Me, Myself, They

by Joshua M. Ferguson

  Telling these stories wasn’t a choice. Staying silent wasn’t an option. I had to tell these stories to help encourage the humane treatment of people like me. The easy path for me would have been an existence epitomizing loneliness, wondering about the difference that I could have made with my story. I have not travelled an easy path. That isn’t who I am. I followed my calling to tell my own story, made possible thanks to the generations of truth-tellers who came before me and who dared to defy the status quo.

  We are warriors. We are pioneers, groundbreakers, soul-shakers, and peacemakers. We are the nails that stick up and refuse to be hammered down. We are the untamed. We are the voices that dare to say no to the same old shit and the same old stories that have been shared over and over again, voices that dare to shake the foundation of thinking that tries to separate us into one or the other, young or old, man or woman, right or left.

  We are trans and non-binary, and we are human beings with stories to tell, lives to live, love in our hearts, and kindness to share. We are here to help make the world a better place simply by being ourselves.

  The world needs to elevate people at the margins to share different stories than the ones that are retold over and over. When we step into a place of visibility and security, we need to reach back down and extend a hand for the sake of humanity. We need to lift each other up so that new stories can be told. We always learn from what we don’t know. We can find ourselves in the stories of others, and in doing so we can make our lives, and the lives of those around us, a little better, while being true to who we are. We can create horizons of hope.

  Take yourself back to when you were a child. We all have the power to work through the cultural conditioning if we want to. I got so tired of being the Josh that was created for me. I reclaimed my identity. I reclaimed little Joshua, and the path wasn’t simple. I was once a young and free spirit before the mess of the binary entered my life. I found myself again. I always knew that something wasn’t quite right when I reached adulthood. So I embarked on a path of wondering myself through my pain and suffering. Curiosity guided my quest back to myself. Who I was, am, will be. It is never too late to feel connected with who we are, to be who we are, to be who you are.

  I am Joshua M. Ferguson. I am non-binary. With these words, these stories, finally, my story can have its true beginning.

  Appendix i

  Glossary

  I know that the language associated with the discussion of trans lives can be an obstacle, and that many people have questions about correct terminology. People often express a fear about using the wrong pronouns, or not understanding the importance of pronouns for trans people. Here’s a useful primer for the language used in this book.

  Gender is an especially complicated term because its very definition changes depending on the time and place in which it is used. Gender is about socially constructed norms, specific to a time and place; the concept exists relative to cultural and historical specificity. Because the definition of gender is based on language and cultural practice, it is different around the world. Nonetheless, gender is also used in a similar way to understand identity, particularly in the West and in Western-colonized cultures, where Euro-centric value systems destroyed the diverse cultural understandings of sex and gender that existed prior to colonization.

  Many cultures around the world believe gender to be exclusively male or female. Most societies tend to assume that gender comes naturally from sex, and that they are the same. At the very least, there is a general understanding that a relationship exists between the two terms. Gender is a complex, multilayered, ideologically saturated concept that escapes a static and clear definition. It is a combination of things, open to how our understanding shifts, similar to the openness of the term non-binary. And it can be a vital part of understanding who we are as human beings and how we relate to one another.

  Sex is typically defined by external and internal morphology (genitalia) and chromosomal makeup (XX, XY, XXY, and so on). The Western imperative to conflate sex and gender has resulted in the interchangeable use of these terms. Some people think that making a clear distinction between the terms is important; however, it is now increasingly common for trans people, including non-binary people, to understand that there is no real distinction between sex and gender when it comes to our identities. I identify both my gender and my sex as non-binary. Consequently, we often think of sex to mean only male or female and the attached gendered terms of man and woman, with nothing beyond the two possible options, completely excluding intersex people.

  Gender identity is how we perceive our sense of self in relation to gender. Gender identities are diverse, so one might identify as male, female, man, woman, intersex, non-binary, or none, all, or even some of the above. Gender identity is a self-determined subjective relationship we have with our gender, our gender expression, and our sexed body.

  Gender expression relates to our mannerisms and behaviour, and the way we style our body to present and express our gender identity. Gender expression can be fluid or relatively static. For most people, gender expression is fluid, meaning that the way we express our gender can change greatly from, for example, childhood to adolescence to adulthood or even from day to day, or year to year. Gender expression does not have to correlate with gender identity in a normative sense. For example, a non-binary person can have a very feminine or masculine gender expression instead of a more androgynous presentation. The latter expression is typically expected for non-binary people, but it isn’t always our reality. Gender expression exists on a spectrum rather than the masculine vs. feminine binary that we are caught up with in language. I would argue that there are infinite gender expressions, although we tend to think about our expression in a singular way. A person’s gender expression does not automatically define their gender identity. These are two different things. Gender identity and gender expression are not synonymous, and they can simultaneously contribute to the notion of gender.

