Since sexism no longer matters, plaintiffs try using “gender identity” to win relief from sexist injury
August 12, 2013
“I lean more towards the feminine spectrum, but I do ovulate between masculine and feminine. It just depends on the day, girl!” – B. Scott, explaining his gender suit.
There was a time when lawyers filed actions against individuals and organizations that discriminated against their clients based on sex. Some of these cases involved damages caused by institutions or officials who illegally discriminated via enforcement of sexist stereotypes. These cases were usually brought on behalf of women. Examples include women who were not promoted due to their failure to exhibit ritualized behaviors of submission not required of their male coworkers , women who were required to don sexualized uniforms and maintain specific, expensive (unpaid) time-consuming body grooming and face-painting regimes as a condition of workplace readiness not required of male co-workers.
These lawsuits were filed on the grounds that sex-stereotyping is discriminatory against women, and when institutionally or officially enforced, illegal.
The current age of profound political backlash against the rights of women has resulted in a reinvigoration of state, official and institutional codification of sexual stereotypes (“gender”) as a legally protected form of discrimination now framed as a personal belief or “faith”. As such, sex discrimination has been re-classified as a state-protected institutional and personal “value”.
The new form of sex-based discrimination has elevated the sex-stereotype to a protected legal category that eclipses sex itself. Claims of sex discrimination are now opposed by the new protected “right to believe in” sex discrimination. This new protected form of sex stereotyping is called “gender” or “gender identity”. The legal creation of “Gender Identity” is identical to the old form of discriminatory sex stereotyping except that it now protects and codifies the “right to stereotype” while providing limited recourse against sex discrimination to individuals that publicly, formally pledge belief in sex stereotypes. Examples include statutes which allow males to displace females in state education Title IX sports programs on the basis that the males believe themselves to possess thoughts, feelings, and behaviors sex-stereotyped as female.
What then will become of those claims formerly filed under now eliminated sex discrimination protections? Two recent actions provide us with a clue.
Fashion pundit and femme gay male internet personality B.Scott filed a 2.5 million dollar lawsuit against Viacom and the BET cable network last week after an incident which took place during his July appearance on the pre-show for the BET Awards. Scott claims he was pulled off the air and told his clothing did not adhere to the company’s sex-based dress policy. He states that he was forced to change outfits to one that BET producers deemed appropriate for males based on sex-stereotypes. These actions resulted in alleged damage to Scott’s reputation due to an interruption of his performance, wrongful termination, loss of income, and emotional distress due to the unlawful infliction of discriminatory wardrobe policies based on sex. However since sex-stereotyping is now a protected legal category Scott’s attorney recommended filing suit on the basis of “Gender Identity” discrimination. One problem: Scott has no record of ever making public pledge or testimony of a personal transgender belief or “identity”. On the contrary, Scott has always maintained a strong pride in himself as a flaming gay man. As part of his lawsuit, Scott was forced to make a public statement adopting a personal “gender identity” and proclaiming himself to be transgender.
”Over the years my love muffins and strangers alike have questioned me about my gender identity. What IS B. Scott? As a society we’ve been conditioned to believe that a person has to be ‘exactly’ this or ‘exactly’ that. Biologically, I am male — as my sex was determined at birth by my reproductive organs.
However, my spirit truly lies somewhere in between. It is that same spirit that has allowed me to become so comfortable in my skin, choose how I express myself, and contributes to how I live my day-to-day life.
Transgender is the state of one’s gender identity (self-identification as woman, man, neither or both) not matching one’s assigned sex (identification by others as male, female or intersex based on physical/genetic sex). [source]
It is by that definition that I accept and welcome the ‘transgender’ label with open arms.
It is also by that definition that BET and Viacom willingly and wrongfully discriminated against my gender identity during the 2013 BET Awards Pre-Show.”
B.Scott’s announcement did not sit well with many in the transgender community who disputed the authenticity of his newly declared protected gender beliefs. Longtime trans activist and Transgriot blogger Monica “Fishy” Roberts (who believes he is female and refers to his penis as a “six inch neo-clitoris”) tweeted “When B Scott starts taking hormones and calling himself Brittany (or another femme name starting with ‘B’) and declares he’s transitioning then I’ll consider him part of Team Trans.”
Roberts and others rightfully observe that Scott’s sudden public testimonial of his newly adopted Gender Identity beliefs appears insincere and mercenary. However unlike an individual who suddenly proclaims Judaism to access a protected legal right to compel an employer to give them the day off for Passover, the protected legal category of Gender Identity requires no evidence of authenticity. Duration of belief, performance of rituals, membership in a faith affinity group are objective criteria used to parse self-declared legally protected personal belief identities. Gender Identity requires no such objective criteria. Anyone can claim it at any time, even retroactively, purely on the basis of personal report of one’s feelings. Gender Identity offers legal protection to anyone who is willing to declare at any time that they:
- possess intellectual, psychological or behavioral characteristics which fail to conform to social stereotypes based on reproductive sex,
-believe such non-reproductive traits are inextricably caused by reproductive biology,
-draw the conclusion that reproductive biology itself is therefore not objectively observable.
This new protective legal status for “sex-deniers” has undermined, if not removed, the grounds for claims based on sex discrimination, or at least provided cover for the lack of political will to enforce anti-discrimination claims of women, who are overwhelmingly the victims of such sex discrimination. It is little wonder that femme gay man Scott decided not to pursue remedy via sex-discrimination suit although that is obviously what he was a victim of if his account of events is factual.
Instead of asserting his right to dress as he wished regardless of sex, Scott’s representatives found it more advantageous in this legal environment to argue that Scott’s right to wardrobe hinged on his self-concept of himself as reproductively (partially) female.
In Quebec last month, management consultant and butch lesbian Tommi Sojourner filed a Judicial complaint on the grounds of “Gender Identity” after an incident of apparent sex-based harassment that occurred in a bizarre courtroom exchange with a judge who insisted on referring to the claimant as male over and over and over again, even after correction by Sojourner and opposing counsel over a dozen times. Sojourner, who does not perform femininity, expressed that being repeatedly referred to as male – after multiple corrections- based on her failure to conform to female sex-stereotypes was insulting, sexist, and deliberately harassing. Further, she alleges that her case was not given an objective hearing due to judicial bias based on her sex-role nonconformity. This is sex discrimination. It is discriminatory for a judicial official to insist that a woman is actually a male due to the fact that she fails to conform to sex-based stereotypes of dress and behavior and it is harassment to continue to do so after being corrected more than a dozen times.
Sojourner’s claim rests on the fact that she is not transgendered. If she was a genderist she would have been well pleased by the judge’s repeated cross-sex identification of her, based on sex-stereotypical norms. Regardless, in the post-sex legal landscape where “sex-denial” is itself a protected category, her attorney thought it expeditious to utilize a Gender Identity claim vs. a sex discrimination case. By this erasure Sojourner was not discriminated against as a woman based on sex, or as a lesbian, but on the dis-acknowledgement of her own personal free-floating self-concept of herself as (like Scott) inhabiting “femaleness“.
If sex does not exist, sex discrimination does not exist. Class-action litigation based on sex does not exist.
With the elimination of the legal category of sex and the removal of sex-stereotyping as an actionable wrong, litigants have no choice but to seek protection under “Gender Identity” on the basis that formerly discriminatory (now protected) sex-stereotypes are being incorrectly applied to them based on personal testimony of their self-reported, objectively unobservable, sex reproductive “self-concept”.
This is legal political feminist backlash circa 2013.
August 2, 2013
CounterPunch WEEKEND EDITION AUGUST 2-4, 2013
There is No War
Sex is Not Gender
by ELIZABETH HUNGERFORD
Samantha Allen’s article, “Counterpunch and the War on Transgender People,” published in the Jacobin on July 10, 2013 and then republished on Salon the next day under the title “The hate group masquerading as feminists,” contains many emotionally-charged adjectives and strongly-worded assertions, but it is remarkably short on analysis and understanding. There is no war. As a gender critical feminist and an attorney, I have been analyzing the legal and medical conflation of gender with sex for years. The articles authored by Julian Vigo and published in CounterPunch last month are not “reactionary” or demonizing of trans people, as Jacobin’s editorial staff erroneously believes. Jacobin and Salon have both been used as proxies for hate speech against gender critical feminists and, unlike Counterpunch’s balanced ethos, neither publication acknowledges that Allen’s inaccurate article demands a response. The silencing of gender critical dissent has become so widespread that it has infected leftist and mainstream media outlets alike. As a result, I feel especially grateful to have the opportunity to answer Allen here.
