In Canada this week it has been reported that a deeply religious Christian has been fined $55,000 for calling a transgender woman a 'biological man' and using the male name from which she had transitioned. The crime of misgendering was deemed by the hearing to be a 'hate crime' – hence the ruling, which is being appealed.
The argument of some fundamental Christians is that God dictates a person's sex and someone must therefore be forever described as a 'man wearing a dress' not any kind of woman and claiming otherwise should not be deemed illegal to express.
This case is just the latest in a stream of 'misgendering' stories which has seen a video posted in the US of a trans woman getting angry at a shopkeeper for misinterpreting her as a man and police interviewing UK citizens over hate crimes that amount to simply posting on Twitter with a pronoun that was legally true at that point in life to which she was referring.
The three authors of this blog decided to make the latest Bat Chat about this controversial topic. Here are some of the thoughts we had.
(B = Blue, J = Jenny, L = Leanne) (GRA Gender Recognition Act)
J:
This debate is something I prefer to view in historical context. Having lived without almost any rights for 30 years before the GRA was passed in the UK in 2004 I'm not personally horrified just by any use of words. These are trivial in the overall scheme of things against living your life in happiness and being a good person.
If you transition and the most important thing that matters is to sue someone over their belief differing from your own or being unwilling to support your perception of yourself then your priorities are seriously askew.
I will fight for the protections that the GRA gives to properly diagnosed transsexuals willing to go through the gate keeping and earn some respect from society. But respect is gained by mutual responsibility and civility and respect from others should be earned, not demanded as a right. As nobody can self identify out of biological reality – certainly not by simply declaring they have done so. If that matters to others we cannot enforce denial.
B:
We are in the dawning of a new age... society and the entire structure by which we interact has changed more radically in the past twenty years than it has since the advent of agriculture.
The idea of a commons is gone... and the dreams of the internet being a tool to liberate are quickly being replaced by it being a tool to control.
J:
Yes, Twitter is now a battleground over ideologies and tiny things that most people would take in their stride or laugh off in daily life, are now seen as fights to the death.
Plenty of (non trans) women get misgendered day to day. Especially when older or in wheelchairs. It happened to my mum all the time because she could not communicate verbally and was wrapped up under blankets.
What do they do? Throw a hissy fit? No. They do what I suspect the three of us would do these days – smile, laugh it off, perhaps politely correct. But not act as if the sky has fallen in.
I think again we are back to the difference between transgender and transsexual – between needing and not needing validation of identity as a day to day experience.
L:
The internet can be a tool of control, with some people seemingly out to destroy even us transsexuals. Is there any hope? I'm depressed with it.
J:
The problem with over reacting to things like being misgendered when most people will just shrug that off is that those who do it think they are helping to create enlightenment. But they are really driving some to extremes as they presume all trans are like this and must have no right to sex defined spaces. So laws codifying access should just be repealed and everybody should just celebrate being transgender and not be discriminated against or ridiculed as a man dressing as a woman.
This in effect makes a law ALL about gender expression and not in any way about sex characteristics – the driving force of being transsexual. We have sex dysphoria - physical in nature and resolution - not gender dysphoria - where gender stereotypes need to be satiated.
Probably why pronouns are not the big deal for us that they are for transgender, where being recognised as their perceived gender is the centre of their existence.
The consequence is one homogeneous trans population which would be fine for those who are dressing up but catastrophic for those with actual sex based dysphoria because access to health care, psychiatry, care for surgery, would all be at risk because they do not apply to the transgender population.
It would also mean transsexual women losing the right to marry a man and be that man's wife. Which matters less to transgender as many are already married to women and have long been in some cases. Indeed some want to force to redefine those women as lesbians.
How is that any less offensive and controlling of language than someone misgendering that transgender person?
If a Christian calls a transgender woman a man as that is their belief yet that deserves a law suit – could a wife of her long term husband who is now told that she has become a lesbian react badly to her reality being altered and challenge that forced adaptation of her identity?
Surely this has to work both ways if you start policing belief.
L:
I would suggest that any lawyers out there might want to look into the legality of what some of the trans activists are doing, as they act like self ID has already replaced the need for legal status.
