Intersex individuals are protected by the California constitution’s right to privacy
Overview Children born with intersex traits are often subjected at birth to unnecessary sex-defining surgeries without their consent. This article argues that the California constitution’s privacy protection for bodily autonomy extends to an intersex child’s interest in making intimate decisions that will shape the course of their life. Cosmetic surgeries fail to further any compelling interest justifying the invasion of this fundamental privacy right. Consequently, intersex children who are subjected to nonconsensual sex-defining surgeries have viable constitutional privacy claims against the medical actors involved. Analysis Nonconsensual surgeries to “normalize” sex trait variations can cause lasting harm to intersex children. Intersex...