By equating the speech of gender critical feminists with “bullying” and “contempt,” Allen materially misrepresents the positions taken by the women she references in her article. Allen actually calls for more people to recognize radical feminists as a hate group and then pointedly adopts the term Trans-Exclusionary Radical Feminist (TERF) to refer to them throughout the article. Make no mistake, this is a slur. TERF is not meant to be explanatory, but insulting. These characterizations are hyperbolic, misleading, and ultimately defamatory. They do nothing but escalate the vitriol and fail to advance the conversation in any way.
In fact, gender critical feminists raise very serious and legitimate concerns about essentializing gender roles as innate parts of ourselves. We also take issue with the construction of sex and gender as legally interchangeable. Further, gender critical feminists are as diverse a group of people as trans activists are. Vigo has never identified as a radical feminist, she is a queer theorist; and while a certain Internet user may appear to be “the chief TERF figurehead,” she is not my chief. What we all agree on, however, is that sex-based gender roles are oppressive social constructs– not natural states of being in need of protection and celebration– and that the well-documented threats of violence against women who defend women-only space are an abusive and unacceptable response to political disagreement.
Allen calls for radical thinkers to better “expose the flaws,” “dismantle,” and “repudiate” the gender critical arguments circulating in radical communities. In response, I’d like to radically deconstruct some of the allegations contained within Allen’s article– the one that Jacobin “stand[s] behind without reservation” and claims to be “so proud to publish.”
…if the anti-trans* rhetoric that has appeared on CounterPunch over the last two months were transposed onto gay or lesbian identity, leftists would instantly recognize it as homophobic. If Julian Vigo questioned the existence of “straight privilege” instead of the existence of “cisgender privilege,” she would be instantly shouted down by a chorus of gay-affirmative voices. If she posited that lesbians are “confused” in the same way that she argues that transgender folks “confuse sex with gender,” she would be shown the door at any leftist publication worth its salt.
There is no “anti-trans* rhetoric” in either article written by Vigo on CounterPunch. More importantly, this facile analogy brings no clarity to the discussion. Finding similarity between “straight privilege” and “cisgender privilege” evinces lack of understanding about the differences between sexual orientation and “gender identity.”
Heterosexual coupling requires both sexes by definition. “Straight privilege” therefore accrues to both men and women equally. “Cisgender privilege,” on the other hand, is a misnomer. Gender-conforming males are rewarded for masculine conformity. Masculine men are never oppressed on the basis of gender; or to say it another way: “cisgender” men are never oppressed on the basis of gender. The same does not hold true for women; it is the opposite. Women’s gender conformity does not protect us from oppression on the basis of gender. “Cisgendered” women are still routinely targeted for sexist treatment, harassment, and discrimination. The concept of “cisgender privilege” falsely posits men and women as social equals in regard to gendered oppression. It is an inaccurate explanation of how gender norms operate as a sex-based social hierarchy that devalues women. Talking about “cisgender privilege” simply does not make sense in the context of women’s relationship to gender and oppression.
Frankly, Allen seems to have missed the point of gender critical arguments entirely. Gay men and lesbians do not seek to define the essence and lived experience of another class of persons. By comparison, male-socialized transwomen wish to redefine the meaning of “woman” to include themselves. Gay and lesbian individuals do not demand that others suspend disbelief about the material reality of our bodies and lives. Nor do we claim homosexuality as a “condition” akin to a biological error that can or should be medically corrected. In fact, gays and lesbians fight to make social space for ourselves just the way we are. We fought to get homosexuality removed entirely from the Diagnostic and Statistical Manual of Mental Disorders (DSM) and we have opposed “conversion therapy” because pathologizing the individual for harmless social non-conformity is abusive.
In stark contrast, many trans people believe that they were born into the “wrong” body for their “gender identity” and seek to medically alter their anatomical sex to correct this urgent problem. This is the entire reason for hormonal “therapy” and surgery. Logically speaking, one’s gender or sexuality can only be “wrong” if there is also a “right” way to be. Describing certain sexual orientations or gender expressions as “wrong” when they manifest in individuals with certain bodies or genitals is to normalize the heteronormative status quo as the “right” way of being. It is to come full circle; it is conservative.
These are important and significant points of divergence between the political goals of gay and lesbian people and those of self-defined trans people. Allen glosses over all of this, lazily claiming victimhood as the ultimate political cause without really analyzing what she is arguing. Transwomen are no more a special brand of “endangered species” than butch lesbians are.
Again, it seems that Allen has some serious misconceptions about gender critical analysis:
Just like cisgender women, some transgender women adopt stereotypical gender roles and some do not. To single transgender women out for the perpetuation of gender roles is a leap in logic that can only be explained by a deep-seated, visceral form of contempt.
Clearly, Allen hasn’t read much feminist theory. If she had, she’d know that stereotypical femininity is regarded by many feminists as a harmful social construct that no person should adopt, perform, celebrate, or identify with. The critique is not limited to transwomen; it is directed at females as well. In other words, it’s not all about you. The “contempt” Allen inappropriately personalizes is rooted in an extensive history of ideological critique. A purported explanation that begins with a false premise, as Allen’s does, is over before it even begins.
Next, I want to shed particular light on Allen’s claims about biology:
Penises are not inherently male just as vaginas are not inherently female. Our bodies are not objective pieces of matter that pre-exist the inscription of social meaning; rather, our “beliefs about gender” inform the very notion that a penis is a male sex organ.
Contrary to Allen’s scientific fantasy that a penis is not inherently male, bodies are not purely subjective. Genitals are material realities that shape our lived experiences and social roles. Gender critical feminists do not have a commitment to the naturalism of gendered social roles; but many trans people do. Instead of claiming that the prefabricated binary gender roles of “man” and “woman” are essential parts of ourselves—which again, is a conservative view– gender critical feminists believe that these social roles are harmful constructs that constitute dangerous justification for the on-going oppression and dehumanization of women.
Anne Fausto-Sterling’s work is often invoked by trans activists, including Allen, who wish to make an argument about the physical diversity of human bodies. The existence of intersex people is undeniably real; however, critiquing gender essentialism does not depend on being able to identify a perfectly delineated reproductive binary. The point is that the social categories of “man” and “woman” are a perfectly delineated binary. No one escapes. Gender critical feminists therefore deconstruct the powerful cultural and individual effects of being socialized from birth on the basis of genitals into a binary gender system that strictly enforces heteronormativity. Lived experiences, especially those that are constantly reinforced the way that gender roles are, have lifelong effects.
Finally, I’d like to address my own work. As co-author of the letter to the United Nations Entity for Gender Equality and the Empowerment of Women referenced in Allen’s article, I am concerned that Allen has falsely represented the submission as an argument against– “yes, against”– legal protections for trans-identified individuals. A quick reading of the letter reveals that its specific purpose was to highlight the legal contradiction that occurs when “gender identity” is defined in such a way that it overrides or disregards sex as a legal category. The practical application of this new development, our primary concern, was that sex-based protections for females were therefore being eroded by the legislation.
This is clearly not a statement denying that trans people are discriminated against. It is a statement demanding concurrent recognition for the rights and needs of girls and women. Allowing the rights of one protected class– “gender identity”– to override those of another–”sex”– can and does cause conflicts.
File this one under “unintended consequences” for Lesbians, Gays, and Women’s Rights advocates living in Ontario. MPP Cheri DiNovo announced Friday that bill C-389, “Toby’s Act”, the 2012 bill she sponsored which intended to protect the rights of transgender persons, actually makes all same-sex gatherings illegal in the province. This will come as some surprise to many lesbians and gays who often exercise their rights to assemble freely in meetings, conferences, and social groups with other same-sex persons. In addition, DiNovo claims the right of Ontarian women to assemble in any same-sex gatherings: whether they be reproductive rights orgs, Islamic faith gatherings, or lesbian support groups- has been eliminated by her bill. She has appealed to the Ontario Human Rights Council to back up her legal position.
