December 29, 2015
The latest in the ongoing saga of the contentious new transgender student policy at the Virginia district. This is actually pretty funny. Apparently the district never defined the newly protected category of “Gender Identity” but they did warn students in the Student Handbook that they will be suspended if they discriminate against it. The suit, filed December 21 by district resident Andrea Lafferty of the Traditional Values Coalition hinges on that fact, and also that the state has a legal principal, “Dillion’s Rule” that prohibits municipalities from creating their own protected classes.
The LOLsuit’s plaintiffs are Lafferty, Fairfax County high school student Jack Doe, his parents John and jane Doe, and his friends, also John and Jane Doe. [PDF]
From the complaint:
“68. On May 7, 2015 “gender identity” and “gender expression” were added to the Booklet as grounds for student discipline, but Defendant did not define “gender identity” or “gender expression” anywhere in the Booklet. (Exhibit F).
- Neither “gender identity” nor “gender expression” are defined in the Virginia Constitution or Code of Virginia, including Section 22.1-279.3 which Defendant cites as the authority for drafting and revising the Booklet.
- Jack Doe is particularly distressed about the Board’s decision to add “gender identity” to the non-discrimination policy and to the student code of conduct because “gender identity” is not defined in either the policy or the code, so Jack Doe has no idea what words or conduct might be interpreted as discriminating on the basis of “gender identity,” and therefore does not know what speech or conduct might subject him to discipline, including suspension.
- Jack Doe is distressed about the Board’s decision to add “gender identity” to the non- discrimination policy and student code of conduct because he understands that the decision will mean that the restrooms, locker rooms and other intimate spaces set apart, respectively, for boys and girls, will now be open to students who might have the physical features of one sex but are permitted to use the bathroom of the opposite sex which the student “identifies” as, whatever that means.
- Because the new policy and code of conduct are not sufficiently defined, Jack Doe has no way of knowing whether he can, for example, question someone who appears to be a girl using the boys’ restroom or locker room, refer to someone by a certain pronoun or even compliment someone on his/her attire without being subject to discipline for “discrimination.”
- Jack Doe is nervous about having to think about every statement or action and its potential sexual connotations to third parties before interacting with students and teachers, and the prospect of having to interact in such an uncertain environment creates significant distress to the point that it adversely affects his ability to participate in and benefit from the educational program.
- Jack Doe is terrified of the thought of having to share intimate spaces with students who have the physical features of a girl, seeing such conduct as an invasion of his privacy, invasion of fellow students’ privacy and a violation of the though patterns and understanding about male and female relationships which are part of his cultural values.
- Because of Defendant’s actions, Jack Doe cannot regard school as a safe place where he can learn what he needs to be a productive and well-educated adult without fear of harassment, being charged with harassment, and having his speech and conduct chilled by the fear of reprisals or of discipline for unknowingly violating the ambiguous code of conduct.
- Jack Doe’s ability to fully and freely participate in and benefit from the school’s educational program has been significantly diminished by the Defendant’s actions in adding the undefined terms “gender identity” and “gender expression” to the non-discrimination policy and student code of conduct.”
August 29, 2015
January 11, 2015
Organization Intersex International: Transgender people using “brain sex” theories damage the Intersex community’s ability to organize
July 26, 2014
By Morgan Carpenter, new Director of Organization Intersex International Australia:
Intersex, brain differences, and the transgender tipping point
5 June 2014.
Over a decade ago, intersex and trans activist Raven Kaldera wrote that trans people seeking classification as intersex might be seeking legitimisation, as if a physical cause is necessary to obtain social or familial validation. He said that trans people using brain sex theories to claim intersex status were basing a political stance on unproven science and damaging the intersex community’s ability to organise.
We might hope that times have changed, with the amazing Laverne Cox appearing on the cover of Time magazine, as it declares The Transgender Tipping Point. This is great news (also, we can’t wait for the next series of Orange is the New Black) but, sadly, a high proportion of enquiries that we get at OII Australia, a national intersex organisation, are still from trans folk seeking biological validation for their identity.
Intersex is a term for innate physical differences in sex characteristics, known controversially to medicine as “Disorders of Sex Development” and historically as hermaphroditism. At least 30 or 40 genetic differences causing intersex traits are known to science. Intersex is not defined as a gender identity. Intersex people have all sorts of gender identities, just like trans and other people. Some intersex people have non-binary gender identities, just like some trans people, but most intersex people are men or women.
Correlations between brain sex differences and same sex attraction in men, and trans gender identities in women, have been widely reported over a long period of time – yet there’s still controversy even regarding the notion that men and women have different brains. Given the known biological basis of many intersex variations, much of the research on causes of homosexuality has been carried out on live foetuses and infants with intersex traits.
