TW: Violent imagery
The last few weeks have been incredibly distressing.
When Joanne Rowling released her essay there was a moment of collective, tearful hope. A woman with enough power had spoken our truth, with all the precise eloquence at her disposal, and, for one suspended second, I think we thought that they would have to hear.
It now seems evident, watching the boot come down, the steady stream of disavowal and dismissal and outright demonising denigration, that a woman’s words about her truth, no matter how eloquent or precise, cannot, still, be given any credit. Our pain, etched into our bodies, mimed over centuries, and finally wrested into speech, will never be taken as intended. As evidence of our humanity, and an explanation of how that humanity is harmed by what is done to us. We are still, only ever, an object and repository, a resource for the needs and wants of others whose humanity matters more. Our pain, like our speech, like our politics, could never be for or about ourselves, because it has never registered – and this moment is nothing but the concatenation of this denial – that we actually, in our own right, exist.
This argument is not, therefore, an appeal for empathy with the damage done to us by male power and projection, by the immemorial and immovable demand that we efface ourselves before the needs of more important others. We know our pain doesn’t count in your economy, that it only registers on your balance books as a sly deceptive weapon or a vicious wilful harm to the interests of the only kind of people given credit. That you’re so certain of the justness of your accounting, you never seem to notice, that this one obvious fact, gives the lie to the ‘validity’ of your catechism. If you really thought that they were women, their pain would be a nought to you as well.
The purpose of this exercise is for myself, and us all, I hope. The last few weeks have been more painful than I remember. After the torrent of cocks, and the exhortations to choke, and the parade of denunciations, and the trolling kids with porn, and the media spin complicity, and the ‘you’re weaponizing your trauma,’ all polished off with tech-bro corporate might coming down on us like a ten-ton digital brick, it was the implacable, imperious requisition of Allison Bailey’s words that finally broke me. Or rather, it was the attempt to justify that requisition by claiming that speaking the violent, often sexual, threats against us, was, in and of itself, an act of ‘severe’ discrimination against the people threatening us. On a quiet Wednesday afternoon, at my desk, something happened I haven’t felt for years. The back of my brain went metallic. I managed a few, incandescent tweets and then fell, quickly, into inarticulate rage. By Friday, on the phone, my ‘discourse’ consisted mostly of a series of guttural, groaning sounds. I stuck needles* in my body, and the vice receded long enough to write and speak a poem, before tightening again. Rage passed into anger passed into despair passed into heavy, body-crushing sadness. Eventually the tears pooled in the centre of my heart and the bottom of my back so strongly I could cry them out. And then I started to see, and needed to try and speak, what was happening.
What is happening is a violently enforced, three-tiered denial of our words, our right to name the reality of our experience, and the reality of the violence perpetrated against us, because of our sex. Two tiers of this denial have long been evident. Now, in this battle between our discourse and their silencing, because we have fought so fucking long and hard for our words, our speech is, finally, beginning to be heard by some, the third tier is becoming ever more obvious. It was this that tipped me off the edge and, for a couple of weeks, stole most my words. It looks, as my friend said last night when I explained it on the phone, like a near-perfect, circular, stitch up. It looks like this:
We know this one well. This is the stealing of our language enacted by the core of trans ideology. The redefinition of the word ‘woman’ as an amorphous meaningless gender class against our consent. The removal of all words that link the word ‘woman’ to the concept of ‘female.’ The imperious imposition of the essentialist bullshit label ‘cis’ (‘IT’S LATIN!’). The dehumanising conversion of female people into fragmented body parts and functions. The command to call conspicuously male people ‘women’ even when engaged in conspicuously male behaviour, like, say, downloading child pornography or getting out their cocks at work. This all amounts, we’ve said repeatedly, to the political erasure of sex. We have said, perhaps too abstractly, we object to ‘the erasure of the axis of our oppression.’ What we mean is this: We object to male entitlement – to our bodies, to our time, to our attention, to our care, to our service, and now, above all, to our existence and the words that name it. We need to name the reality of sex, for yes, medical reasons, and sporting reasons, and because women are oppressed by conversion into sexual-reproductive resource and your idealist gender-bullshit can’t explain patriarchy in the slightest. But we need to name it most of all, because – as you never seem to grasp – gender is the system of entitlement that runs along the lines of sex. And the system that enforces that entitlement by means of threat or force. We need to name sex because we need to speak the violence males commit against us. Because our ability to speak at all depends on it. Which brings us to….
In response to your demands, for our existence and its words, all we’ve said is ‘no.’ We haven’t threatened, or intimidated, or besieged, or tried to cancel. We’ve explained, millions of times, why we’re saying no, why we won’t let you take our words, because we need them. But the economy of entitlement that belies all your claims to gender non-conformity, will not respect our boundary. The boundaries here are literal, around our spaces, around the de-lineation of our words, but they are, above all, figurative. They arise from the expression of our own subjectivity. The naming of our needs and interests. They arise when we say ‘no,’ and ‘I don’t want,’ and ‘you can’t have.’ In an ethical economy it should be understood that the demand ‘I want to take’ never, between adults, has right of force over ‘I don’t want to give.’ You do not take from others what is not given freely, you don’t coerce them into giving things they do not want to give. Doing so is an act of narcissistic domination. It subordinates an-other’s needs and interests entirely to your own, and in so doing, annihilates their subjectivity. In its core, this is the logic, and the deep traumatic injury, of rape.
The narcissistic rage trans activists have unleashed on women, to try and force us to be silent and comply, is an exact exhibition of this logic. That so much of this coercive rage is sexualised, from the phallic pink and blue bats to the desire to choke us on their cocks, is far from accidental. That people have been so easily convinced that gender lives inside a tube of eyeliner, while the sexual economy of entitlement is enacted in plain sight, apparently invisible to many, is evidence of how far feminism has left to go. The women using argument and evidence to defend their ‘no’ are clearly monsters. A ‘swarm’ of uptight, cruel, castrating cunts who heartlessly refuse to meet a need so small it costs them nothing but their own existence. And everyone agrees. The litany of slurs and threats are warranted by the provocation of a ‘no.’ Just stop being such bitches. Just shut your fucking mouths and give us what we want you witches. Our desire or your existence. No contest cunts. ‘Be Kind.’
It is only inside this economy of entitlement that the indictment of ‘weaponising trauma’ makes sense. Trauma is our explanation of why we need our words and the boundaries that they draw. (Although, let’s be clear, people shouldn’t have to give reasons to justify their boundaries, and the fact we feel the need to reveal our trauma to do just that shows how fucked this situation is already.) The claim that our trauma is a weapon, is then, at base, a claim that our boundary is an act of aggression. And this claim, relies, in turn, on the belief that the needs of, and harm done to, those who seek to transgress that boundary far outweighs the needs of, and the harm done to, those who will be violated. (This is precisely how the acronym that became the slur exerts its vilifying power – what distinguishes, we might ask, ‘inclusion’ from ‘violation’ other than consent?) The people pressing, and supporting, this claim, will ground it by appeal to the specific, and extreme, vulnerability of trans people. And while that appeal is not without foundation, the willingness to uncritically accept, and endlessly disseminate, empirically sketchy and appropriative statistics – to accept then, in its fundament, the claim that the oppression of trans people neatly and completely overrides the oppression of women – is, in itself, a product of the economy of entitlement. The readiness of people, both male and female, to identify with and elevate the pain of males not being given what they say they need or want, over against the females who tell them ‘no,’ is the psychic substance that greases the wheels and gears of the whole patriarchal shitshow. And it is the psychic substance that serves to justify, exculpate, and explain away, any violence used to press male claims.