DiNovo made her announcement in response to male complaints surrounding a small group of feminists holding a female-only meeting in a Toronto art gallery. DiNovo characterized same-sex meetings as “reprehensible” and vowed to use Toby’s Act to eliminate and prosecute current and future same-sex gatherings of women or lesbians in the province. “I’m hoping that now under Toby’s law, this will be considered illegal.”
Somehow I doubt this was the intent of the women, lesbians and gays who supported DiNovo and the passage of Toby’s Act. Like Washington State’s Colleen Francis using that state’s non-discrimination act to exercise his “right” to expose his penis to schoolgirls in women’s locker rooms, Toby’s Act had the unintended consequence of eliminating the rights of women, gays, lesbians, muslims, feminists, to hold same-sex gatherings. Presumably this also eliminates the rights of transgender people to assemble in sex-segregated meetings, although DiNovo has not yet clarified that point. Planned Parenthood Toronto sponsored “Breaking Through The Cotton Ceiling” seminars for transgenders to strategize how to convince lesbians to accept sex with penises. The “cotton ceiling” in that case referred to the underwear of lesbians. These public meetings were restricted to male transgenders only.
Canada faces another set of unintended consequences with Bill C-279, the Federal Gender Identity Act, which is set for a vote in the next legislative session. This bill, like Toby’s Act, purports to eliminate discrimination based on “Gender Identity”, which is the right to identify with the social role of the opposite sex. Obviously this proposed new legal “sex-role” status is problematic for those – such as feminists and progressives- who believe stereotypes based on sex are antiquated, sexist, offensive, (not to mention they sanction inequality for women and girls). Many feel the government should not promote the belief that citizens should look/behave/think certain ways based on our reproductive sex (or our identification with the opposite sex). But what are the other, specific, legal consequences of Bill C-279, which like the erosion of women’s and gay rights to assemble caused by DiNovo’s Toby’s Act, might not become apparent until after the law is passed?
According to Senator Nancy Ruth, the first lesbian Senator in Canada, we already know what some of the unintended consequences of Bill C-279 will be. From the DailyExtra:
“Women and girls in Canada are not protected from hate speech under the Criminal Code, and this bill does not rectify that when it could,” Ruth said.
”For 35 years, across numerous bills, Parliament has told the girls and women of Canada that, despite alarming rates of violence against girls and women, violence that typically includes hate speech, they are not worthy of protection,” she explained.
”The omission is not an oversight. In 1985, the federally appointed Special Committee on Pornography and Prostitution said that there was ‘ample evidence’ indicating women were the targets of hate material. The committee recommended that the Criminal Code hate laws be amended to extend protection to women, but no Parliament has done that. Why? I have spoken before in this chamber about this gap in the law,” she continued.
”This bill will privilege men who choose to become women over women who are born female,” Ruth said. “While I do not question the good intentions of the sponsor and the supporters of the bill, I simply do not understand how they could advance this bill without including all women. Passage of Bill C-279 will mean that only if a woman is born a man who later chooses to identify as a woman will she receive protection, but a woman born a woman will not receive the same protection.“
Senator Ruth has proposed an amendment to Bill C-279 which simply maintains “sex” as a protected status along with “gender identity”. This will prevent sex-based protections for women from being eliminated by Bill C-279, in the way that Toby’s Act inadvertently eliminated the legal rights of women and lesbians to free assembly.
Women of Canada must not lose human rights in order to protect the rights of transgender people, due to sloppy lawmaking. The battle to reclaim women’s human right to assemble- that DiNovo claims was lost by the passage of Toby’s Act- will now start its long winding legal trail towards correction, after the fact. With Bill C-279 we have an opportunity to correct an unintended consequence before it occurs, and we have a lesbian Senator making a stand for our rights, right now. Do not leave her standing alone. She needs your support on this issue. Please organize to support Senator Ruth’s amendment now. Create awareness of the issue among women’s groups and legislators. Write letters to the editor. Contact her office and ask what you can do to help.
Let us protect the rights of all Canadians. Including the rights of Women and Girls.
[bolding by me-GM]
State vs. Feds: California assembly rolls back Title IX protections for female athletes, codifies sex-stereotypes into state law
May 11, 2013
The California assembly approved a measure that upends federal equality protections for government-funded sports programs based on sex. Bill 1266, sponsored by Assemblyman Tom Ammiano, replaces female equality measures with a “gender” based sports program which allows athletes of either sex to compete in women’s sporting programs based on their willingness to conform to, and proclaim adherence to, stereotypical social norms which the California government legally redefines as the definition of female-“ness”, regardless of actual sex. In doing so the state removes sex-based equality protections for female athletes and replaces them with state-mandated guidelines for behaviors, feelings and stereotypes that the state defines as “female”, regardless of sex.
Ammiano believes that reproductively female persons are a disposable class, and as such require no government representation or protection, despite vast objective data showing overwhelming systemic discrimination and marginalization of females socially, economically, and legally. The assembly approved Ammiano’s replacement of female as a protected class with a newly created class defined as individuals of either sex who claim to possess what lawmakers define as “female feelings”. In accordance with this premise the assembly ruled that facilities such as urinals and locker rooms should be used by students based not on anatomy – but on their willingness to adhere to the sex-based stereotypes, which are illegal under federal law Title VII.
Assemblyman Phil Ting explained his vote for the measure by citing the sex-based social role change of his (apparently courageous) staffer Heather: “This courageous person is a part of a courageous community. … We have to do everything possible to make sure we are supportive of that and support their courage.” [sic]
The California Assembly also approved in tandem a measure that provides state secrecy in name changes if those changes involve social sex-role change, due to the “humiliating” nature of such name changes. According to bill 55-16, name changes including those of convicted felons can bypass normal channels as long as such changes are attached to a claimant’s self-reported change in social role.
Men who state they are willing to adopt a female social role will now have their name changes bypass regular procedures used by name change applicants, as such changes will not appear in any legal court record or in media ledgers. “…the measure’s provisions are similar to the privacy options available to domestic violence and sexual assault victims,” Reports the Sacramento Bee.
Both bills will now head to the Senate.
ENDA the Employment Nondiscrimination Act was intended to be a Federal protection against employment discrimination against individuals who were fired- or not hired- by employers on the basis of homosexuality.
ENDA was passed by the House of Representatives in 2007 but transgender activists mounted a protest against it. They claimed the act did not support the rights of transgenders: those who believe conservative social sex-roles including behavior, interests and psychology now widely regarded as sexist and oppressive to females are instead biologically based on reproductive function and located in some scientifically yet undiscovered portion of the human brain (perhaps located near the “Negroid brain” of years past).
Legal protections for homosexuals contained the dangerous idea that female relations could be accorded the same legal status as relations accorded to men. This was an accidental and unintended byproduct of the male homosexual rights movement. Genderists protested (and sought to correct) this female right, and gay males supported them. Further, they claimed that females should have no legal status at all. Less than what they came with. They sought to undermine all political and legal rights for women.
They proclaimed that females didn’t actually exist. There was no such thing as a female human, even as those humans were being raped, enslaved, and thrust into a social caste system worldwide. They forwarded the political ideal that female was a state of mind. Females weren’t those fighting oppressive discrimination, violence, and sexual slavery based on their reproductive capacity. Rather, females were any individuals who enjoyed embodying or playing out the sexualized stereotypes forced onto women (even part time as a fetishized sexual role-playing leisure activity).
The men leading the gay rights movement were okay with this. Women were there to make the coffee and provide support (and be grateful) as far as men were concerned and if other guys wanted to support the male sexual rights agenda well then hell, the more the merrier. But they ran into the same political sticking point as they did with gay male sexual rights activists Harry Hays and Allen Ginsberg in their support of NAMBLA: Other fucking men. Hetero men.
Hetero Men didn’t like NAMBLA. Some men didn’t like the idea of other dudes sticking their dicks into male children. The Gay Rights movement crossed a line. Female children are fine – it’s accepted all around the world with nary a male shrug- but males? Some guys objected to male children being treated like female children.