  Binary is a term used to define the polar opposites that are pervasive in a Western way of structuring language and thought about gender: woman/man, feminine/masculine, weak/strong, and so on. One side of the binary is usually implied to be superior and the other inferior, a structure that has supported patriarchy, a system in which cis men are afforded privileges that cis women are not. The binaries of sex, gender, and sexuality are so entrenched in our language and the way we think about one another that it is difficult to imagine any reality outside of these binaries, but realizing that life and the world cannot be understood exclusively within a binary makes for a diverse and colourful existence. We just have to think about it to realize the non-binary parts of our lives.

  Non-binary is not the opposite of binary. Non-binary is a rather new term used to describe sex and/or gender identity that is neither exclusively one nor the other of male and female, or neither male/man nor female/woman. Non-binary is an anti-category in the sense that it defies a stable definition. Since gender identity is self-determined, it is important to realize that non-binary is an inclusive term for an infinite variation of sexes, gender identities, and gender expressions. Non-binary has swiftly become the umbrella term for identities that are neither men nor women, but some non-binary people can identify as non-binary trans women or non-binary trans men.

  Transgender literally means “across genders” and refers to someone whose sexed body and gender identity do not conform to societal expectations. Transgender is still used as an umbrella term for trans people: trans men, trans women, non-binary people, and gender-nonconforming people. However, its use in the vernacular, especially in the media and popular culture, mostly refers to trans men and trans women: trans people who often transition to match the gender identity that they are born with and that might conflict with their sex assignment at birth.

  Cis and cisgender refer to people who are on the “same side” of their assigned sex at birth and their gender identity. The sex and gende
r identity of cis people line up in terms of cultural expectations.

  Trans/Trans people has become an umbrella term for the transgender community.

  Sexuality is related to how we identify our sexual expression, attraction, and desire. Sexualities can be static for one’s entire life, or sexuality can change throughout life. Common sexual identities include, but are not limited to: heterosexual, lesbian, gay, bisexual, queer, asexual, and pansexual. Sexuality is not entirely dependent on gender identity and it shouldn’t be confused with sex.

  Pronouns are used to refer to people’s gender identity in language. The two common pronoun groups in the English language are she/her/hers and he/him/his. There are several gender-neutral pronouns, but they/them/their is the most prevalent pronoun group for non-binary people.

  Appendix II

  Timeline of Non-Binary Legal Recognition Around the World

  The timeline that follows illustrates the undeniable momentum for non-binary legal recognition globally. Although non-binary is not always named explicitly in these policies and laws, I’m using it as a catch-all phrase for any international policy or law that aims to include people who are neither male nor female, men nor women. There could be dates and changes in countries that are not included in this timeline, but it does aim to be comprehensive in its representation of the reality of change around the world for non-binary people.

  December 27, 2007 (NEPAL): Nepal is the first country in the world to recognize people who are neither male or female. The Supreme Court of Nepal establishes a “third gender” category on this date.

  September 15, 2011 (AUSTRALIA): Australia provides a third gender option “X” for passports.

  December 5, 2012 (NEW ZEALAND): The country introduces a third gender option, “X (indeterminate/unspecified),” on passports.

  April 15, 2014 (INDIA): The Supreme Court of India legally recognizes a third gender (typically called hijra) classification, citing it as a human rights issue.

  March 21, 2014 (AUSTRALIA): The country’s Australian Capital Territory introduces an “X” option for birth certificates.

  July 17, 2015 (NEW ZEALAND): Statistics New Zealand introduces a gender diverse category, making it the first country in the world with this type of inclusion for statistical purposes.

  June 2016 (UNITED STATES): Jamie Shupe wins a court challenge in Oregon to become the first legally recognized non-binary person in the country.

  June 2016 (CANADA): Ontario becomes the first province in the country to offer health cards that no longer display sex or gender.

  September 2016 (UNITED STATES): Sara Kelly Keenan wins a court challenge in California to become the second person in the country to be legally recognized as non-binary.

  December 2016 (UNITED STATES): Keenan then becomes the first person in the United States with an intersex birth certificate.

  January 2017 (CANADA): Christin Milloy, along with barbara findlay (who uses lowercase letters) and the Gender Free ID Coalition, win a court case that makes it possible for Canadians to identify as non-binary on Employment and Social Development Canada documentation.

  February 2017 (UNITED STATES): Star Hagen-Esquerra of California becomes the first legally recognized non-binary minor in the country.

  March 2017 (UNITED STATES): Sara Kelly Keenan and fellow non-binary advocates work with the State Assembly’s senators in California to introduce Bill SB 179. Governor Jerry Brown is expected to sign this bill into law in the fall of 2017, which would make California the first district in North America to provide a non-binary option on birth certificates. This bill would legally recognize non-binary gender identity on all forms of identification, including birth certificates and driver’s licences. And the bill would remove two requirements necessary for a gender change on documentation: providing a physician’s statement, and appearing in person in court. Finally, the bill includes a provision to make it easier for minors to apply for gender changes on their birth certificates.

  March 2017 (CANADA): The Province of Ontario’s “X” option on driver’s licences becomes available.