There is no logic, no quantity of need or pain, that justifies male people violating women’s boundaries, that isn’t rapey. What got to me about the response to Joanne Rowling’s words – and by extension, the words of all of us who would defend our boundary – is how audaciously and easily left-wing journalists and politicians lined up to collude with rape-logic, so immersed inside an economy of male entitlement and its narcissistic rage they likely have no fucking clue that that is what they’re doing. Women’s boundaries are not an act of aggression. Painting them as such is part of the economy of entitlement used to justify taking what has not been given freely, and to justify both the violence that is that taking, and the violence often used to enforce that taking. (This is the difference between rape and aggravated rape. Rape is violence, rape is sometimes violence enforced by violence. One of the key feminist fights was the effort to make clear that it was not the enforcing violence alone that constituted the violation). The indictment that we are ‘weaponising trauma’ is hence, both, a contestation and delegitimization of the boundary that we have re-drawn in response to the primary, trans activist requisition of our words and the spaces they inscribe (Tier 1), but is also then, a justification of any force or threat of force brought to bear to press the claim against that boundary (Tier 2). Here, the ‘weaponising trauma’ claim reveals itself as just another, subtler variation of the endless exculpations and woman-blaming bullshit used to justify the violences against us. ‘She had it coming.’ ‘She made me do it.’ ‘She was asking for it.’
It is here too that the contours of Tier 3 emerge. It consists of the effort to justify and/or dismiss both the violence that is the violation of our boundaries (Tier 1), and, in particular, the violence used to press the claim against, or enforce the violation of, our boundaries (Tier 2). This thought has always, in fact, been around. It often inheres in the classic patriarchal reversal underpinned by the economy of entitlement. That is, because female people having boundaries is an act of intolerable exclusion (and by extension then ‘oppression,’ or, in its current usage, ‘anything that stops me getting what I want’), then any violence used to press the claim against the boundary is, actually, just self-defence. It also turned up in another form just last night on Twitter, the wilfully circular ‘the boundaries of bigots do not need to be respected,’ which fails, of course, to recognise that ‘bigot’ in trans activist discourse means nothing but ‘a woman whose boundaries stop me getting what I want,’ viz, in fact, ‘women’s boundaries are bigotry.’ Such is the power of the economy of entitlement that someone can seriously type ‘I do not need to respect the boundaries of someone whose boundaries stop me getting what I want’ and think that it will fly.
Of course, the defenders of the faith won’t accept a word of this. And to return to where we started, at Tier 1, they won’t accept it because its blasphemy against the catechistic sanctity of the Trinity (‘Trans women are women, Trans men are men, Non-binary is valid, Amen’), and its disavowal of the structuring of power along the lines of sex. (Remember, always, anyone who can actually defend their faith need not be so dogged with ex-communicating heretics). Indeed, everything I have said here, because it relies on the sexual economy of entitlement, would be deemed to be hateful – although, as I’ve underlined, the transparent operation of that economy in this whole affair belies the truth of its own dogma. It is here that the denigration and dismissal of Jo Rowling’s testimony, slips into the almost non sequitur of Owen Jones’ reply. Jones’ response here depends, entirely, on ostensibly reversing the balance of power between males and females, by denying that Jo Rowling speaks as a female, and as a member of a class oppressed as female (this is the work of so much Tumblrised intersectional discourse about ‘cis’ women, ‘rich’ women, ‘white’ women, ‘cishet’ women), and denying that the vulnerability of trans people as trans, does not magically negate the fact that the ones dictating that our boundaries are bigotry and can be rightfully overridden are still male. The epithets ‘abusive,’ ‘silencing,’ ‘aggressive’ and ‘violent,’ when applied by females, to the behaviour of males trying to coerce their boundaries, is not the sneaky gambit of a ‘powerful’ majority jealously hording their piles of privilege. It is how female people name, explain, and process the violence they experience because they’re female, in a society governed by a sexual economy of entitlement.
Because OJ catechistically believes that trans-ness negates maleness, he can, effectively make a claim which, without such catechistic cover, is something no self-respecting progressive would ever say, because its incel-MRA-speak. That is, that women should not name male violence, and that in doing so, they are demonising and discriminating against males. This is, as Owen is fond of reminding us, a trope picked up from the gay rights movement, and leveraged in a way that was, in truth, wrong. It is true that the association of gay men with paedophilia as an excuse to refuse them rights was reprehensible (and just to underline, the general analogy with gay rights fails because gay rights did not involve violating the boundaries of another oppressed class). It is not true, however, that no gay men are paedophiles, and that suspecting a gay man of being a paedophile is a priori an act of bigotry, if you have reason for your suspicion beyond them being gay. (Just as it’s not de facto homophobia to think there might be a safeguarding issue if a gay man dresses in fetish gear and wanks in the toilet of the national children’s charity and then puts it on the internet). Jones’ claim in that case, effectively, was that gayness negates maleness (which it does not), and similarly here, that trans-ness should provide a negating shield of perfect immunity around males who identify as women, or non-binary, or maverique, or whatever, from any indictment of conspicuous male-pattern violence. (Cue Family Guy cartoon). A society that took the sexual abuse of women and children remotely seriously would understand, off the bat, that creating a sub-class of males who are a priori immune from being suspected or indicted of male-pattern violence is a safeguarding risk the size of a fucking planet.
It is this – the ‘you’re demonising us as predators’ stitch-up gambit – that leads directly to the moment where Allison’s Bailey’s description of the contents of terfisaslur is summarily requisitioned as an act of ‘severe’ discrimination against trans people as a whole. (This is MRA logic again, where ‘NotAllMen’ becomes ‘NotAllTransWomen’ and of course, yes, but a not negligible some). There is no way a decent person of progressive persuasion can look at the contents of terfisaslur, or the memes of gun-toting anime characters emblazoned with ‘Shut The Fuck Up TERF,’ or the gratuitous phallic threats aimed at Jo Rowling, and conclude that these are not ‘abusive,’ ‘silencing,’ ‘aggressive’ and ‘violent.’ It is an epic gaslighting piss-take to tell us to choke on cocks, threaten us with rape, make T-shirts soaked with our fake blood, emblazon signs with death threats, erect guillotines with our names on, draw sketches of our hanging bodies, and openly, gleefully, fantasise about the many other ways you want to kill us, and then turn around and say by describing this violence as what it is, we are invalidating and demonising you with prejudicial malice.