Gay men were fine with the trans thing philosophically. What the hell do they care? Drag is da bomb. Fish is fish. And the whole “females don’t exist” thing is cool. Whatever! But some Hetero bros get upset when other dudes shower naked with their impregnable livestock. Because females actually do exist as impregnable property owned by men. Just like goats! Ixney on the IxDey on my wife dude. Keep your impregnator stick away from my livestock. Thems are mines to impregnate. I’ll be in charge of the animal husbandry, thanx.
Mara Keisling, the heterosexual running his National Center For Trans Equality explained the whole dicks in showers with your wife and daughters thing with the due diligence warranted. The whole right of women to say NOOOOOOOO to a dick-wielding dude in female spaces where exposure is unavoidable (showers, locker rooms) is a simple matter of a “small technicality”. That’s right bros. Small technicality. Get on board.
Keisling, a divorced father who followed the typical road to male womanhood (investment of 60 grand into facial feminization surgery from his savings as a middle aged man after a lifetime of sexualized crossdressing fantasy life) described the new penis in women’s showers version of ENDA as follows:
“There are small technical changes made to ENDA since it was last introduced in 2011. ENDA is being introduced in substantially the same form as it was in both 2009 and 2011, but there are some technical changes meant to reflect legal and other advancements that have occurred in ensuing years. The most significant change for transgender people is that we fought for and won removal of language that clarified use of showers and locker rooms “where being seen unclothed would be unavoidable.” None of the states that have passed and successfully implemented a gender identity anti-discrimination law includes such a provision, and neither should ENDA. NCTE will work tirelessly to make sure that members of Congress stay focused on the important and core issue of job discrimination and do not get sidetracked with extraneous and discriminatory issues like restroom use.”
That’s right folks! You won’t see this being reported by (male) LGBT sources. ENDA2013 is now officially PRO dick in women’s showers. Minor technicality of no consequence to those that matter: Men.
“Psychopaths never quit.” – Margaret Singer
Criminal memoirs, like parole hearings, are not usually known for their authenticity, honesty, self-reflection and accurate reportage. In the criminal memoir every hapless burglar is a master thief, every two-bit hood a mob capo, every sociopath a revolutionary.
Criminal memoirs are: Jack Henry Abbott waxing bromantically to Norman Mailer about the inhumanity of his incarceration -just prior to committing another murder, serial rapist Eldridge Cleaver expounding on the act of rape as a revolutionary act, Tex Watson intoning on the redemptive power of bible-believing among guys who hang pregnant starlets alive while cutting them open.
In the Crime Memoir sub-genre of the “wrongly convicted” the tropes are even more hackneyed as the memoir essentially serves as one long desperate attempt to explain away all that blood. Kosilek’s memoir is of the sub-genre category, flavored with a heaping dose of self-pity, narcissism and sociopathy.
Most of the U.S. “Son of Sam Laws” (enacted in the wake of serial killer David Berkowitz’ attempts to sell his story for profit) have been repealed or overturned on First Amendment grounds leaving murderers free to profit from the dubious celebrity of committing horrific acts and selling them for entertainment to an audience hungry for carnage. Any of the millions of average boring bastards that murder their wives are free to offer their suddenly compelling and unique tale on any of a number of online vanity publishing sites for a few bucks. Kosilek’s memoir “Grace’s Daughter” is one of those, and it was on just such a site that I found it. Yes, I persuaded a friend to kindly give Kosilek two dollars and ninety-nine cents for a copy of his tome. For that ethical indiscretion I am sorry.
I was curious though. Slightly curious. Under three dollars curious.
There are very few reasons to subject oneself to 400-plus pages of self-serving criminal lies. Some of these reasons may include curiosity about a particular crime or crime spree. Perhaps a historic crime is so distinct that the reader longs for some insight to explain the psychology of the perpetrators or details of the era (think “Symbionese Liberation Army“ or the “Manson Family”). Maybe an author relates an inside experience of the justice system and incarceration compellingly. Perhaps the perp is just an entertaining storyteller and a fantastic writer.
Kosilek’s memoir has none of that. Men like him who brutally decapitate their loving wives are, sadly, a dime a dozen. He is a terrible writer and a bad liar. But Kosilek has one thing going for him and his memoir: A judge has issued an order forcing the populace of Massachusetts to pay upwards of $100,000 (including surgery, travel, security including 24 hour hospital guards, post-op care, follow-up appointments both surgical and endocrinological, possible revisions) so that a decapitation killer can have his genitals cosmetically refashioned into a fleshy sheath for other men to stick their dicks into. Because the murderer thinks such a procedure will make him a woman, and the murderer has threatened to be upset and/or harm himself if his delusions are not indulged (and enabled) by the legal system and the public at large.
Again, there is nothing unique about that. Plenty of people believe doctors can perform actual changes of sex, creating women out of men and vice versa. Well maybe not plenty. But lots are willing to pretend they believe, or at least go along with the idea, out of politeness or the hope that doctors and judges know what the hell they are doing. And plenty of people think the presence of a fleshy sheath that men can stick their dicks into defines the female sex.
Perhaps in reading the 103,010 word tome I would gain a new understanding of Kosilek’s savagery and rage for the woman who loved him, who married him, the one whose decapitated body he dumped like so much trash before cooking and enjoying a delicious steak dinner with the victim’s unsuspecting son in the very space he had garroted her hours before?
There is no such thing as a pregnant man, ruled Judge Douglas Gerlach in Arizona court today. The judge rejected female “Pregnant Man” Thomas Beatie’s petition for divorce from her wife on the grounds that their marriage was a same-sex marriage, regardless of Beatie’s transgender legal status as “male”. Same-sex marriages are not recognized in the state of Arizona.
Thomas Beatie, 38, was a lesbian named Tracy Lehuanani Lagondino living in the state of Hawaii when she underwent surgical breast removal and began testosterone injections to masculinize herself cosmetically. Tracy had been a model and teenaged beauty queen with a strong belief in sex-based personality theory. There is no national criteria for changing legal sex in the United States and each state determines its own legal criteria. The state of Hawaii allowed her to change her birth certificate from female to male based on a note from her doctor that she had undergone cosmetic breast removal and synthetic hormone injections.
In 2003 Beatie married another woman, Nancy, and after stopping her testosterone injections, gave birth to three children via sperm purchased over the internet. In 2008 Beatie made headlines as “The First Pregnant Man”, appearing on the Oprah Winfrey show and selling her story to tabloids worldwide. The couple moved to Arizona.
Last March Beatie filed for divorce and began selling videos of her wife to tabloids – videos in which Nancy appeared to be intoxicated. Thomas claimed in her divorce papers that Nancy had punched her “in the crotch”, a charge that Nancy denied. The divorce proceedings were delayed because Maricopa County Family Court Judge Douglas Gerlach was unable to find a legal precedent or authority that defined a male as an individual capable of giving birth.
Today’s ruling reflects that reality: Males are not capable of giving birth. Transgender activists had sought to redefine sex as a matter of stereotyped cosmetic appearance or personality type rather than reproductive fact. Instead, the judge determined: “Thus, by urging that Arizona law equates a double mastectomy with a sex change operation, the Parties’ contention, if adopted, would lead to circumstances in which a person’s sex can become a matter of whim and not a matter of any reasonable, objective standard or policy, which is precisely the kind of absurd result the law abhors.”
The judge issued a separate ruling disolving the same-sex union and outlining child custody arrangements and child support. Nancy Beatie has stated that she is pleased with the result. Thomas Beatie and her attorneys will conduct a news conference about the ruling next week.
‘Transilience’ – Joelle Ruby Ryan University of New Hampshire Harassment Campaign Against Women : Call For Action
March 11, 2013
I am writing this today out of a deep concern for the rights of women, feminists and lesbians to speak publicly about issues that effect us. Specifically, I would like to address the actions of Dr. Joelle Ruby Ryan and his ongoing attempts to harass, bully, censor and silence women and feminists on the internet, and the University of New Hampshire’s apparent complicity in his outrageous and illegal actions which Ryan claims to perform under authority of UNH.
