Judge Rules Oregon Man Can Be Neither Male or Female

Shupe-compressedPORTLAND, Ore. — A federal judge in Oregon has ruled that a man can be considered non-binary—neither male nor female.

Jamie Shupe was born male, served in the military and married a woman. But in 2013, as he found himself struggling with his gender identity, Shupe decided to seek treatments that would make him look and feel feminine.

“I figured I was a transgender woman. My thinking was, well, I’m not a male,” Shupe told reporters. “I was in a deep, dark depression because I had boxed myself into this male identity that I couldn’t stand anymore.”

But after taking hormonal treatments and wearing women’s clothing, Shupe still wasn’t satisfied. It didn’t feel right trying to live as a female.

“Now, I’m suddenly telling my spouse I’m the same thing she is? It didn’t make sense to me,” Shupe told The Guardian. “No amount of hormones is going to make me look like a female.”

He also had no intention of having a sex change operation. So, he decided to be neither.

“I was assigned male at birth due to biology. I’m stuck with that for life. My gender identity is definitely feminine. My gender identity has never been male, but I feel like I have to own up to my male biology,” Shupe told the Oregonian. “Being non-binary allows me to do that. I’m a mixture of both. I consider myself as a third sex.”

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This past April, Shupe applied with his local Department of Motor Vehicles to be listed as non-binary, but his request was denied. Therefore, he filed a lawsuit over the matter, and won.

“The sex of Jamie Shupe is hereby changed from female to non-binary,” wrote Judge Amy Holmes Hehn in her June 10 decision. “Notice of this legal change shall be posted in a public place in Multnomah County as required by law.”

Her ruling is believed to be the first of its kind in the nation.

DMV spokesman David House told NPR on Friday that the department will likely make changes to its driver’s license forms as a result, but is not sure exactly how at this time.

“Is it a third box? Or will it require multiple boxes?” he stated. “We just don’t know the answer to those questions; we’re going to need to study that.”

But some have found the situation to be bizarre.

“The courts can call this whatever they want, but human biology is not changed or impacted in any way by some arbitrary designation. A person’s inability to either identify as a man or woman is not an issue for the courts. It is an identity issue that obviously requires psychiatric intervention, for the judge as well,” one commenter wrote. “What is next … canine binary … aquatic binary? Enough. There are men; there are women. Change to either, but this non-gender is complete and total made-up nonsense.”

“*Puts finishing touches on new bathroom signs, ‘Ladies and Gents’* Rats. Now I have to start all over again,” a second remarked in sarcasm.

“Jamie, you were born a male and will die a male,” another commenter opined. “You’re a man with a mental illness.”

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  • TheBottomline4This

    You were born a male and will die a male.
    You opinion doesn’t matter given that fact.
    You are mentally ill Jamie. Seriously.

  • Boolean Algebra is math – Binary is math – analog is as close that you get to non-binary in math. Using non-binary as a genderless label, makes as much sense as calling a dog a non-vegetable.

    • Amos Moses

      …… or a brick cholesterol free …………..

      • Grace Kim Kwon

        A good one!

    • wandakate

      In other words, just makes absolutely NO sense whatsoever! Totally off the wall…

  • Bertha Warren

    Something wrong, How do judges come up these ruling?

  • bowie1

    In order to be neither one must become a eunuch with neither male nor female sexual organs. If he wants to become that, he must have his sexual organs removed to make it so.

    • Becky

      That is very, very, very incorrect. It’s not just the sexual organs that defines your sex. You can change the outer appearance however, genetical make-up will never change. Men are the only ones that carry both the xy chromosomes and these two chromosomes define their male structure…right down to the molecular level.

      • WorldGoneCrazy

        And that cannot be changed.

        • Grace Kim Kwon

          Right! Never! All God’s truth is permanent and forever!

          • wandakate

            I think that was proven back in the garden of Eden! One male named ADAM, and one female named EVE. Now after that how would we wound up with anything else????? I would think that anything else is all in the mind. “I just can’t be who GOD says I am”…HELP!

        • Becky


      • John N

        Becky, it is neither.

        If you really care about scientific arguments, it is a combination of chromosomes, hormones and brain structure that defines our gender identity.

        Chromosomes only play a role in the first phases of development, and even then the chromosomal information is not always translated correct. After that, their influence is minimal.