The fact that much of this violence is enacted by males who are trans, does not transubstantiate it into ‘not violence’ and it doesn’t mean that people coercing female people’s boundaries with the kind of baseball-bat wielding rapey bullshit always used to coerce female boundaries are somehow, alchemically, ‘not doing male-pattern violence.’ And your catechism-that-we-don’t-believe is no defence, not a get-out clause, not some kind of whizz-bang-magic immunising shield that will stop us naming what we see right before of our eyes. We’ve often noted, sometimes caustically, sometimes ruefully, that if people wanted to convince us that they were women, and not a threat, telling us to choke on cocks and hammering down the door with bats was probably not the way to go. We will keep our words, the boundaries that they draw, and the naming of the violence they allow, because the survival of our subjectivities and the possibility of our healing depends on it. And though we may be silenced sometimes, by your animation of our trauma, and your refusal of our power to name, all you will achieve, with your catechistic dictates, in the end, is demonstrating why we wouldn’t let you take our words from the beginning.
We say again:
No means no.
 I hope she’s okay with this, but I’d like to ditch the JK. The occlusion of her sex is a symptom of – not a remedy for – male power.
* It has been pointed out to me for people who don’t know me, the needles in question are acupuncture ones, not the ones attached to hypodermic syringes. This shit is hardwork, but I’m not doing heroin, well, yet. (We can thank Lorelei’s boyfriend for the need for this clarification 😂).
This letter is a guest post by @hatpinwoman, written in response to the House of Common’s Briefing Paper ‘Gender Recognition and the Rights of Transgender People,’ published yesterday, July 16 2020.
To whom it may concern at the House of Commons,
I am writing to you in response to the recently published commons briefing paper entitled “Gender Recognition And The Rights of Transgender People”. It contains both crucial factual errors and statements the veracity of which have not been ascertained.
In order of appearance in the document the points that are contentious are:
i) The documents states that the term transsexual is a “predominantly historical term”. A significant minority within the transgender community continue to call themselves and consider themselves to be transsexual as they have always done. The discarding of the term seems to be extremely premature.
As an especially vulnerable group of people who have a medical diagnosis and follow a path of full or near full transition, their needs and requirements may be considered to be potentially very different to a much larger group who do not have full (or even sometimes any) medical interventions.
ii) The idea that the term acquired gender should be replaced with the term affirmed gender is surely ideological rather than a matter of the law. It is in line with the language used in current models of care which suggest affirmation rather than the more traditional watchful waiting is the correct medical response to patients presenting with dysphoria and a desire for transition.
The replacing of the watchful waiting approach is contentious among some clinicians in the field, and potentially opens the medical profession up to a situation where many patients will be harmed because gender dysphoria is not synonymous with a need to transition. There are, in fact, many reasons why a person might experience dysphoria and many outcomes for such patients. Transition being of benefit to some of them but not all.
The language of “affirmed gender” is a less robust term for the law to use when “affirmed” is so much more wishy-washy than acquired, and it also seems to endorse one specific way of responding to patients with dysphoria. This is surely beyond the remit of Parliament.
iii) The statement from a quote by Transgender Equality that “each of us is assigned a sex at birth” is completely untrue. Our sex is observed and recorded. It is not a random designation, nor is it a rough guess. For the vast majority of people sex is entirely unambiguous. This holds true in Transgender people who are not substantially more likely to have DSDs than the rest of the population. (DSDs are differences, or disorders, of sexual development. Colloquially people may use the term intersex).
We know this because the medical profession has done some research that involves karyotyping patients. Some have found a higher incidence of conditions like Klinefelters syndrome (in which sex would not be ambiguous), others have found no statistically significant difference between incidence of DSDs in trans and non trans people. The consensus thus far is that because the results were consistent enough with the rest of the population it is of limited or even no use in evaluation, diagnosis and treatment.
In outlier cases where it might be of value the largest study I can find on this, to date, states that “patients with DSDs will typically have other clinical or hormonal signs that would point to a DSD diagnosis” (Inoubli et al)
“Assigned sex at birth” is language specifically taken from a small number within the minority of those who have DSDs and it is used in the rare cases where sex does have to be assigned. It seems wrong to take useful language away from a small group of people and generalise it, in a way that makes no sense, to the rest of the population.
iv) The statement , also from transgender equality, that “Trans identity can be “non-binary” in character, located at a (fixed or variable) point along a continuum between male and female; or “non-gendered”, i.e. involving identification as neither” also raises questions about where these fixed or variable points are, how they are measured and what it means to identity as less or more male or female given that the body is clearly one or the other. It seems that Sex and Gender are conflated here which is wrong.
v) the statement “gender dysphoria is not related to sexual orientation” is a highly disputable assertion given that the vast majority of children and young people who develop dysphoria in childhood will not grow up to be trans, but to be gay, lesbian or bisexual.
Additionally current concerns raised by some clinicians at the children’s gender service, GIDS, that gay and lesbian adolescents are being inadvertently transitioned suggest that sexuality is a fundamental consideration when dealing with dysphoria.
Further, clinicians such as Kenneth Zucker, a world renowned expert, notes that “sexual orientation is associated with meaningful differences among GD adolescents and adults”
vi) The statement was made in the report that “Gender Dysphoria is not in itself a mental health condition”. This is concerning.
Gender Dysphoria still appears in DSM-5 which is the latest edition of the Diagnostic and Statistical Manual of Mental Disorders.
The American Psychiatric Association, who are responsible for publishing the DSM, also state that:
“It is important to note that gender nonconformity is not in itself a mental disorder. The critical element of gender dysphoria is the presence of clinically significant distress associated with the condition.”
The assertion that gender dysphoria is not a mental health condition stands to undermine mental health resources for patients, push them towards the singular treatment of transition which is not always appropriate and even potentially fail to offer them treatment at all.
vii) The assertion that puberty blockers are a “physically reversible intervention” is still in contention given that we do not know the long term effects. How can one assert something is reversible if we do not know the full consequences of a treatment yet? All we can state is that puberty resumes in patients. This does not make it fully reversible unless we can ascertain that their bones, brains, pituitary gland functioning and cognitive abilities are unaffected.
viii) The section about the safeguarding of children (and young people) undergoing treatment for gender dysphoria fails to mention ongoing concerns raised by the staff of GIDS about the standard of care these children are receiving. These concerns have been detailed, for example, in The Times and by the BBC. It is not helpful for MPs to be unaware of this issue.
ix) Where it talks of conversion therapies the report says
“The NHS does “not deliver, promote or refer individuals to any form of conversion therapy.” Conversion therapy is an umbrella term used in relation to:
…a therapeutic approach, or any model or individual viewpoint that demonstrates an assumption that any gender identity is inherently preferable to any other, and which attempts to bring about a change of gender identity, or seeks to suppress an individual’s expression of gender identity on that basis.”
