There are two significant problems with using gametes to define sex. First, no one checks gametes at the moment of sex assignment, let alone at conception (when they don’t yet exist). They are not observable. To base sex assignment on gametes is therefore to rely on an imperceptible dimension of sex when observation remains the principal way sex is assigned. Second, most biologists agree that neither biological determinism nor biological reductionism provides an adequate account of sex determination and development. As the Society for the Study of Evolution explains in a letter published on 5 February, the ‘scientific consensus’ defines sex in humans as a ‘biological construct that relies on a combination of chromosomes, hormonal balances, and the resulting expression of gonads, external genitalia and secondary sex characteristics. There is variation in all these biological attributes that make up sex.’ They remind us that ‘sex and gender result from the interplay of genetics and environment. Such diversity is a hallmark of biological species, including humans.’ Interplay, interaction, co-construction are concepts widely used in the biological sciences. And, in turn, the biological sciences have made considerable contributions to gender theory, where Anne Fausto-Sterling, for example, has long argued that biology interacts with cultural and historical processes to produce different ways of naming and living gender.
The language of ‘immutability’ belongs more properly to a natural law tradition in which male and female kinds are established by divine will and so belong to a version of creationism. They are immutable features of the human, as Pope Francis has affirmed. Trump speaks in the name of science, but the cameo appearance of the gamete theory notwithstanding, he does so effectively to insist that God decreed the immutable character of the two sexes, and that he, Trump, is decreeing it once more, either to echo the word of God, or to represent his own word as the word of God. Religious doctrine cannot serve as the basis for scientific research or state policy. But that what is happening in this executive order.
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When authoritarians promise a return to an imaginary past, they stoke a furious nostalgia in those who have no better way to understand what is actually undermining their sense of a durable and meaningful future. We find this in the discourse of the AfD in Germany, the Fratelli d’Italia, Bolsonaro’s followers in Brazil, Trump, Orbán and Putin. But we also see the anti-gender animus among centrists hoping to recruit support from the right in order to stay in power. When diversity, equity and inclusion become ‘threats’ to the order of society, progressive politics in general is held responsible for every social ill. The result, as we have seen in recent years, can be that popular support ushers in authoritarian powers who promise to strip rights from the most vulnerable people in the name of saving the nation, the natural order, the family, society, or civilisation itself. Ideals of constitutional democracy and political freedom are regarded as dispensable in the course of such campaigns, since the preservation of the nation must be put before all else: it is a matter of self-defence.