        So to say that a person with a Y-chromosome is a male is far from being true.

      • wandakate

        Dress up a PIG as a witch, it’s still a PIG…Dress it up as a baby doll and put a pacifier in its mouth, is it not still a PIG?
        Maybe I should say take a male pig and dress it all up fancy and make it look like Miss Piggy, jewelry and all, okay, beautiful you say, but nonetheless it’s still a MALE PIG…
        Take the female pig, and dress her up as a fierce looking motorcycle hell’s angel in all black, and strap a saddle with a gun onto the pig, but she’s still a FEMALE PIG…

  • It has nothing to do with feelings or your thoughts. God made him male!

  • Nidalap

    Perversion. Once one was accepted, all demand the same…

    • Amos Moses

      Not a slope ………… a cliff ………….

  • Mary Taylor

    These people need psychiatric help in a bad way, asap!

    • Amos Moses

      They need Christ ………………

      • Grace Kim Kwon

        There were days when Non-christians used to be normal humans in the former Christendom. Now we are seeing what forced omission of the Christian religion does to people in the West. Even the heinous communists weren’t against facts this much.

    • Ambulance Chaser

      Okay, what kind of psychiatric help would you give them?

  • michael louwe

    Seems, LGBTQism is part of the New Age philosophy that has been commonly
    taught in liberal US colleges since the 1970s, which advocates that
    truth n morals r subjective, n not objective = every truth n morals r
    subject to the individual’s views n feelings, n r not to be viewed
    objectively as true or false n good or evil..

    Who knows, a
    liberal judge may one day also agree that murder can be justified by the
    subject or suspect n will not be a crime. This is another form of abuse
    of power or tyranny by the liberal judges, esp the US Supreme Court

  • WorldGoneCrazy

    ‘“The sex of Jamie Shupe is hereby changed from female to non-binary,” wrote Judge Amy Holmes Hehn in her June 10 decision. “Notice of this legal change shall be posted in a public place in Multnomah County as required by law.”
    Her ruling is believed to be the first of its kind in the nation.’

    There is a reason for that.

  • Grace Kim Kwon

    The Creator God made him a male. People have rights to treat him as a male to the end. Truth has the right to exist. Objective facts are superior over feelings and emotions and a Sodom’s false laws.

    • Amos Moses

      Truth is treason in the empire of lies ………………….

  • LadyFreeBird♥BlessedBeTheLord

    He could not be happy as a man. Thought being a woman might make him happy. Found out being a woman could not bring him the happiness he was searching for. Now he is trying to find happiness being (non-binary/third sex). This will not bring him happiness. I believe if he could find happiness in Christ.

    • wandakate

      He seems to be looking for happiness in all the wrong places. He hasn’t opened up his heart to spiritual matters, as matters of the heart are found in JESUS. He is the way, the truth and the life. This man will probably always be unhappy until he finds JESUS. I hope he will ask GOD for help so he can finally be whole. Come unto me, all you who are heavy laden and I will give you rest said JESUS.

      • LadyInChrist♥BlessedBeTheLord

        I hope one day he will find Jesus. If he does he will find True peace,love ,joy and happiness. He will have all the things he never had.

  • Steven

    …is not sure exactly how at this time.“Is it a third box? Or will it require multiple boxes?”

    Hey! I have an idea. Have three boxes: Male, Female and Sodom and Gomorrah.

    That way, everyone who challenges the precepts of God’s design can check “Sodom and Gomorrah” or SG for short.

    • bowie1

      Some forms I’ve seen have ‘unspecified’ as a third option.

  • Kenneth Hanson

    The world really has gone to Hell in a handcart. Man up dude!

  • robertzaccour

    I’ve noticed all these trans/non-gender people have a weird look in their eyes. It’s as if they’re demonic or something, or perhaps it’s just gender dysphoria aka gender-challenged.

  • hytre64

    “Jamie, you were born a male and will die a male,” another commenter opined. “You’re a man with a mental illness.” – Well Said.

  • Gena B

    Maybe when he was taking treatments to be more feminine her realized it wasn’t working out too good and still looked too manly so he went opted for a way out of his mess. I think in all the political movements of the LGBT wanting everyone to be included and others to accept anything, how does that community recognize a person with mental illness?