This is misleading in its glossing over of things. Conversion therapy is indeed a harmful and heinous practice. Traditionally used to attempt to convert homosexual people to being heterosexual, it was, and is, barbarous.
How this relates to gender identity is unclear. A watchful waiting approach that addresses other issues the patient is experiencing and attempts to ameloriate those is not conversion therapy. It is simply treatment.
Affirmation in a sense is the absence of treatment because it presupposes an outcome: that a patient is trans. The idea that an innate gender identity is responsible for the symptoms in all cases, rather than the symptoms being potentially a product of a variety of things is objectively incorrect.
Any patient who is not trans and is only given affirmation is at risk of medical mistreatment. A growing number of detransitioners are now coming forward to tell their stories which suggests this is precisely what is already happening.
x) When discussing the protected characteristic of Gender Reassignment in the Equality Act, the report states the following about how gender reassignment is defined.
“A notable feature of this definition is that, unlike previous equality legislation, there is no need to be undergoing a medical process of transition. That is because the phrase “proposing to undergo” has a broad meaning.
The point at which a person is deemed to be “proposing to undergo” was explained by the Solicitor General in 2009 during the Equality Bill’s consideration in committee:
“proposing” suggests a more definite decision point, at which the person’s protected characteristic would immediately come into being. There are a lot of ways in which that can be manifested— for instance, by making their intention known. Even if they do not take a single further step, they will be protected straight away.
Alternatively, a person might start to dress, or behave, like someone who is changing their gender or is living in an identity of the opposite sex. That, too, would mean that they were protected.”
I cannot speak to the accuracy of this interpretation but I do wonder at it. We have already seen cases, such as Karen White and Katie Dolatowski, where individuals have been predatory and look to be using transitioning as a cover for this.
We also know, for example, from prior research that there is a “small but concerning minority” of people who will try to transition to gain access to children because they are paedophiles. (Gender Reassignment: 5 years of referrals in Oxfordshire).
The interpretation of gender reassignment as a protected characteristic as explained by the solicitor general does not incidentally or accidentally give these people the protected characteristic of gender reassignment. It seems explicitly to allow them such. A person who dresses or behaves “like someone who is changing their gender” is not someone who, in fact, is necessarily changing their gender.
xi) When discussing single sex exemptions that allow for provision of single sex services and spaces for women the report asserts
“Under the genuine occupational requirement provisions, an employer may impose a “requirement not to be a transsexual person”. The Act’s Explanatory Notes provide the following example:
A counsellor working with victims of rape might have to be a woman and not a transsexual person, even if she has a Gender Recognition Certificate, in order to avoid causing them further distress.
As with the Explanatory Notes’ description of the services exception (see above), legal commentators argue this example inadequately describes the duties on employers:
There are very real concerns that such guidance is too categorical and fails to emphasize the lengths an employer …would need to go to in order to demonstrate proportionality as an adequate defence to discrimination.”
This seems to set the bar one is required to meet to offer women single sex services impossibly high. It is not enough, apparently, for common sense and humanity to women to prevail and to consequently allow them to have single sex provisions.
Instead it must be such a hoop for an employer to jump through that one wonders if they would risk doing so.
Yet, many women very much require sex based rights both because being a member of the female sex remains a distinct physical and social experience, and because the group of people most likely to be violent towards them are male.
The fact that it is even in dispute that women might automatically expect their rape service providers will be female (or as per the previous example cited that their female counselling groups will be female only) is astonishing.
No one, except the most churlish among us, would begrudge trans people specific and exclusive resources and particularly when they are at their most vulnerable. One has to wonder why it is the case that women must be expected to forego a similar level of compassion and accommodation. It is unlikely when the bar for justification of these needs is set so high that service providers will feel comfortable insisting on providing female only provisions.
Given that this is already notably the case, the interpretation of the single sex exemptions must be more concrete, more intuitive and more decent towards the female sex.
xii) With regards to the spousal veto, the women and equalities committee has, to its credit, apparently spoken to the trans community about their thoughts on this. What it doesn’t appear to have done is also spoken to the (mainly) women who will be affected by the removal of the spousal veto. This is an oversight when the veto is something that both parties have a vested interest in.
xiii) The statement made that “Some argue that biological sex differences are immutable” is somewhat confounding. This seems to imply that there is some kind of reasonable argument that they are mutable, but biological sex cannot be changed and this is surely the foundational point of understanding for this whole debate. Trans people really cannot exist within the law, or transition in any meaningful way, if biological sex is not a concrete thing. Nor can women expect single sex exemptions to have any meaning at all.
xiv) The section entitled “the self identification debate” has a good attempt at covering the issue of the ongoing disagreements between groups, but really wouldn’t inform someone outside of the debate of the tenor of behaviour women have been on the receiving end of.
I personally speak anonymously on this issue because I was threatened with violence, told I would be executed with a guillotine, socially ostracised, and my friends were told they must disown me, for raising issues on this subject. In a manner no more offensive than the one I am writing with here. I have been relatively lucky in terms of the kind of campaign of terror I have received.
The level of rape threats, death threats, letters to employers, attempts at public denigration and shaming, and the misogynistic hostility women have faced while trying to talk about changes in law that concern them, too, has been unacceptable in a democracy. It is not only trolls and internet ruffians who have engaged in this behaviour, either.
Calling women “terfs” and intimidating, maligning and dismissing them on that basis has been horrifyingly widespread. So has the constant impugning of their character to assume that their motivations must necessarily be hateful.
Thank you for your time in reading my response,
Now that the TechBro-mofos
Have tipped their hand,
Laid it down,
Said the quiet part out loud,
‘SHUT THOSE WITCHES UP ALREADY’
There’ll be no cyber-space or quarter given
To that pit of ‘spewing’ vipers
And their ‘hateful’ talk of boundaries,
Who refuse to bend
Or ‘educate themselves’
By reading Holy scrolls
And transcriptions of The Law
Until they see the light and
Into their hearts
The godlike eminence of male desire
And its validity
Above all else.
Sixty thousand women snuffed out
Of speech, while
The Struggle-Fuck goes on
Because our degradation makes them hard
And who are we to judge?
A chorus of pearl-clutching prudes,
Fucking with their freedom
(Their dicks must go anywhere they please)
They will judge
The justice of your case
Like some virtualised
And find you guilty
Of ‘severe’ offence
For speaking of the pointed knives
And wire encrusted baseball bats
They said they’d rape you with
If you did not comply
With their desire.
Our job, as always,
Is to serve their needs.
To our flesh
Now so overweening
That, having laid the body
Of the earth to waste
With their fantasies of immortality and
They demand the very substance
Of our sex
Under the dominion
Of their idea.
The power to name
The matter of the world
According to their will
Like The Good Book
‘In the beginning.’
And all we said was ‘No,’
All we said was:
‘The matter of our bodies
And this form of your dominion
Is no different than it was before
And holds no space
To actually exist
Beyond the dead-eyed dreams
Your minds have made of us.’