B:
This whole thing actually scares me. Here in the US I was able to change my birth certificate and other documents early on, having changed my
sex physically. That was what counted to actually do this. Not words you spoke.
It was a one time one shot thing and that is the way I will be till I shuffle off this mortal coil.
But now if you introduce self declaration and nobody knows who is who or what is what or how long they will be who they say they are well that lack of clarity is exactly what scares me about all of this.
We need certainty as for us there is no going back. We burned all those bridges. Those w*****S can walk back over the bridge if they do not like what is on the other side.
We have been erased in this discussion.
Between us we three have what... about 120 years lived as ordinary women?
Now we are being erased by w******
who lived to 60 then became their 'true self'.
L:
It is frustrating.
B:
It is what it is. Not sure we can do anything to stop it.
L:
Indeed, their propaganda has worked now everyone it seems believes transexuals and transvestites are the same.
J:
This is why there is such a push to remove barriers to the GRA. They don't want the gender recognition certificate. They want the birth certificate 'sex change' they can only get if they legally redefine themselves this way. The Equality Act coverage has a different level of protection because it is broader and covers many more people.
Right now that wider access requires medical diagnosis and they do not have that because they have no condition needing medical support. So instead of going out and getting it they insist that nobody wants it to be a medical condition any more. As in they don't and so nobody else matters.
It is all about validating sex to enable them to not have to depend on the Equality Act by self declaring who they are but through abuse of legality of what should be certificates that can only be altered with an exacting medical cause.
B:
Here in the US they are pushing hard too and have succeeded in getting self ID in California New York and Connecticut and a few other states... the effect is that half the population of American can now send in a letter and a few dollars and they are suddenly the other sex with all the rights and privileges with no reservations
J:
I had a private chat with a journalist and he told me he understood the difference between transsexual and transgender and who the GRA was written for and why and had tried to explain this in articles. But it was removed each time.
I suspect there is a push in various parts of the media from trans activism wanting them to help erase the difference in public perception. Frustrating.
B:
We are being used as a beard by these people to deflect public opinion.
J:
Just imagine that someone who had a brain tumour and needed assessment and investigations and proper treatment and might need surgery and long term follow up was told they were now being redefined as someone who merely THINKS they have a brain tumour because they get a lot of headaches.
Then are told well most of you won't really have a brain tumour so we will give you easy access to some aspirin and nobody will need to bother seeing doctors.
Those of you who really had a tumour and needed care for it are in the minority so you just have to accept that resources and laws went with the majority here because we could not have NHS scanners dominated by those claiming they had tumours when they really did not. Which would be true in most cases. So this policy will save money and stress for those who did not need those medical tests.
Yes a few who had real problems might unfortunately die as a result of our making this change, but this is just a consequence of making life easier for the majority.
THAT is where not recognising we are talking about two different things here and not one inevitably leads if you do not see it coming.
B:
Those pressing for this have hidden motives we can see but most others are not seeing. They are selling this to politicians too easily.
J:
Many of the new wave of transitioners are not young and those who transition late through these new conflations will find it harder to really believe in themselves as women. They have lived as men for so much if life that is inevitable.
So I suspect they might over react to any calls of invalidation like having their gender questioned even by accident – resulting in an overdose of what we see.
I had lived more of my life as a woman than not by 1993.Most transexuals will have a similar balance. This has to matter versus those who will have to become centurions to get that balance in their lives.
But if we just make it all about self declaration to declare whenever you feel like it later and later in life then the inevitable will happen,
More and more rage about misgendering until the whole world has had enough of us all.
And I mean us because the difference will have been erased by then irrevocably.
L:
Yes I was thinking the other day - I began transition the first time at 18. Here I am now.
Women have a right to self-preservation. But transsexual people also should have that right based on medical needs, not to be erased simply because of society's inability or unwillingness to accommodate them.
Why stop there? Look at the elderly. Blamed for taking up beds in hospitals (rather than the underfunding or the overcrowding from uncontrolled mass immigration) blamed by the young for simply voting for Brexit. Seen as a burden on the State. Euthanasia perhaps, to be enacted when someone reaches the age of 30 (Logan's world).
