who- khunthā undergoing it to be attached to one of the
ever takes Satan as an ally instead of Allāh has cer- genders [female or male]; and does gender con-
tainly sustained a clear loss.68 firming surgery become obligatory if a woman
finds in herself [sensual] desires similar to man’s
Some Muslim scholars use this verse to argue desires or some evidence of masculinity in herself–
that God commands us not to change the creation or a man finds in himself [sensual] desires similar
to the opposite gender or some evidence of femi-
of Allāh. Otherwise, Satan will take shape instead ninity in himself? It seems that [in such a case] if a
of Allāh and we will be acting against God’s person really belongs to a [determined] gender,
intrinsic nature. gender confirming surgery is not obligatory
However, unlike the group above, other schol- (wājib), but the person is still eligible to change
her/his gender into the opposite gender.69
ars, such as Khomeini and al-Tantāwī, seem to (Khomeini [72], Vol. 2, p. 626)
believe that the argument presented against
GCS cannot justifiably forbid it in Islam. In Regarding the fatwā, Khomeini explicitly
their opinion, this argument of “wrongly inter- discusses the permissibility of GCS in Islām
fering in God’s creation,” which is based on and, unlike Najmabadi’s understanding [76], it
the Qur’ānic verse, does not apply to GCS. This should be considered as a definite fatwā. In fact,
is because, according to some exegetists of the in his first sentence Khomeini issues the fatwā
Qur’ān and Sunna (sayings, deeds, and of the permissibility of GCS generally for every
endorsements of Muḥammad) [69], in this individual who wishes to change his/her body.
verse changing the creation of Allāh does not In the second and third statements, he specifi-
refer to body change or to GCS but refers to cally distinguishes intersex (Khunthā) and
changing sharīʿa law and God’s commands. transgender/transsexual persons both transmen
Therefore, the forbidding of change mentioned and transwomen, as people who are definitely
in the Qur’ān does not apply to gender-con- allowed to undergo GCS.  Finally, he mentions
firming surgery. that this surgery is not mandatory for these
groups which means they can choose to live as
they are without undergoing gender-confirming
Khomeini and Shiʿa Theology of GCS surgery.
This fatwā seems to be forgotten by the
It seems that the first response to the issue of authorities of post-revolutionary Iran. Thanks to
GCS among Muslim scholars was by Āyatullāh the struggles of Maryam Khatoon Mulkara (a
Khomeini, in his book Taḥrīr al-Wasīla, in 1964. transwoman who convinced Khomeini to issue a
Khomeini addressed this issue in a section specific fatwā70 on her case in 1987 [71]), this
devoted to “The Changing of Gender/Sex.” This earlier fatwā received the attention of the Islamic
section includes ten problems. Problem 1 is a government of Iran and made them follow the
fatwā which explicitly discusses the permissibil- fatwā and change the state law, thrusting Iran into
ity of GCS for every individual, including trans- the role of a global leader on GCS.
sexual, transgender and khunthā people.
Subsequent problems deal with the specific
Translation of the fatwā is by the author.
69 

An image of this newer fatwā in Farsi can be seen here:


70 

The translation of the verse is by the Sahih International


68 
h t t p : / / w w w. f o r u m . m a h t a a . c o m / T h r e a d
translation of the Qur’ān. ‫سنت‬-‫اهل‬-‫و‬-‫اسلام‬-،‫جنسیت‬-‫تغییر‬.
240 L. A. Sharzer et al.

Following this fatwā, some of Khomeini’s address transsexual, transgender and intersex
students tried to justify it [70, 75]. But they people in his fatwā, it seems that al-Ṭanṭāwī
were then faced with another problem: the pro- accepts GCS as treatment for those individu-
cedure of GCS itself. As part of the procedure, als who feel that they are trapped in the wrong
the surgeons and their assistants must see or body and want to discover their real gender.
touch the genitalia of the patient, which is for- In his mind, through GCS, what may be dis-
bidden in Islam. They, therefore, returned to covered is one’s real gender/inward essence
the original dictate, that GCS which is not (batin), which is covered by an outward
urgent must be prohibited. This means the appearance (zahir). The important point is
fatwā should be limited to the most essential that the whole process, including the opera-
cases. Khomeini’s fatwā, however, did not tion, must be regarded as treatment. Given that
have such a limitation. Elsewhere [65] I have an operation is the best treatment, or the only
explained that, based on Khomeini’s theologi- way to be cured, s/he must undergo surgery.
cal approach, it seems that he did not believe in Conversely, al-Tantawi emphasizes it is not
such traditional limitations for surgery, because permissible to carry out the operation at the
of the new cultural situation regarding human mere wish or whim of the patient, that is, to
life. change sex from one gender to another.