You may notice that this week’s post -where we discussed ‘Transilience’, Joelle Ruby Ryan’s new University of New Hampshire Health sponsored video- is no longer visible. Also missing are your comments in the discussion that followed. The reason for this is that UNH’s Dr. Ryan has filed a false, perjured, harassing copyright claim that he apparently hopes will re-write all previous first amendment rights. Here is a screen cap of the post in question:
Here is the entire text of that post, none of which Dr. Ryan had a problem with. It was succinctly titled “Transilience – Hilar!” and read:
“Joelle Ruby Ryan’s new autobiographical spoken word/stand-up routine.
Joe is the guy who teaches Women’s Studies at the University of New Hampshire who claims the word “female” is outdated and offensive, that there is no shared experience of oppression among women, and thus no class basis for a feminist movement. Joelle believes all female gatherings and spaces should be outlawed as discriminatory against males. More about Joe here:http://gendertrender.wordpress.com/?s=joelle+ruby+ryan
In this looong monologue, the 6 foot 6, 350 lb Ryan shares his youthful experiences being called a “fag” which somehow translates into discovering the sexxay of pantyhose on his shaved legs and a love of stilettos. He shares tales of blowing chunks of sushi all over during drunken binges, and reveals the peace he achieves taking long 4am walks around town alone.
Excerpt: “Mother Nature is a great teacher. I am continually amazed at the kindness and cruelty of the natural world. And by the breadth of diversity to be found within it. When I gaze at flowers I see so many different colors. When I look at trees I see so many different leaves and barks. When I look at stones, I see many different shapes and sizes. Some smooth, some rough. At the ocean, I marvel at the teeming life to be found in it’s depths. Each individual creature so unique, diverse, and crucial, to the well-being of the whole eco-system. Human beings come in many different colors, shapes, and sizes too. They also come in many different sexes, genders, and sexualities. And yet, the very vibrant diversity we can see so easily in the natural world, becomes much harder to see when it comes to human gender. Black or white. Either/Or. One or the other. Why can’t we transpose the brilliant hues we see in flowers to the myriad of genders we know exists in humans? I am an audacious orange flower blooming in the sun and delighting in the soft summer rain. I am also a person who demands the right to be ambiguous, fluid, and defiantly, boldly, queer. I almost never for instance wear breast prostheses. And while I wholeheartedly support the choice to do so, made by many of my sisters, I do not wish to wear silicone mounds on my chest to make others feel more comfortable.”
FORTY MINUTES of this, folks! ENJOY!
Posted by GallusMag
Here is a copy of the University of New Hampshire’s Dr. Ryan’s false DMCA claim [sic]:
Email Address: Joelle.Ryan@unh.edu
Location of copyrighted work (where your original material is located):http://www.youtube.com/watch?v=gZ7eeRCdX9k
First Name: Dr. Joelle Ruby
Last Name: Ryan
Company Name: Univesity of New Hampshire (UNH)
Address Line 1: 73 Main Street
Address Line 2: 203 Huddleston Hall
Zip/Postal Code: 03820
Telephone Number: 603-862-0272
Copyright holder you represent (if other than yourself): Self and UNH
Please describe the copyrighted work so that it may be easily identified: The film itself is embedded without my or the university’s permission, along with a copyrighted still from the film, and both are placed on a vicious hate blog which has a long history of defamation, hate-mongering, bigotry and threats against members of the transgender and transsexual community. I would never give permission for my film or stills from said film to be used on a hate site. Please remove the blog entry immediately.
Location (URL) of the unauthorized material on a WordPress.com site (NOT simply the primary URL of the site – example.wordpress.com; you must provide the full and exact permalink of the post, page, or image where the content appears, one per line) :http://gendertrender.wordpress.com/2013/03/07/transilience-hilar/
If the infringement described above is represented by a third-party link to a downloadable file (e.g. http://rapidshare.com/files/…), please provide the URL of the file (one per line):
I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.: Yes
I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.: Yes
Signed on this date of (today’s date, MM/DD/YYYY): 03/09/2013
Signature (your digital signature is legally binding): Dr. Joelle Ruby Ryan
You will immediately note a few things.
- Joelle Ruby Ryan identifies himself as a designated representative of the University of New Hampshire who is acting on authority of that institution.
- Ryan claims that using the “embed” function on YouTube videos is a form of copyright infringement. That is simply false. Not only false, but absurd. When University of New Hampshire Health (or anyone else) posts an embeddable public video: anyone, anywhere can embed that video on any site for any reason. You can read about that in an article titled “Court Rules That Embedding A Video Isn’t Copyright Violation” here: http://www.geekosystem.com/embedding-video-copyright-infringement/
- Dr. Ryan also claims that a still image from a public video, used for purposes of critique and discussion of that public media, is a form of copyright infringement. Again, an absurd claim that runs in opposition to all known First Amendment law. You can read about that here: http://en.wikipedia.org/wiki/Fair_use
You can also read YouTube’s standard terms of service which state:
Section 6 (C)
6. Your Content and Conduct
You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service.
I know, I know. You’re thinking “even a twelve year old knows these things Gallus”. And I agree. They do. We all do. We don’t need a PHD to know that folks- even those we disagree with- are allowed to post about and discuss public media campaigns issued by University of New Hampshire Health, or any other entity. Even your uncle sam’s wedding video could end up “going viral” once he authorizes it’s publication- it happens all the time. Free Speech!
So why is a self-declared agent of the University of New Hampshire filing perjurous, false, ABSURD legal documents against a small Lesbian Feminist blog?
The only conclusion I can reach is that Dr. Joelle Ruby Ryan may be falsely representing himself as an agent of the University of New Hampshire. I reach this conclusion because I think UNH attorneys would not authorize false and frivilous, perjurous claims against Lesbian Feminist bloggers. They might, wisely, consider such actions a form of stalking and harassment- actions which the University of New Hampshire may well be liable for.
I look forward to the impending legal proceedings which were initiated by an agent of the University of New Hampshire on the basis of their claim that posting a YouTube video on a blog is an actionable copyright infringement. I also look forward to the upcoming legal proceedings initiated by the University of New Hampshire against a Lesbian feminist blogger for publishing a still from a UNH Health video for purposes of critique and discussion.
When a publicly funded university mounts such an incredible First Amendment challenge to the rights of bloggers to embed, screen-cap, write about, discuss, and critique the media campaigns published by them one can only wonder in awe which of the University of New Hampshire attorneys authorized such an action. This promises to be a fascinating – even surreal- legal exercise. One which I suspect will not end in favor of the civil liberties restrictions being litigated by the University of New Hampshire and it’s agents.
In the meantime, while the attorneys do their work, I would like to ask for your help.
I would like your help in celebrating our most basic first amendment rights: as bloggers, as women, as feminists and feminist allies, as lesbians and as gays.
I call on you to protest the University of New Hampshire sanctioned harassment of GenderTrender and all other feminist, lesbian, and gender critical bloggers and blog readers by making a post that includes either the video ‘Transilience’ or a screencap of such.
Feel free to copy and paste this post on your own blog or tumblr blog. Feel free to make your own post sharing your thoughts and impressions of Joelle Ruby Ryan’s UNH Health video. Feel free to create amusing and charming memes featuring these materials. The key words here are “Feel Free”. Because it is legal, it is our right to do so, it is protected speech (University of New Hampshire claims notwithstanding). Let’s enjoy and EXERCISE our free speech rights as Feminists and Women and say NO to infringements of our civil liberties.
Thank you for your support.
The link to the fully and legally embedable ‘Transilience’ is here:
Massachusetts State Education Board issues unprecedented Gender Guidelines : enforcing legal sex-stereotyping in all public schools across the state
February 19, 2013
The State of Massachusetts Board of Elementary and Secondary Education released late Friday ( in a classic move used to avoid news cycle coverage) an 11 page document containing mandated guidelines on the implementation of legal “Gender Identity” which effective immediately- replaces legal sex of children with state-mandated sex “roles” based on outdated sex stereotypes, a practice which the Federal government has already rendered illegal and discriminatory(see Price Waterhouse).