  April 2017 (CANADA): Gemma Hickey becomes the first person in Canada to publicly apply for a non-binary birth certificate.

  May 2017 (CANADA): Prime Minister Justin Trudeau and Minister of Justice and Attorney General Jody Wilson-Raybould announce that the Canadian government is working with Passport Canada to implement an “X” option on Canadian passports.

  May 2017 (CANADA): Joshua M. Ferguson publicly applies for a non-binary birth certificate in Ontario.

  June 2017 (UNITED STATES): In the District of Columbia, Nic Sakurai becomes the first person in the country to receive a non-binary driver’s licence. The law also implements a self-attestation form instead of a physician’s letter for a change of gender. The ability to self-attest to one’s gender identity removes barriers that many people face to access ID changes.

  June 2017 (UNITED STATES): Oregon becomes the first state to offer an “X” option on driver’s licences.

  June 2017 (CANADA): Gemma Hickey takes the Province of Newfoundland and Labrador to the provincial Supreme Court over the denial of their non-binary birth certificate application. A court date is set for late July 2017.

  June 2017 (CANADA): Bill C-16 becomes law in Canada. This legislation amends the Canadian Human Rights Act to include gender identity and gender expression as protected grounds. It also amends the Criminal Code to extend protection against Hate Propaganda set out in the Act for gender identity and gender expression.

  June 2017 (CANADA): A baby is issued a health card with a “U” designation, meaning “sex unassigned” (believed to be first in the world). This action is led by the baby’s parent Kori Doty, who is represented by barbara findlay with the Gender Free ID Coalition. The Province of British Columbia still refuses to issue a birth certificate without a sex marker.

  July 2017 (CANADA): The Northwest Territories becomes the first jurisdiction in Canada to implement a policy for non-binary birth certificates.

  August 2017 (CANADA): Joshua M. Ferguson files a human rights complaint against the Province of Ontario for their non-binary birth certificate.

  August 2017 (CANADA): Canada’s federal government sets a precedent by legally recognizing non-binary people for the first time with its plan for Canadian passports. The Ministry of Immigration and Refugee Services announces an interim policy to allow non-binary people to receive an observation on their passport with an “X” marker until they can implement a system change to provide the full sex marker of “X.”

  September 2017 (UNITED STATES): California makes history for non-binary legal recognition by passing comprehensive legislation to recognize non-binary people on all forms of identification, removing the requirement for a physician’s letter for a change of sex designation, and including protection for non-binary people under the law.

  September 2017 (CANADA): The Province of Newfoundland and Labrador implements a policy for non-binary birth certificates and announces legislation to legally recognize non-binary people on driver’s licences.

  October 2017 (CANADA): Joshua M. Ferguson files a human rights complaint against the Province of British Columbia for their non-binary short-form designation on their combined health card and driver’s licence.

  November 2017 (CANADA): Gemma Hickey receives their non-binary birth certificate in Newfoundland and Labrador.

  January 2018 (UNITED STATES): Washington State becomes the fourth jurisdiction in the nation to make non-binary birth certificates and driver’s licences available to residents, while several other states consider non-binary gender markers on state-issued ID. This new policy means that the entire west coast of the country now offers a non-binary gender marker on forms of government-issued identification. There are several states — New York, New Jersey, Maryland, and Massachusetts — that have pending legislation to implement non-binary options on government
-issued ID.

  February 2018 (GREECE): Jason Antigone Dane becomes the first person in the country to be given the option to identify as a non-binary person on their ID after a court ruled in their favour.

  May 7, 2018 (CANADA): Joshua M. Ferguson is issued Ontario’s first non-binary birth certificate after successfully resolving their human rights complaint with the province. Ontario becomes the first jurisdiction in the world to offer four options for birth certificates: M, F, X, or no gender marker.

  May 25, 2018 (CANADA): A court ruling in Saskatchewan makes it the first jurisdiction in Canada to rule that citizens, even minors, must have an option to apply to have their gender marker removed from birth certificates.

  May 28, 2018 (NETHERLANDS): A Dutch court rules that “third gender” should be legally recognized.

  June 8, 2018 (CANADA): Alberta Premier Rachel Notley announces a new policy to recognize non-binary people on birth certificates and driver’s licences with a “gender-inclusive” “X” marker.

  June 11, 2018 (UNITED STATES): The State of Maine announces a policy for non-binary driver’s licences and other forms of identification.

  June 15, 2018 (AUSTRIA): The Austrian Constitutional Court confirms that Article 8 of the European Convention on Human Rights guarantees recognition of gender identity beyond the binary of male and female. There is an option to apply for an “empty” entry for sex on documents but no name has been decided upon (divers, inter, offen being considered).

  August 15, 2018 (GERMANY): Although Germany was the first country in Europe to allow for a blank entry on birth certificates for intersex-born children, it’s not until this date, more than six months after the nation’s highest court ruled in favour of an intersex individual to be legally recognized, that Germany’s cabinet approves third gender recognition on official records, allowing people to identify as “diverse.”