J:
I cannot contemplate how any one who is transsexual in the same sense as we seem to be would even be able to live 50 or 60 years as a man first (such as Caitlyn Jenner and so many other later life transitioners). They have used male privilege all their lives and that has to impact on who they are after transition. You cannot just eradicate a lifetime lived. And if they lived 50 years without transition, why not 60? Or 70? What suddenly changed? But they will try to overcome those hurdles and some - not thinking of anyone specific here - seem to forcefully deny they were who they were before.
L:
Here's another thought. Back in the 1990s after rejections by several blokes, I stopped clubbing. Became reclusive. Loneliness set in. A girlfriend suggested why don't we join a gym?
So we had a look, shown around the place, including the changing rooms. I was shocked to see women wandering around naked. It made me feel awful, guilty even that I knew something they didn't about myself.
How could I look them in the face? I wanted to be honest with them but after bad reactions doing that before I could not.
Besides even if some were ok, there'd inevitably be those opposed to me. That would have caused division and arguments between the women - friends - resulting in some not coming again etc. I certainly didn't wish to be the cause of that either. A dilemma indeed!
In the end I didn't join and returned to my loneliness instead.
J:
I get that. Post transition and pre surgery in the early 70s I stayed out of women's spaces even if that meant not going somewhere unless there was a single toilet, for instance. Post surgery we were advised by psychiatrists to use facilities such as loos but watch for any disquiet and leave discretely if we saw this.
It seemed an appropriate and correct response. This was at a time when the numbers of us were miniscule. Hundreds at most in the whole UK. And all post surgery as that was then the only way to alter documents before the GRA was passed long afterwards. Back then none of us were legally women, just helped legally by the state to live quiet lives. Not redefine everybody else's lives.
So there were things I still never did. I avoided shops with open dressing rooms and stuck to this with self contained spaces.
You just know how this would play out today with the transgender and self ID majority and not just a handful of transsexuals trying not to be invasive.
In fact we do not need to speculate as we see it all the time. Lawsuits to shut places down and to cause angst and financial loss or intolerance at the concerns of women in the presence of trans people, often these days who are not transsexual post surgery but fully intact and so all too reasonably causing distress to women.
What has changed to turn the responsibility and mutual respect of the past into this angry entitlement of today?
The weakening of gatekeeping and the erosion of this being a medical condition being treated instead of just a choice of lifestyle to express has to be the main cause of this turnaround.
We should be returning to the tight restrictions of the past where transition was a hard fought last resort of an option that if taken was permanent and needed support.
Instead we are making this into a simple option to try out and return from if it does not meet expectations.
We knew this was a one way street. And we are now being led off into a gloomy back alley via understandable fear by society of the ridiculous numbers being facilitated and their apparent lack of respect for other people's lives and rights.
L:
I hate the way this is all about their right to this or that. What about the women they are trampling all over to get those rights?
J:
My guess is that they often should not be transitioning at all or not put on medical pathways and given expectation of legal validation that might paint them into a corner.
Transgender needs different laws and rules that protect against oppression but do not require the onerous restrictions or medical permanence that transsexuals do.
Trying to fiddle about with an existing law created for entirely different and far smaller numbers of people to bring in so many others with totally different needs is simply bonkers.
It has been incredibly poorly thought out. It will harm everyone – women, children, transsexuals and transgender.
The GRA should be for transsexuals with permanent medical transition and lifelong needs. Plus return to much stronger gatekeeping where surgery is not the first idea they come up with but a very last resort thought through and taken slowly until sure it was the only route.
Then add a Gender Identity Act crafted for transgender people to give flexibility to their transition and easy ways to transition back and rights and protections commensurate with that.
L:
Sadly, this move away from transition as a last resort is what is happening at the Tavistock Clinic. Trans activists don't care about kids, be they trans or otherwise, They just use them as pawns in their political chess game of pushing for greater rights for themselves.
B:
The backlash is happening as a result of all this. We are going to feel it brutally.
THERE WILL BE A NEW BAT CHAT
EVERY FEW DAYS.
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