It’s no wonder the Governor-appointed Board timed the release of this document to avoid media and public scrutiny: it contains possibly the most widespread state-sanctioned codification and enforcement of sex-role stereotyping enacted on the populace by a government body since the passage of Federal Title VII regulations which were specifically designed to prevent such a practice.
Specifically, as of Friday, legal sex of all primary and secondary students is eliminated and replaced with a legal category based on student adherence to sex-role stereotypical behaviors classified as feelings, thoughts, behaviors that the State of Massachusetts deems “male feelings” or “female feelings”. “Male behaviors” and “Female behaviors”, “Male thoughts” and “Female thoughts”. Truly remarkable.
“A gender marker is the designation on school and other records that indicates a student’s gender. For most students, records that include an indication of a student’s gender will reflect a student’s assigned birth sex. For transgender students, however, a documented gender marker (for example, “male” or “female” on a permanent record) should reflect the student’s gender identity, not the student’s assigned sex. This means that if a transgender student whose gender identity is male has a school record that reflects an assigned birth sex as female, then upon request by the student or, in the case of young students not yet able to advocate for themselves, by the parent or guardian, the school should change the gender marker on the record to male.”
The State of Massachusetts now officially subjects all students who fail to conform to sex-role stereotypical feelings, thoughts, and behaviors, to the state classification “transgender”.
“Transgender: an umbrella term used to describe a person whose gender identity or gender expression is different from that traditionally associated with the assigned sex at birth. “
Further, the guidelines eliminate all Federal sex-based protections for female students (example: Title IX which guarantees equal funding of educational programming based on sex; female rights to sex-segregated showers, locker rooms, toilets).
The guidelines mandate that female students must shower with and undress in the presence of male students during mandatory physical education programs. If the girls refuse, they are to receive state-mandated counseling sessions designed to overcome their resistance. Should the girls persist in refusal to shower and change clothing in the presence of male students or if they fail to pretend a male is female they will receive state-sanctioned disciplinary actions against them which will effect their participation in the public educational system.
“In all cases, the principal should be clear with the student (and parent) that the student may access the restroom, locker room, and changing facility that corresponds to the student’s gender identity. “
“Some students may feel uncomfortable with a transgender student using the same sex-segregated restroom, locker room or changing facility. This discomfort is not a reason to deny access to the transgender student. School administrators and counseling staff should work with students to address the discomfort and to foster understanding of gender identity, to create a school culture that respects and values all students. “
“The student John Smith wishes to be referred to by the name Jane Smith, a name that is consistent with the student’s female gender identity. Please be certain to use the student’s preferred name in all contexts, as well as the corresponding pronouns. It is my expectation that students will similarly refer to the student by her chosen name and preferred pronouns. Your role modeling will help make a smooth transition for all concerned. If students do not act accordingly, you may speak to them privately after class to request that they do. Continued, repeated, and intentional misuse of names and pronouns may erode the educational environment for Jane. It should not be tolerated and can be grounds for student discipline. “
All female sports teams in the State of Massachusetts will henceforth be open to male students, on the condition that the male student professes an “earnestly felt belief” that he conforms in some way to stereotypical sex-roles traditionally assigned to females (at least sometimes: his sex-role feelings may wax and wane throughout the day and the guidelines explicitly support this).
“Where there are sex-segregated classes or athletic activities, including intramural and interscholastic athletics, all students must be allowed to participate in a manner consistent with their gender identity. “
“The statute does not require consistent and uniform assertion of gender identity as long as there is “other evidence that the gender-related identity is sincerely held as part of [the] person’s core identity.” “
“Confirmation of a student’s asserted gender identity may include a letter from a parent, health care provider, school staff member familiar with the student (a teacher, guidance counselor, or school psychologist, among others), or other family members or friends. A letter from a social worker, doctor, nurse practitioner, or other health care provider stating that a student is being provided medical care or treatment relating to her/his gender identity is one form of confirmation of an asserted gender identity. It is not, however, the exclusive form upon which the school or student may rely. A letter from a clergy member, coach, family friend, or relative stating that the student has asked to be treated consistent with her/his asserted gender identity, or photographs at public events or family gatherings, are other potential forms of confirmation. “ [Photographs illustrating what? One presumes illustrating the child engaged in some form of culturally sex-stereotypical dress or behavior-GM.]
The guidelines mandate and codify differential social role treatment of girl and boy students by all teachers and administrators based on sex and on student adherence to sex-role stereotypes.
“In most situations, determining a student’s gender identity is simple. A student who says she is a girl and wishes to be regarded that way throughout the school day and throughout every, or almost every, other area of her life, should be respected and treated like a girl. So too with a student who says he is a boy and wishes to be regarded that way throughout the school day and throughout every, or almost every, other area of his life. Such a student should be respected and treated like a boy. “
This government document explicitly equates legal protection from sex-based discrimination for women and girls as “discriminatory” to those who “profess a strongly held belief” in sex-role stereotyping and discrimination.
The government of Massachusetts, in accordance with the above premise, removes and eliminates all sex-based protections (both state and federal) for females against sex-discrimination. This policy is a stunning example of how the new legal category “Gender Identity” or “Sex-Role Identity” is directly in opposition to female legal protections and recourse against discrimination based on sex. It elevates discrimination against females to a protected category while eliminating all hard-won feminist gains against the practice of mandating legal status based on sex stereotypes.
These new guidelines, which apply to all public primary and secondary students in the public school system, are based on the Massachusetts State Legislature policy giving special legal status to individuals who profess a strongly held belief in stereotypical “Sex-Role Identifications” in its 2011: An Act Relative to Gender Identity (Chapter 199)
That law held that individuals should not be discriminated against based on their “consistent and uniform assertion” and “sincerely held belief” in sex-role stereotypes or “gender”. That is what the law states. But what it actually DOES, if one looks at the statute, is create a legal status based on stereotypical sex-based (and discriminatory!) social ROLES as a REPLACEMENT for legal sex. See the laws related to sex which were amended to replace biological sex with “sex-role” or “gender”:
SECTION 3. Section 89 of chapter 71 of the General Laws, as so appearing, is hereby amended by inserting after the word “sex”, in lines 91 and 320, in each instance, the following words:- , gender identity.
SECTION 4. Section 5 of chapter 76 of the General Laws, as so appearing, is hereby amended by inserting after the word “sex”, in line 10, the following words:- , gender identity.
SECTION 5. Section 12B of said chapter 76, as so appearing, is hereby amended by inserting after the word “sex”, in line 185, the following words:- , gender identity.
SECTION 6. Section 3 of chapter 151B of the General Laws, as so appearing, is hereby amended by inserting after the word “sex”, in lines 17 and 61, in each instance, the following words:- , gender identity.
SECTION 7. Section 4 of said chapter 151B, as so appearing, is hereby amended by inserting after the word “sex”, in lines 3, 69, 82, 87, 96, 103, 136, 163, 169, 179, 226, 233, 243, 339, 349, 353, 359, 485, 495, 505, 661 and 670, in each instance, the following words:- , gender identity.
The Massachusetts law does not explicitly define “Gender”. Here is the World Health Organization definition:
What do we mean by “sex” and “gender”?
Sometimes it is hard to understand exactly what is meant by the term “gender”, and how it differs from the closely related term “sex”.
“Sex” refers to the biological and physiological characteristics that define men and women.
“Gender” refers to the socially constructed roles, behaviours, activities, and attributes that a given society considers appropriate for men and women.
To put it another way:
“Male” and “female” are sex categories, while “masculine” and “feminine” are gender categories.
Aspects of sex will not vary substantially between different human societies, while aspects of gender may vary greatly.
Some examples of sex characteristics :
- Women menstruate while men do not
- Men have testicles while women do not
- Women have developed breasts that are usually capable of lactating, while men have not
- Men generally have more massive bones than women
Some examples of gender characteristics :
- In the United States (and most other countries), women earn significantly less money than men for similar work
- In Viet Nam, many more men than women smoke, as female smoking has not traditionally been considered appropriate
- In Saudi Arabia men are allowed to drive cars while women are not
- In most of the world, women do more housework than men
The definition of“Gender” is sex-role stereotyping. Gender is “the socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for men and women”.