Late last year, a neuroscience study inspired headlines proclaiming, “hardwired difference between male and female brains could explain why men are “better at map reading” (And why women are “better at remembering a conversation”)”. Cordelia Fine writing at The Conversation shows how the reporting and the study itself, of nearly 1,000 people, inflated very modest differences into something “tediously predictable“. In reality:
In an larger earlier study … the same research team compellingly demonstrated that the sex differences in the psychological skills they measured – executive control, memory, reasoning, spatial processing, sensorimotor skills, and social cognition – are almost all trivially small…
the social phenomenon of gender means that a person’s biological sex has a significant impact on the experiences (including social, material, physical, and mental) she or he encounters which will, in turn, leave neurological traces.
The more research that is conducted, the more clear is the evidence that brains are plastic. Differences are often over-stated, especially where results fit social preconceptions, but brain structures change according to circumstance and repeated activities.
Studies in recent years have found that a short eight-week mindfulness meditation program changed the brain structures of 16 participants, while other studies have found brain differences in active longer-term meditators. Scientific American has collected some good links.
More recently, a study in Israel has found that parenting rewires the male brain, particularly those of gay men: “the experience of hands-on parenting, with no female mother anywhere in the picture, can configure a caregiver’s brain in the same way that pregnancy and childbirth do“. In heterosexual men, brain differences were “proportional to the amount of time they spent with the baby“.
Laverne Cox said in that Time interview (via The Guardian):
If someone needs to express their gender in a way that is different, that is OK, and they should not be denied healthcare. They should not be bullied. They don’t deserve to be victims of violence … That’s what people need to understand, that it’s okay and that if you are uncomfortable with it, then you need to look at yourself.
It’s time for a bit more pride, and time for phone calls seeking validation based on brain sex to stop.
Biological validation doesn’t improve access or quality of healthcare. Testing for biological differences creates its own risks. Basing a human rights campaign on being “born that way“, or not being able to help being different is undeniably seductive, but we all deserve human rights whether we’re born a particular way or not. It shouldn’t depend on your genetics or your brain structure any more than your gender expression or what you choose to wear.
- Raven Kaldera (c.2000-2004) Dangerous Intersections
- Katy Steinmetz (29 May 2014) The Transgender Tipping Point in Time Magazine
- Simon LeVay (30 August 1991) A difference in hypothalamic structure between heterosexual and homosexual men in Science 30 August 1991: Vol. 253 no. 5023 pp. 1034-1037. DOI: 10.1126/science.1887219
- OII Australia (29 April 2014) Submission on the ethics of genetic selection against intersex traits, includes material on research on the causes of homosexuality using foetuses and infants with intersex traits.
- Christie Nicholson (22 January 2011) Meditation Correlated with Structural Changes in the Brain in Scientific American
- Eileen Luders, Arthur W. Toga, Natasha Lepore and Christian Gaser (15 April 2009) The underlying anatomical correlates of long-term meditation: Larger hippocampal and frontal volumes of gray matter in Neuroimage, 15 April 2009; 45(3): 672–678. PMCID: PMC3184843, NIHMSID: NIHMS90659
- Scientific American (31 October 2013) Taking a Closer Look at How Meditation Improves Our Brains [Video], collected research on meditation and brain structure.
- Cordelia Fine (4 December 2013) New insights into gendered brain wiring, or a perfect case study in neurosexism? at The Conversation
- Elizabeth Norton (27 May 2014) Parenting Rewires the Male Brain, American Association for the Advancement of Science.
- Amanda Holpuch (30 May 2014) Laverne Cox heralds ‘transgender tipping point’ on cover of Time in The Guardian.
[Bolding by me. Images added by me.-GM]
June 4, 2014
We’ve received some backlash regarding our recent ad in Bicycling Magazine–some people have wrongly concluded that Ryders is attacking transgender people.
This ad is not, in any way, an attack on transgender people. It’s simply showing two people who are attracted to one another, each with a secret that the other might want to know up front. The person on the left has a secret–he owns an abnormal quantity of cats. The person on the right has a secret–he is actually a man dressed as a woman. We were toying with some of the social constructs that have made gender roles appear as truths, in an attempt to bring some humour to the concept that seeing isn’t always believing.
It’s now been a full day since the first messages arrived in response to our ad in Bicycling and it’s clear that we have offended lots of people. It doesn’t matter what our intention was, the result was anything but humorous. This ad was clearly a failure.
We are sorry. We are sorry to those we have offended and we are sorry for spreading a hurtful message.
Thank you to everyone who messaged us. Without you we would have carried on with this advertisement, oblivious to the harm it was causing. We were ignorant and you have shown this to us.
We have pulled this ad from all of the publications in which it was to be printed in the coming weeks and months. Unfortunately, some have already been printed and distributed. Rest assured, this ad will never be distributed again.
We are also in the process of having it pulled from digital magazines and other web sites. For some sites, especially those of distributors outside of the US and Canada, this may take a few days before it’s entirely cleaned up but it is our top priority to completely remove this image.
Again, we are very sorry. We’ve learned a lot from this.