What happens when that flat
Of the mirror
Starts to speak? The insubordination
Is unbearable and
Must be punished.
They will say that we are ‘throwing bricks,’
Although all I will remember
Is that night when,
Surrounded by a baying crowd
Transported in an ecstasy of
Seeing us all tarred and feathered,
We boarded up the windows
So we could breathe
Enough to talk.
They cannot still our tongues.
They will try to take us
One by one
And make a Philomela of us each
As a warning to the others.
They will hunt down Baronesses
And dispute their right to adjudicate
They will descend in legions
And choking us to silence
With their cocks,
(Exempt of course
From any wisp of
Because they’re just so queer now)
All while dicktating that
They’re smashing up the
It takes an exemplary arrogance
After all this time
Of brandishing their weapons
To the phallus,
To use the massive edifice of
At their disposal
To try and make us mouth
Of its denial.
And nothing here has changed,
The dirt of the earth
And the blood of bodies
Still sustains you in your fantasies
Of uploaded immortality,
A clear Platonic sky
Of neural nets
And body-denigrating domination
Over the forms of life.
And even were you able to
Use your Law to
Excise the tongue
Of every single Fury
And stop her speaking of
The earth will still make manifest,
In that matter
You have denied
Since the dawn of time,
With words of
In these anxious-making days, the thing that’s making me most anxious is the actions, or rather inactions, of our government. There are a few keys things that needed to be done to deal with the current situation. Testing. Social distancing. Protective equipment. Ventilators. Making sure people are fed and watered. And what we’ve got is an unfolding omnishambles of delay, prevarication, Brexit over breathing, and possible social Darwinianism, covered over with a load of bumf that’s somehow supposed to make us feel better about the fact that a modern technically advanced society is incapable of performing basic medical tests or getting a bunch of protective clothing from point A to point B in a vaguely timely manner.
I know in a state of crisis people want to be able to trust the people in charge. I want to be able to trust the people in charge. But being told it’s our patriotic duty to feel reassured by people who are not even remotely reassuring will do the very opposite of reassuring us. It will just make us feel more freaked out that we’re sharing a time-space continuum with people who tune in to the daily briefing and see something other than the latest instalment of ‘Blag Your Way Through a Pandemic.’ I hear the government’s latest spin is to waste a ton of time and money sending us all a letter from Boris. Unless it explains how they ‘lost’ an email from the EU, contains the blueprints of Dyson’s ventilator and a schedule for its production, or is printed on bog-roll grade paper, I wish they’d save their breath. And focus on the job in hand. Which is saving ours.
The only small comfort here is that we’re not in the States. Which is pretty cold comfort, given that some 320 million people are, and their well-being is currently in the hands of a narcissistic toddler who’s thinks his coronavirus briefings (I use that phrase advisedly) are a reality TV show that should be judged on its ratings, rather than as an exercise in informing the public how the government is going to stop them dying. That his job is to stop people dying doesn’t yet seem to have penetrated Trump’s impervious sovereign skull. And I’m less than convinced that Boris is doing anything more than merely miming understanding, prompted by the collective gasp of horror that greeted the initial ‘herd immunity’ strategy concocted by the chief sociopath-in-waiting. (Yes yes, they did their sums wrong, by mistake, even though Twitter calculated the catastrophe on the back of an envelope within hours).
That the two most dismal and recklessly dismissive strategies have come from the two most devoutly neoliberal nations isn’t, one suspects, an accident. Nor is it accidental that both countries are currently presided over by populist demagogues who have spent the last however many years convincing their people that the universal panacea for their problems is encircling the nation with actual or imagined walls. It’s been widely noted that there’s a significant overlap between the ‘it’s just the flu you bunch of panicking pussies we never closed the pubs for Fritz in the Blitz’ types, and the devotees of the Brexit/MAGA cult. In some sense this is counter-intuitive, given our tendency to think contagion in military metaphors, you’d imagine those most exercised by invading ‘foreign’ foes would be first in line to do battle with the marauding ‘Chinese virus.’ But they’re not. In fact, they were first in line to pretend the ‘Chinese virus’ is NBD, and the last on the uptake – even as our frontline defences start failing for lack of adequate protection – that it really is. So, what’s going on here?
What’s going on here, I think, has a lot to do with the fantasies of invulnerability that impel the sovereigntist imagination, and how those fantasies intertwine with ideas of immunity. The sovereign imaginary is all about inscribing space – with borders, with walls – and then keeping the outside out. It is a fortress mentality. A dream of impregnable immunity. An ideal of rugged self-sustaining individualism. Trump’s America or BoJo’s Britain have no need of foreign (muck) masks or foreign (muck) machines. We’re perfectly able to make our own tests without the help of external agencies thank you very much. (Hoho). We need no assistance from foreign bodies and no foreign bodies will breach our borders. Except, of course, they will. There’s a tragic irony that having flogged the lie that the country could be cured of its ills by expelling foreigners, the government finds itself confronted by an invading ailment that has no respect for borders, whether of the body or the body politic. We have, painfully, purified ourselves, and all to no avail. What could the sovereign fantasist do but retreat into denial?
Indeed, as we’ve seen from the endless wrangling over Brexit, trying to perfectly excise a state from its networks of inter-relation and dependency, is, basically, impossible. (Hello Irish border). Just as a body cannot be sustained without breathing in air, even when it may contain contaminants. What the virus has done is make manifest the life-sustaining necessity of our material interconnections, amplifying and dramatizing the vulnerability that haunts those relations, even in everyday circumstances. Now we have, collectively, self-isolated, trying to stop the virus being exchanged, materially, between us, it is unnerving, unheimlich, to find everything that enters from the outside turned into a potential source of danger. People are disinfecting groceries and washing bars of chocolate in the sink.
In our isolation, what becomes suddenly and starkly visible is all the life-sustaining labour that usually goes unnoticed and undervalued, much of which involves material exchange and transportation. Food distribution. Stacking shelves. Water and gas supply. Delivering post. Sewerage and rubbish collection. All the material ins and outs across the thresholds of our homes and the borders of our bodies – the mucous membranes that mark, now more than ever, our vulnerability, but keep us all alive. It’s been said, and will be said again, that we must learn our lessons here. The invisible work we hold in such low esteem is, literally, vital, and we should value it as such. The virus could enter us from animals only because we’re also animals. And like all animals, we’re materially dependent – on water, air, nutrients and the Earth.
This dependence is the last thing the sovereign fantasist wants to deal with. Where do our basic material needs, our animal frailty, our porosity to penetration by tiny, lethal particles fit inside a dream of impregnable immunity? It makes sense that on encountering such stark evidence of our material exposure, the Trumpian or Brexiteering mind would snap shut like a trap and opt for denial. Because to plan, effectively, for what was about to happen, demands confronting the basic animal vulnerability that sovereign fantasies – and their drive towards perfect, immortal immunity – are impelled to disavow. Of course, there are obvious economic reasons why our governments held off suspending movement and material exchange until it was unavoidable, but had the danger been confronted earlier, such measures might have been more avoidable, and, moreover, delaying lockdown is really no excuse for making such a mess of your planning and procurement homework. The other thing to note here is that the economic devastation that follows from suspending material contact between people gives the lie to the individualist ideal shared by both sovereign fantasists and neoliberalism. Individual economic activity and wealth accumulation happens only inside collectives, and although our economies have taken increasing leave of material reality, it turns out that when people stop moving around and interacting with each other stuff still grinds to a shuddering halt.