“Gender Identity” is “Sex-Role Identity”.
While all Massachusetts citizens are entitled to their personal sex-role beliefs or identifications, the State has no business promoting sex-role beliefs, which are by their very nature stereotyping and inherently discriminatory against women.
Sex role stereotyping is bad for women and girls. Many of the legal protections for female students that are being eliminated state-wide by this document were designed to counter some of the negative effects of sex-role stereotyping, for example the lack of equal funding given to girl athletes based on the sex-role stereotype that females are not athletic, or that females should not exhibit behaviors that are competitive. Title IX was created to counter sex-based discrimination policies enacted for decades by public educational institutions.
Feminists support the abolition of sex-role stereotypes. Feminists do not support social policies which conflate sex-role stereotypes with reproductive sex.
When the state mandates that children should be treated differently based on arbitrary, sexist stereotypes, when the state educational system declares against all known science and fact, that those who do not abide sex-role stereotypes must not actually be male or female sexed, when the government disciplines children for acknowledging biological reality and scientific fact in an educational system, when the government mandates that girls – at least one quarter of which will be sexually assaulted by a male in her lifetime- receive state-mandated psychological counseling to impress upon her that her discomfort showering with male high school students is evidence that she has a psychological dysfunction (!) and that the state will discipline her if she continues to express fear (!!) FEMINISTS DO NOT SUPPORT THIS.
Women, Women’s Rights Activists, Concerned Parents, Feminists call on the State of Massachusetts under Governor Deval Patrick to:
- Compel the State Board to develop guidelines that protect the rights of students and parents to hold strongly held sex-role beliefs
- WITHOUT codifying those personal, private sex-role beliefs into state law,
- WITHOUT eliminating sex-based protections and rights of female students (Title IX protections, right to sex-based changing rooms, restrooms and other spaces sex-segregated for female safety)
- WITHOUT inflicting state-sponsored discipline or punitive psychological “counseling” treatments on children who do NOT share the strongly held sex-role beliefs of others, and who do NOT believe that biological sex is maleable,
- WITHOUT forcing children through power of the state to comply with sex-role stereotypes,
- WITHOUT mandating that teachers, administrators, and others acting under authority of the state treat male and female students differently according to “the socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for men and women”, many of which are designed to restrict female equality.
You may contact Governor Patrick here:
Massachusetts State House
Western Massachusetts Office of the Governor
Office of the Governor
Read the full 11 page PDF by clicking here:
So the headline reads.
These sorts of stories always catch my eye, because in my years of reporting on gender trends I have learned that the facts behind the story are often more complex than the headline would imply. The first thing I assume in reading a headline like this, is that whatever bathroom incident occurred, it did NOT occur in a mensroom. I make this assumption because I’ve never seen a “bathroom incident” reported where a male transgender was “abused” or ejected from a men’s bathroom.
One would think with the transgender movement’s primary, number one issue being male access to women’s lavatories and locker rooms (and other public spaces segregated by sex for female protection against male predation) that the evidence of NEED to access such spaces- for example evidence of attacks on those males who wear female clothes into men’s lavatories- would be widespread. Or at least exist at all. To my knowledge no such incidents have been reported. I have asked trans activists repeatedly to provide evidence of the danger to males using male restrooms, even if they wear women’s clothes, but none has ever been able to locate any cited incident.
If there is criminal report involving a male transgender and a restroom it is pretty much assured that the incident involved women taking issue with a member of the violence and rape class (males) inserting himself into spaces sex-segregated to keep him out.
As transgender male rights activists are fond of pointing out: laws don’t prevent all crime from happening (much as laws against speeding don’t cause all drivers to obey the speed limit). Men still rape, assault, murder, peep, install hidden cameras, etc. in women’s restrooms BY THE SCORES even with laws against it. I can cite dozens if not hundreds of such reported, citable cases on a weekly basis, 52/365, even though such “incidents” are so common they are seldom reported, much less investigated. Some of those cases involve transgender males.
Are all males (including the transgender variety) violent rapists? No. Of course not. But a shockingly high percentage of males are, and females (those of us who have survived so far) are very well aware of this objective fact every waking moment of our lives. We are aware every time we walk to our car in a parking lot, when we go out alone at night, when we leave our drink at the bar, when we accept a lift home from that seemingly nice man, when we see that guy talking to our kids. Every time a woman leaves home – or even IN her home: are the windows locked? Drapes pulled?- she measures her proximity to her impending rape, torture, murder, by those committing rape, torture, murder at an epidemic rate: Males. And she knows her rape, torture, murder, should it occur, will likely go completely unpunished by the male power structures that she will appeal to for protection and justice. Every woman knows this, in every country, every region, every town and neighborhood and home. So when we read the headline “Trans Woman student Abused and shoved out of toilets” we know it really means “Women acted with self-preservation against male who behaved in a threatening manner”.
This latest story, picked up by PinkNews, the Montreal Gazette, Leeds Student Org among others portrays a tale of discrimination and persecution against a male by those awful irrational and hateful bullies: women. Stupid, bigoted rape-avoiding women who trust their own instincts of self-preservation.
From PinkNews : “A trans woman student at Leeds University was verbally abused and pushed out of the Student Union’s female toilets by two girls. “
Wow. So a grown person was attacked by two female children? Nope. The adult (“woman”) in this case is a 21 year old man and the “girls” are females also of adult age.
More from Pink News : “According to reports, Alexis, a Microbiology student who was transitioning from male to female, was shouted at and shoved in the chest by two girls, during a night called Fruity.
She said: “I’m very angry at those girls. I know better than anyone that I don’t look like a girl yet. Misgendering me is something I expect, but grabbing my breasts and shoving me is completely unacceptable. It’s wrong for a natural-born girl to insult a trans girl, especially one who prefers to dress more masculine, simply because she likes to. We’re doing the best we can – you’re lucky to have been born that way, and we can dress however we please, just like you”, Alexis added.”
Golly. This is an angry man. He commented on the Pink News site stating that he is “out” to everyone as being trans and that the women he frightened are “bitches” :
Alexis Lilith Starr aka Protoman2050 aka Douglas Pereira is a 21 year old man from Long Beach, CA whose “gender identity” is that of a man, who “loves” his dick and has no intention of “passing” (in the lingo of transactivists) as the other sex. As some transgender males do, he describes his penis as a “Click” (an amalgomation of “clit” and “dick”) and signs all his comments with the following statement “I’m more of a man than you will ever be, more of a woman than you can handle, and my damn click will break your jaw”.
Douglas started taking estrogen pills in November. As of last month he bemoaned the lack of any apparent physical changes to his 6’1″ male frame. Among his many recent public posts, many to psychology sites inquiring if he may have a sociopathic disorder due to his lack of empathy and ethics, he has expressed his desire to become a “shemale” escort after completing his Phd.
“Probably by the end of this, I’ll end up pretty much as a “chick with a dick who isn’t a chick”. Thin yet toned, small breasts (that can easily be bound when the situation requires it) androgynous dress, yet be legally and, for the most part, socially male.”
“Who said I wanted SRS? I’m actually an androgyne (mentally both male and female, yet also neither), and I’m adjusting my body type to make that known. I love my penis too! Can’t imagine not being able to pee standing up. So yeah, I’m going to become an “it”.
So, dude is a dude that is doing some body mods to get his freak on. The whole “I’m a tragic fellow who’s a lady born in a male body who will kill myself unless you enable me medically and surgically and socially to cosmetically appear female in which case I will be a well-adjusted guy instead of (insert threat) is total crap. This is a dude that wants some body mods. The whole “female in a male’s body” trope that worked 50 years ago doesn’t apply any more. These dudes are in no way female. They never were.
I’m going to go right out on a limb here, and flat out state that NO WOMAN EVER wants to change her tampon in a room with a guy whose most important statement about himself is that his beloved penis is a weapon that can fracture bones.
Is that “transphobic”? Who gives a crap. Seriously.
There was another story this week posted by The Advocate from a man complaining about the self-preservation instinct of women against the epidemic of male rape and assault. In this story- sponsored by an LGBT news outlet – a man named Riki Wilchins complains about and mocks women for trying to protect themselves against an epidemic of male rape and violence so pervasive that we call it culture. As in rape culture. He opines at length that women who become alarmed at creepy men like himself and Doug in female restrooms are “crazy”.