 l-Τ̣ anṭāwī and His Cautionary


A Muslim World League’s Fatwa
Position Toward GCS
The Islamic Fiqh Council in its 11th session
In 1988, responding to a query on a transwoman (held in Saudi Arabia between 19 and 26
named Sally Abd Allah, al-Τ̣anṭāwī issued a February 1989) discussed this subject and issued
fatwā allowing some cases of GCS.71 Since the a fatwā on GCS (The Sixth Fatwa Resolution on
fatwā is long and there is no need to consider all Change of Sex from Male to Female and Vice
of it, a summary of the fatwā made by the man Versa.
himself will be quoted here. Based on this fatwā, if a person is a khunthā
To sum up: It is permissible to perform the [GCS] ġair mushkil, i.e., an individual who possesses
operation in order to reveal what was hidden of signs of both female and male sexes, medical
male or female organs. Indeed, it is obligatory to treatment (through GCS or hormone therapy)
do so on the grounds that it must be considered a would be permissible for them. However, every
treatment, when a trustworthy doctor advises it. It
is, however, not permissible to do it at the mere single case must be examined to explore whether
wish to change sex from woman to man, or vice the male or female sex is dominant in order to
versa.72 medically treat the patient accordingly. In fact,
this fatwā considers people who are al-khunthā
Based on al-Ṭanṭāwī’s fatwā, it is permis- ġair mushkil as sick individuals who require
sible for individuals to undergo GCS “in order treatment.
to reveal what was hidden of male or female The fatwā, however, does not permit trans-
organs.” Although he does not explicitly sexual and transgender people who enjoy having
“the complete sex organs” to undergo treatment
71 
Skovgaard-Petersen ([82], p. 3 & 1995, http://quod.lib. or surgery. Therefore, regarding this fatwā, any
umich.edu/j/jii/4750978.0002.302?view=text;rgn=main) attempt from these individuals to perform GCS
explains that al-Ṭanṭāwī copied his fatwā “word-for- is a crime and deserve punishment. Moreover,
word” from a fatwā issued by his predecessor Shaykh
this fatwā does not mention the situation of
Jādd al-Haqq Ali Jādd al-Haq a decade earlier on the
response to a question from the Malaysian Center for al-khunthā mushkil and whether they are permit-
Islamic Research in l981. ted to undergo hormone therapy or perform
Translation of the fatwa is by Skovgaard-Peterson [83].
72 
surgery.
22  Religious Attitudes Toward Gender-Confirming Surgery 241

 he Approach of Malaysia’s Council


T  uddhist Attitudes Toward Gender-­
B
of Islamic Religious Affairs to GCS Confirming Surgery

In Malaysia, the National Council of Islamic Kelsey Jacob Pacha


Religious Affairs (NCIRA) is in charge of
Sharīʿa law in the country. Regarding trans- To speak about Buddhism as one discreet spiri-
sexual and transgender individuals, NCIRA tual entity is not possible, as Buddhism can be
considers this operation prohibited as of the understood as a religion, a philosophy, and a
1983 fatwā (Shogo [81], http://www.newman- practice. There are three major Buddhist tradi-
dala.org/tackling-sex-re-assignment-surgery- tions: Theravada, Mahayana, and Vajrayana (or
malaysia/). The council, however, issued Tibetan), which are variously practiced in differ-
another fatwā in relation to khunthā people in ent parts of the world and deeply influenced by
2006 [85] in which NCIRA tries to use more culture, geography, and history. This section will
modern terms to distinguish different types of focus on Buddhism as it is interpreted in the West
intersex people. According to this fatwā, GCS (particularly in America), with brief mentions of
and hormone therapy for intersex individuals its engagement with gender in other cultural con-
with 46 XX CAH brought up as male are per- texts. Buddhist philosophy, text, and tradition’s
missible to bring them back to their original resources for gender transgression will be dis-
gender which is female. Moreover, people with cussed and brief recommendations for surgeons
46, XY AIS raised as female also are permitted working with Buddhist patients offered.
to undergo GCS or hormone treatment with the Some scholars believe Buddhism is essen-
consideration that the surgery “psychologi- tially neutral on issues of transgender identity
cally” or “biologically” does not make trouble and gender non-conformity.73 Buddhism tends
for the patient. But for persons with 46, XY not to operate out of hierarchical institutions that
AIS raised as “female, but diagnosed only after issue authoritative statements on issues like gen-
the person has already grown up, the person der confirmation surgery but rather provides
can continue a normal life and the gender is spaces for people to learn and practice. This
recognized from his/her [body build] and the enables the tradition to operate within a broad
[appearance] of the genitalia. Surgery to spectrum of cultural contexts. American Buddhist
remove the testes (if any) is permissible to pre- communities, on the whole, tend to support trans-
vent the risk of cancer.” gender and gender non-conforming people who
receive gender confirmation surgery, although
there is no unified formal agreement on the issue.
Conclusion The American iteration of Soka Gakkai
International (SGI), a Mahayana tradition, has an
As this brief review of Muslim scholars’ active LGBTQ network, Courageous Freedom,
approaches to GCS shows, although many still which develops resources for LGBT Buddhists
believe that GCS is generally prohibited in Islam, and participates in activism.74 Sources indicate
some scholars issued fatwās in favor of that most American Buddhist groups accept
GCS.  Regarding such fatwās, Khomeni’s fatwā transgender and gender-diverse people into their
on GCS guarantees a more tolerant approach monasteries and schools, allowing them to be
toward this operation as it permits this transition ordained, to teach, and to participate in commu-
for every individual who wishes to change his/her nity. 75 In America, it is likely that TGNC people
body. Moreover, his fatwā does not seem to link who receive gender confirmation surgery will be
GCS with illness. In contrast, other fatwās dis-
cussed here consider the whole procedure as Cabezon [54, p. 94].
73 