It’s worth remembering here that ‘immunity’ is originally a political, rather than a biological, concept. The Latin ‘immunis’ means ‘exempt from public duties or paying taxes,’ a negation of ‘munia,’ ‘public duties or functions’ which stems from a Proto-Indo-European root *mei, ‘to change, go, move’ with a wide range of derivates which relate to the movement or exchange of goods, services and obligations between people. As well as words to do with change, such as ‘mutable’ and ‘transmute,’ *mei, is also then the root of ‘municipal,’ ‘common,’ ‘community,’ ‘commute,’ and ‘communicate.’ This is the sense in which, as Roberto Eposito suggests in Immunitas, ‘immunity’ exists in tension with ‘community.’ The immune individual is exempt from the obligations that arise from being-in-community, despite the fact that their existence still depends, necessarily, on that community. It is here, of course, that we encounter the enraging spectacle of people who exploit community need, community labour, and community infrastructure to amass great wealth – and who, under current political regimes, pay very little tax – suddenly demanding that the community bails them out when it transpires (who knew?) that without communal movement and exchange, they have no business. (Sell your island Richard. *Blank stare*)
This tension between immunitary and community ideals has something to tell us, I think, about why our government, when it belatedly decided to act, went straight from ‘nothing to see here’ to ‘herd immunity’ – neatly trying to step over the vital bit in the middle where we’re exposed to a serious material threat that has to be directly confronted to safeguard life (unless you’re, y’know, a eugenicist). It’s because the virus is ‘novel,’ and hence, that none of us have immunity, that it’s a danger. And, as I’m arguing here, by turning everyday, life-sustaining, material contact into an intolerable risk, the virus then dramatizes and makes visible both the inherent vulnerability, and the necessity, of that contact. Of course it’s right that we hope to return to everyday interaction – which will likely depend on developing a vaccine that confers immunity without exposing the most vulnerable to the brunt of the infection – but what interests me here is how concerned our leaders are to return to this state of immunity without confronting what its disruption will have exposed. Our frontline health workers are risking their lives by subjecting themselves to godknowswhat kind of viral load, without proper protection, and without the tests they need to know whether they’re infected or not. While, instead of decisively focusing its efforts on procuring and distributing this equipment, the government is obsessing about antibody tests, and seems rather more worried about how to get us out of lockdown than dealing with the crisis we’re in right now.
What they want, of course, is to return us to a state where the vulnerability of our material interrelation falls back within normal limits and can once again be invisibilised. It’s uncomfortable to be reminded that all those people you ignored and belittled are actually ‘key workers’ far more important than anyone sitting in an office pulling in a 100K. Or that falling victim to vulnerability is an existential possibility for us all, and not some sign of moral failing. Perhaps we’ll learn from the prospect of food rotting in the fields because there’s no one – no foreigners – to pick and pack it, but the transparent urge to return to ‘business as usual’ suggests likely not. In defiance of all material facts about the course of the pandemic – already running wild because of Trump’s denial – the President’s absurd ‘back-to-business’ schedule fell, symbolically, on Easter Sunday. In Western culture, the Resurrection is the archetype of the immunitary drive, the desire for life to finally transcend the material entanglements that make us mortal. Perhaps Trump abandoning that fantasy should give us hope, perhaps someone finally made him understand his salvation story entailed mass sacrificial murder, as dreams of transcending death so often do. Immunity is never, in fact, impregnability, but rather, the toleration of vulnerability that comes from our exposure, once attenuated. As many have said, SARS-CoV-2 is a warning shot across the bows, perhaps even the final memo from the warming planet that still, somehow, sustains us. We are material, communal, animal. Our survival as a species depends on us confronting that.
Ahead of the discussion on The Moral Maze tonight I did a little digging around into the people who will be representing the TRA position. Up against Graham and Kiri will be Jane Fae and Torr Robinson, a person with they/them pronouns who is the Trans Officer for London Young Labour and one of the founders of the recent pledge defaming Woman’s Place and calling for us to be expelled from the Labour Party.
Torr recently wrote this piece for Tribune Mag which fills out the background thinking behind the pledge rather nicely, so I thought I’d have a little look at it. (At this point I’m also going to add, I’m looking at this because it’s BATSHIT, and because the pledge has caused a SHIT-TON of conflict, and because Torr is going to be on the radio this evening as a result of all this brouhaha. At the same time I also want to say, this person is really fucking young, and it’s a not insignificant part of this absolute mess that the people who are responsible for making our laws and should really know better are being buffeted around by extreme political forces summoned by people who should blatantly not have this kind of influence, especially when they write hyperbolic fact-free nonsense like this.)
Anyway, time is short, so I did some scribbling, which I thought I’d pull together into a few general points:
1. The piece is called For Trans Liberation, and this idea is summoned throughout. There is, however, no specification about what Torr is calling for liberation from, or what the specific demands for liberation are. If Torr is concerned with better access to heathcare, or education, or housing, then I’m sure that’s something we can get behind (with the obvious caveat about the ethics of medicalising teenagers). However, of course, the overwhelming majority of the piece is about the fight against transphobia, and it would seem therefore that the overall thrust is about ‘liberation from transphobia.’ (In this it mimics one of our most common observations about the TRM. Why have you not devoted your considerable resources and organisational power to pushing for the material resources that you need, rather than going all in on trying to politically abolish sex and bullying the many women who object? Answer: Because ‘Trans Liberation’ isn’t actually ‘Trans Liberation.’ It’s ‘Trans Validation.’ And what ‘Trans Validation’ demands is that we all collude with you that sex does not exist.)
2. As is usual in this debate, transphobia is NEVER given a coherent definition here. In the standfirst we hear talk of amorphous ‘transphobic forces’ – which is not at all dehumanising, given that what Torr means is us, a group of feminist women and their allies. Throughout the piece Torr uses pathologizing language to characterise this transphobia. It is ‘incubated’ (p.2) and it ‘infects,’ (p.6) it is “poisoning the well of British culture (p.2)” [Hey left wing people, what does this kind of language remind you of???]…although they never tell us what it is, despite claiming that the path ‘Towards a Trans Future’ (not at all bombastic), requires “free night schools and accessible literature about what transphobia is (p.6).” (YES TORR. BUT WHAT IS IT???). At this point what I’m going to say of course is that all Torr means by ‘transphobia’ is ‘the belief that humans are sexed and that sex is politically important.’ But of course, Torr’s not actually going to come out and say that, because it sounds bonkers, because it is.