Wilchens is known as the organizer of the largest transgender activist project in the history of the transgender movement.
What project would that be?
What brought more trans activists together than any other cause?
The fight for equal rights in employment, housing, freedom from male violence?
No. Reflective of the core of trans activism (whose most crucial goal is the abolishment of female rights of assembly and political organizing to protect women against male rape and violence) the largest most populous cause in the entire history of the transgender movement is “Camp Trans”- designed to harass a small annual private women’s music festival (Michigan Women’s Music Festival) and protest female rights of assembly. Wichen’s entire activist life has been devoted to eliminating the rights of females to assemble and organize in the United States. And the male powers that be- a government overwhelmingly- over 80% male! – have given him a legal marker “female” to assist him.
Riki’s bathroom story sponsored by the Advocate bemoans stupid rape-avoidant women who react to him, a male who presents as a male- the same way they would react to any male aggressively injecting himself into spaces sex-segregated for female safety. His tale of whoa ends with an anecdote where even he was taken aback once by another man who entered the women’s bathroom and pulled down, then removed his pants exhibition-style in the middle of the room. But wait! The man then pulled a dress out of his bag! So he was really a lady! Inside his own mind and stuff! So this dick-waving rape-tastic man in a female space was OKAYYYY. Because: dresses!
Wilchens describes his experiences frightening women as a male-appearing man who now uses the women’s room just for fun:
“I never had to worry about all this because for a long time after I transitioned, I worked hard at presenting as feminine a face as possible.
I say “worked,” because if you’re born into a boy body, then suddenly trying to make it appear reasonably female in your mid-30s is no walk in the park. While I fooled no one, I at least achieved a degree of tolerance from almost everyone.
I could saunter confidently into any restroom that had that outline of a little woman, standing primly in her A-line skirt with her hands at her sides and feet together — you know, the way cisgender women often stand in front of public elevators — and know that if I wasn’t her sister, at least all my effort had purchased another Day Pass to FemaleLand. I drew stares, but not blood.
But gradually that effort evaporated. Strip the long hair, earrings, lipstick, mascara, and blush off most cisgender women and you still usually pretty much see a woman. Strip them off me and what you see is … Richard. And no matter how feminine I feel inside, Richard gets no Day Pass. Richard sauntering confidently into the women’s room is … chaos.”
All but three states in the US – all governed overwhelmingly by males for male interests- allow men like Riki to change their legal sex marker (sometimes with various caveats- cosmetic medicalization for example) to allow men like Riki to better lobby against the rights of females to assemble and organize against male rape and violence. In the UK and some states in the US a man’s simple say-so allows him to act as an agent against the female right to organize and assemble. The primary goal of the transgender movement is elimination of scant female rights to assemble and organize away from males in countries where those rights have been enabled. In the UK all female rights of assembly away from males have already been removed.
What possible reason does a man like Doug or a man like Riki/Richard have to use the female facility? What right to infringe on the rights of females to assemble and organize and be protected -at least nominally- from male encroachment? Even if one believes the myth (absent all evidence) that men are at risk using the men’s facility when they believe themselves in their minds to be women or sport women’s clothes, neither of these men are distinct from any other man to any objective person by any measure. Nor do they claim to be. These men are male, are perceived as, and treated as the males they are every moment of every day. These males face no discrimination whatsoever using the male facilities. They are males, who appear male. They make no claim otherwise. They themselves admit that there is no reason whatsoever, no fear of discrimination or harm whatsoever in using the male facilities allotted for males.
These are the heros of the transgender movement whose sole purpose, whose primary “right” is to prevent women from acting out of common-sense self-preservation against males who behave in ways which indicate that they are predators.
Support women against rape. Support women against rape and violence that is so epidemic and accepted that we call it culture. Do so by protesting the trans-politic whose goal is to criminalize normal female common-sense measures of self-preservation against men whose greatest self-proclaimed attribute is the ability of their rape-sticks to fracture bones. Repeal public policies that enable men to criminalize female self-defense. Repeal policies that allow dudes to render female self-preservation illegal. Repeal legal change of sex designed to remove basic civil rights of women to congregate. Legalize the rights of females to defend ourselves.
Women have the perfect right to eject men from women’s toilets.
January 30, 2013
Sex discrimination demands particular kinds of behavior from one sex, but prohibits the same behavior from the other sex.[i] For example, wearing dresses is ok, but only for females; engaging in sexual relations with females is ok, but only for males. Legal prohibition against sex discrimination encompasses the social policing of both homosexuality and sex-role (or gender) non-conformity.
Instead of isolating gender non-conforming and gender dysphoric people as a disordered class of persons whose defining characteristic is their departure from normative sex role behavior or appearance, we should recognize enforcement of sex role limitations as universal violations of our human rights—even when they are supported by medical professionals.
The Right to “Gender Identity” : A Clash with the Rights of Women – submission to the Human Rights and Anti-Discrimination Bill – Professor Sheila Jeffreys
January 12, 2013
Submission to the public consultation on the Human
Rights and Anti-Discrimination Bill 21 December
From: Professor Sheila Jeffreys, School of Social and Political Sciences,
University of Melbourne. Author of a number of book chapters and refereed
journal articles on transgender politics and law.
The right to ‘gender identity’: a clash with the rights of women
This submission addresses the addition of a new ‘protected attribute’ in the
Human Rights Bill, that of ‘gender identity’. The protected attribute of ‘sex’,
under which women are protected from discrimination, is still in the list, but
adding the new category of ‘gender identity’, could potentially create a clash of
rights between male-bodied transgenders on the one hand, and those
disadvantaged on the grounds of sex, women. In other jurisdictions, such
legislation has seen the emergence of successful legal challenges in which
malebodied transgenders have sought access to spaces previously reserved for
women, including women’s services such as sheltered housing, women’s toilets
and women’s prisons.
The demands of transgender activists to have ‘gender identity’ included in
human rights legislation were first articulated in detail in the US in the 1995
International Bill of Transgender Rights (Frye, 2000). It demanded the right to
express the ‘gender identity’ of choice in whatever way the exponent desired,
particularly in any spaces previously reserved for women. An important right in
the Bill is that of entering spaces set aside by or for women, ‘The Right of
Access to Gendered Space and Participation in Gendered Activity’ (Frye, 2000:
Since then, equality and human rights legislation has been updated and created
in states across the western world that incorporates the ‘right’ to express ‘gender
identity’. Women’s and feminist groups are not invited to contribute to
consultation on such changes as if they would have nothing relevant to say,
despite the fact that men may, under such legislation, gain the right to be
recognised in law as ‘women’. Women are the ‘absent referent’, not officially
referred to, despite the fact that it is ‘women’ that the majority of those persons
who wish to express their ‘gender rights’ seek to emulate. There is no
suggestion in legislation advancing a right to gender identity that women will be
included in or advantaged by the developments. Rather, in an increasingly
vigorous feminist challenge, critics argue that such legislation creates two
singular difficulties for women’s interests (Brennan and Hungerford, 2011). It
removes the possibility of women only spaces, and it promotes gender
stereotypes that have long been recognised by feminist theorists as the basic
organising mechanism of male domination (MacKinnon, 1989; Jeffreys, 2005).
The definition of gender identity in the Australian 2012 Draft legislation clashes
with protections on the basis of sex, through a confusion of the two categories.
Gender identity will cover people, ‘born as one sex who identify as another
sex’, in other words it is a mental condition. There is no requirement that to
acquire protection on the grounds of gender identity, a person should have
embarked upon hormonal or surgical treatment to change ‘gender’. Indeed it
does seem likely to cover both those men who cross-dress occasionally, or on
the weekend, as well as those who do so on a more permanent basis. Women’s
need for sex-segregated spaces that offer protection for women’s dignity and
privacy, and which take account of the vulnerabilities that women suffer in a
society in which too many men are violent towards women and girls, has
generally been recognised in exceptions to anti-discrimination legislation. The
right to gender identity, however, has the potential to void this protection. Read the rest of this entry »