treatment and see people who wish to undergo Soka Gakkai International- USA [55].
74 

this surgery as sick and in need of treatment. Human Rights Campaign [56].
75 
242 L. A. Sharzer et al.

able to find an accepting white American Many Buddhist communities throughout the
Buddhist community, though these communities world have interacted with and upheld the gifts of
may not reflect the individual’s cultural or ethnic people who identify differently than their sex
identity. assigned at birth. Several countries heavily influ-
A foundational teaching of Theravada enced by Buddhism, like Thailand and India,
Buddhism, called the Three Marks of Existence, have acknowledged the presence of transgender
states that experience is marked by imperma- and gender non-conforming people for thousands
nence, suffering, and the absence of the self. of years through the existence of a third sex in
Impermanence refers to the notion that every- their culture. Often, these individuals become
thing in the world, tangible and intangible, is castrated and honored as wise, spiritually gifted
fleeting. Suffering arises from attempting to hold leaders, such as the acault of Myanmar or the
onto that which is impermanent. The absence of hijras of India.78 The first transgender man known
self contends that there is no eternal soul, perma- to have undergone sex reassignment surgery in
nent essence, or consistent identity that exists the 1940s, Michael Dillon, later became a
beyond human creation and maintenance. The Buddhist monk and was largely accepted as a
ego-self, including our personality traits, our male Buddhist, although one of his teachers
social location, and our history, is a false self. 76 threatened to out him in a prominent Buddhist
Thus, the notion of an internal gender identity—a journal.79
stable essence constituting a sense of self—can Some Buddhist texts acknowledge the histori-
be problematic in Buddhism. Living the teach- cal existence of gender transgressors in society.
ings of the Buddha entails a path in which indi- The Vinaya, a set of rules for monks, acknowl-
viduals slowly release the illusion of selfhood. edges the existence of pandakas, people who did
All desires—including the desire to transition— not fit into normative gender and sexual catego-
can be seen as transient, not offering lasting hap- ries in modern-day India. These include people
piness. Teachers and practitioners may differ on born with ambiguous genitalia, people seemingly
how they perceive the authenticity of one’s gen- born without obvious sex organs, and people
der identity and whether they believe altering the whose sexual and gendered characteristics
body, rather than the mind, is advisable on the seemed to change in accordance with the moon
path to enlightenment. However, others argue cycle.80 The Pali Canon, the words of the Buddha,
that in order for an individual to truly accept the contains a story about a male adherent named
teachings of the Buddha and to be present to Soreyya, whose infatuation with a Buddhist elder
practice, they must be fully comfortable and changed him into a woman. He got married to a
present in their bodies.77 man and bore two children before changing back
Another principle invoked when discussing to a man and asking forgiveness for what he had
LGBT issues in Buddhism comes from the Five done. 81 In Mahayana Buddhism, there are bod-
Precepts, ethical guidelines supporting the path hisattvas (enlightened humans who refuse nir-
to enlightenment. It states, “I am aware of the vana in order to elevate humanity’s consciousness)
suffering caused by sexual misconduct.” Some whose gender is fluid—Avalokiteshvara, a male
Buddhist traditions understand any non-­bodhisattva, is said to transform into female
heteronormative expression of sexuality and gen- Kuan Yin when overcome with compassion for
der as violating this precept, while others interpret women and children.82
it as an ethical imperative to be authentic to one’s
gender and sexual identities. Differences are
often due to the culture Buddhism is operating 78 Mollenkott [7, pp. 159–60].
within. Jivaka and Stryker [59, pp. 230–31].
79 

Likhitpreechakul [60].
80 

76 
Post [57, p. 335]. Bodhi [3, DhA.i.324ff].
81 

Tisdale et al. [58].


77 
Conner et al. [61, pp. 78, 208].
82 
22  Religious Attitudes Toward Gender-Confirming Surgery 243

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