3. Which brings us to the fact that what is entirely refused here is that Torr’s talking about a conflict between the political demands of the Trans Rights Movement and women, who have had the temerity to organise against the threat to our rights stemming from the fact that the ideology of the TRM is sex denialist, and is seeking to legally and political erase sex. It is extremely notable that the word ‘woman’ or ‘women’ occurs only three times in the entire six pages. Twice when Torr is forced to use it in order to defame Woman’s Place as a hate-group, and once when they use it in order to outline why the fight for trans liberation demands combatting “lies like the notion that women’s rights and trans rights are in opposition (p.6).” (Maybe if you want us to believe that you’re not in the business of erasing us, it might be an idea to actually mention us as if we were humans and try to honestly outline our position eh Torr?) By contrast, Torr’s chosen vocabulary to name ‘uppity feminist women, their allies and their heretical beliefs about the existence of sex’ is much more frequent. ‘Transphobes’ get 11 mentions, and the amorphous polluting force of ‘transphobia’ comes in at a whopping 18 mentions. So yeah, not erasing or dehumanising women at all there then.
4. On the matter of ‘representing the views of the evil amorphous transphobic hordes’ we get the usual lies and hyperbole. There is an “endemic tide of hatred (p.1)”, we are heading a “counter-campaign of bigotry (p.1),” we believe that “trans people are not deserving of rights,” and that they are “unnatural and abnormal (p.1).” Of course, no evidence or citations are ever provided for these claims. And there is, as suggested above, an absolute refusal to deal even remotely honestly with the substance of our position – that sex exists, that female people are oppressed on the basis of sex, that male people are a statistical threat to female people, and that the demand that society be entirely reorganised on the pretence that sex does not exist represents a significant harm to female people, children, homosexuals and the entire fabric of fucking reality. The closest Torr gets to something approaching honesty is when they note that the left-wing opposition to trans ideology has got something to do with the fact that, um, socialists are supposed to be materialists. But this substantive objection is weakly handwaved away by asserting that our materialism is ‘reductive’ because we allegedly think humans are just “chemical processes (p.2)” (um yeah no, but I’m not sure you want to be lecturing us about obsessions with prescription human chemicals), or because our materialism fails to “account for the material social order. (p.2)” (TORR, IT’S CALLED PATRIARCHY. YOU MIGHT HAVE HEARD OF IT????) Anyway, this glancing moment of almost-truth is rapidly forgotten, and by the next paragraph we’re all a bunch of ‘centrist liberals’ engaged in the “intellectualised and respectable brand (p.2)” of transphobia ‘incubated’ by The NS and The Guardian (what has little OJ been up to?)
5. ‘The Roadmap to Trans Liberation’ that Torr advances to counter the transphobic hordes involves the prescription that ‘trans power’ should create “structures and organisations (p.4)” to advance their interests. This is the point where the extent of leave-taking from reality just starts to get silly. Torr, dear, your political movement is being advanced by the most staggeringly well-organised and funded set of institutions and mechanisms any purported civil rights movement has ever seen. Stonewall. Gendered Intelligence. GIRES. Press For Change. Scottish Trans Alliance. TELI. Engender. Mermaids. Most of whom are funded by the government and the lottery. I could go on and on. And that’s before we even get to all the Big Business that supported the GRA reform campaign. Or the fact that almost the entirety of civil society (The NHS. All the universities. The Army, Navy and MI5 and 6) have all signed up for those lovely Stonewall Diversity gongs and put in place policies determined in line with your vision of a world without sex. If you haven’t organised yet, what the actual living fuck will it look like when you do organise????
6. Which brings us to the final salvo of ‘BURN THE WITCHES.’ In order to “change the course of the future of this country (p.5)” and “avoid the coming catastrophe for trans people (p.6)” (which is what, exactly?) the Labour Party must “organise to remove transphobes [women] and transphobia [people who believe in sex-based rights] throughout the party (p.6).” The LP has failed trans people because “transphobes [women] have been able to organise freely throughout the party (p4).” (Women, being allowed to organise, freely, in a democratic political party, to express their political interests, FOR SHAME). Moreover, the Party included the pledge to “preserve ‘single-sex spaces’ (p.4)” in the 2019 Manifesto. (Yes Torr, they’re in the Equality Act, you don’t want to mess with women’s rights as given in the Equality Act do you?)…even though, Torr tells us, according to the Law Decreed by Stonewall (who are not a Trans Rights organisation you understand because none of those exist), women’s single sex spaces are “meaningless legally (p.4)” because they’re entirely accessible to people with GRCs anyway… (What were you saying about us having to accept that there’s no material conflict between your interests and ours again??).
At this point, as we’ve seen playing out over the last week, the whole thing collapses into pure totalitarianism. There’s all the fluffy Maoist talk about developing “education for the rank-and-file” in order to produce “awareness and affinity towards our movement (p.6)” (and what, pray tell, will happen to those of us who don’t ‘respond to education’???) I have to say, this scares the absolute crap out of me. Not because I think they’re really going to cart us all off to a re-education camp (although I’d like to see them try to explain the Genderbread Person while we pepper them with questions about why they’re forcing this sexist bullshit down our throats and whether they’ve considered the analogues between the transcendence of gendered souls and The Resurrection). But because I want to know what has happened to the brains of our young people that they think this kind of wanton authoritarianism is even remotely acceptable in a democracy. And I want to know why, after the most disastrous election in nearly two generations, they think this was a good moment to get the Labour Party to engage in gratuitous acts of self-immolation in full public view. Listen Torr, we are not going to let you bully us into complying with our own political annihilation. If you have the actual brass neck to start waxing on about the ‘arc of justice’ you need to understand this. Justice was never achieved by refusing recognition to any group of persons and their interests. It was never achieved by dehumanizing them as a faceless pathogenic force. And it was never ever achieved by fantasising about exiling and erasing them, by imagining you can purify yourself of an evil you have yourself constructed. LOOK US IN THE FACE TORR. WE ARE WOMEN. WE ARE PEOPLE. AND YOU ARE GOING TO HAVE TO TALK TO US.
Yesterday Kathleen suggested that, rather than making endless dark subtweets about what an evil toxic force we are, Alison Phipps actually tried talking to us like human beings and engage in debate about the ideas at the heart of this conflict.
Of course, that offer was refused. On the grounds that “’Reasonable debate’ cannot counter unreasonable ideas.’ Which is both convenient, and, if taken at face value, a pretty staggering statement from someone who is supposedly in the business of dealing with ideas. If taken at face value, ‘unreasonable’ here would mean something like ‘lacking in reasoned argument,’ or ‘not capable of being justified with compelling reasons.’ Maybe this is what Phipps means, but if so, she would have to, y’know, actually demonstrate that the many reasons we have given for our position are not, in fact, reasonable. Which would, indeed, be the entire point of asking her to intellectually engage with us, rather than just doing an endless ‘tut and move away’ manoeuvre. We have, over the course of the last years, written a decent pile of blog posts and essays and academic papers and twitter threads, explaining the basis of our objections to the ideology of the present form of the Trans Rights Movement, and the effect we think it will have on women and girls. We have received nothing by way of substantive critique which deals directly with those objections, even though we wrote a handy little guide basically asking for it, all of which leaves the distinct impression that advocates of the Trans Rights position don’t actually have a substantive response to our objections. If our position was actually ‘unreasonable’ in the first and most conventional sense, then engaging in reasoned debate with us would be exactly the way of demonstrating that. Of course, we’re going to conclude from Phipps’ swerve that she knows full well that she can’t answer our reasoned objections, and no surprises there – this absolute refusal to deal with the substance of the issue has been the core political tactic of the TRM from the start, and it’s because, simply, they can’t deal with reasoned objections. What they can, and have done, inveterately, instead, is weave a web of analogical relations to explain why we’re evil, why everything we say is evil, and why they don’t have to engage with us or anything we ever say because we’re SO. DAMN. EVIL.
This is actually what Phipps is saying when she calls us ‘unreasonable.’ It can’t be a (potentially) demonstrable claim about our position ‘lacking reasoned argument’ because if it were, the claim that ‘reasonable debate cannot defeat unreasonable ideas’ would make no sense. What it is, rather, I’d suggest, is a moral claim – a claim that we and our ideas are so morally delinquent that we can, and should, be excluded from the community of legitimate speaking subjects. (For a particularly piquant example of this move, here’s the bit where a bunch of our colleagues compared three lesbians to holocaust deniers and people advocating for the corrective rape of lesbians). For a group of people so profoundly concerned with questions of recognition, validation, and the harms of dehumanisation and exclusion, it is marked how absolute and implacable the TR position is when it comes to refusing anyone who questions their ideology or political agenda the merest hint of basic recognition. We are never to be taken as good actors who have genuinely motivated concerns or objections grounded in our own political analysis of the world. We will not be interpreted or understood in anything resembling our own terms, but are, instead, a venomous horde of boogeywomen summoned by the projections of our opponents. Feminism has a term for fashioning groups of people out of your own projections and flattening them into an undifferentiated dark morass that lacks individuated or interior life. We call it othering.
So, before JK charged in to raise our spirits, I sat down, Thursday morning, and in an effort to not stick my head in the toilet, decided to go through Maya’s judgement and break down the central conceptual moves and mistakes with a fine-tooth comb. It’s an absolute mess and dissecting the full form of the mess got a little bit (ahem) out of control. Still, #IStandWithMaya, and this is a core part of my beat, so, here we go….
The judgement functions by applying what’s known as the ‘Grainger criteria’ (see Grainger plc v Nicholson, 2010) to establish whether a philosophical belief constitutes something worthy of protection. The criteria stipulates that the belief must be a) genuinely held, b) a belief and not an opinion, based on present available information c) pertain to a weighty or substantial aspect of human life and behaviour d) have a level of cogency, seriousness, cohesion and importance and e) be worthy of respect in a democratic society as well as being not incompatible with human dignity or conflict with others’ rights. It’s important to note that what’s purportedly not under consideration here is whether the belief is true, scientific, or based on what many people consider to be a basic material fact about the world. When the case was being heard, many people asked why our political position was being defended under the rubric of ‘philosophical belief,’ to which the long and short answer is, ‘because the law has no provision for protecting people for stating material facts.’ Which is all of no small consequence, given that, at least from our perspective, the crux of this case is whether it’s permissible to state material facts if those facts cause some people emotional distress, or, in twitter rubric, it’s boils down to ‘facts vs. feelings’. Given this, whether the facts at the core of gender critical belief are, in fact, facts, is absolutely central to whether you think it’s reasonable, or reprehensible, to both hold and express them. It may be that because (allegedly) that’s not what’s under consideration here, the law is a badly made instrument for dealing with this question. Particularly when, I’d argue, the judgement only makes sense if you take the view that biological sex isn’t real, which – even though it’s purportedly outside the purview of the judgement – the judge, in fact, does.
Here we find that, just like trans activist discourse itself, the judgement is maddeningly circular. If it is the case that biological sex exists then this judgement simply falls apart in several places. Judge Tayler’s operating ontology surfaces in his refusal to recognise that for women to adequately express their political critique of trans activist demands it is necessary to point to sex and sometimes, even, to the sex of specific individuals – a refusal which effectively corresponds to an easy dismissal of the political stakes for women, and a blunt lack of respect for our specific political interests. The half-explicit denial of sex is also central to Tayler’s refusal of Maya’s claim that the GRA creates a legal fiction, a refusal that makes sense only on the basis of denying that there is any difference between legal and ontological sex. By suggesting that there is only the man-made structure of ‘legal sex,’ Tayler is effectively asserting the priority of the ideal/cultural over material/biological reality. Here, legal sex (like it’s conceptual twin ‘gender identity’) trumps/erases biological sex, and the judgement itself turns out to be a perfect performance of the core of the ideology we were seeking to show we had a lawful right to resist.
So, for safety sake, I’m going to delete some of my tweets from yesterday. Given the general hilarity that ensued, I thought I’d preserve some of the threads before I do…
Prelude – ‘It’s Funny How This Feminism Is So Attractive to Men’
The argument proceeding from clownfish.
The argument proceeding from strawberries.
The argument proceeding from seahorses.
“Intersex people are as common as redheads, so sex does not exist.”
“Sex is a spectrum, so males are female.”
“Bio-essentialism!” (Is that like thinking horses and carrots exist?)
“It’s SO COMPLICATED.”
“Thinking women exist is like thinking women are livestock,” aka “Stop reducing women to their genitals!”
“Everything is a social construct.”
“Because women are Black, disabled, poor, gay, etc,. women do not exist.”
“Everyone who says they are trans is trans. Except destransitioners. And evil witches. (Ask Owen Jones. He decides. With his sorting hat.).”
“Men would never bother identifying as woman to abuse women and children.”
“Sex is assigned at birth based on arbitrary genital configurations.”
“Women can’t beat men at sports because they just aren’t trying hard enough.”
“Michael Phelps has got big feet so sport is never fair.”
“Cis women are not oppressed as such.”
‘Cis womanhood is threatened by trans women.”
“I earned my womanhood. So I’m more of a woman than you.”
“I feel like a woman and I have biology therefore I have female biology.”
“Some women don’t have uteruses, so males can be women.”
“Mythical biological females.”
“But my gold lame pocketbook!”
“Sometimes a male brain grows a woman’s body by mistake.”
“Women are not oppressed on the basis of their sex. They’re oppressed because they wear lipstick.”
“Sex is an outdated concept.”
“Woman is a palimpsest.”
“Woman is Frankenstein’s Monster.”
“Woman is a loose shifting constellation of biological, political and cultural phenomena that varies according to context, time and space.”
“Woman is a void to be filled by other people’s desire.”
“One is not born, but rather becomes a woman.”