Archive for the ‘ Trans ’ Category

Paths of Pain, and the Ownership of Language.

Marc Maron recently ran a follow-up interview with fellow comedian Todd Glass, who had come out as gay on Marc’s podcast, WTF.  Marc’s podcast has often been strikingly introspective, and a moment came up that epitomized this. Glass started talking about language, the way that words can be weaponized, and the way he’s experienced this since coming out as gay:

(at 20:12) GLASS: But for me, I want to keep evolving.  I don’t want to be the type of person who drops one word out of my act and then the other word and then goes ‘oh my god, when’s it gonna stop? I’m done evolving!’  Don’t f***ing brag about that…  ‘Cause… you know, the reason those words — I realize it with the word ‘gay’ — the reason people think it’s not bad is they don’t see the path of pain where it leads back to…

That sticks out in my mind as important, as it speaks almost directly to the controversy that happened when Marc interviewed RuPaul Charles in the previous podcast, as part of RuPaul’s ongoing string of controversies over language:

(at 1:16:41) RUPAUL: No no no, it’s not the transsexual community who’s saying that. These are fringe people who are looking for storylines to strengthen their identity as victims. That is what we’re dealing with.  It’s not the trans community, because most people who are trans have been through hell and high water and they know — they’ve looked behind the curtain at Oz and went, ‘Oh, this is all a f***ing joke.  But, some people haven’t, and they’ve used their victimhood to create a situation…  If your idea of happiness has to do with someone else changing what they say, what they do, you are in for a f***ing hard-ass road.  Because the ego would have you think…  that is a trap that the ego will have you… it gets you every time…  My 32-year career speaks for itself.  I dance to a different drummer.  I believe that everybody, you can be whatever the hell you wanna be. I ain’t stopping you.  But don’t you dare tell me what I can do or say. It’s just words.  Yeah, words [mocking] ‘you… your words hurt me…’ You know what? Bitch, you need to get stronger.  You really do, because you know what, if you’re upset by something I said, you have bigger problems than you think.  I’m telling you this….

The sad thing about that is, earlier in the interview, RuPaul had some interesting but challenging things to say about building social movements around identity and about deconstructing “the matrix” of social illusions that people have.  While I don’t really agree with him on all points, it does provoke some thought and provide some insight about where he’s coming from.  “Identity” is a vague enough concept that it deserves to be questioned and picked apart from time to time, and that’s what RuPaul does.

Of course, language is also the means that people use to become self-aware, communicate that self to the world, and build common cause… so your mileage on that will vary.

The Spirit of It

Now, I don’t like playing word police.  I’ve done it a few times, and I recognize the importance of words and the evolution of language.  The effect that has on both forming social movements and shoring up one’s sense of self-respect (if not pride) is admittedly significant.  But the bigger issue is often the spirit with which something is said or intended.  So my overall thoughts on language are mixed.

Sometimes we only have the language we’re given.  We’ve only relatively recently coined “cisgender” and “cissexual” (words to mean “not transgender” and “not transsexual,” sort of like “heterosexual” is to “homosexual”) because using “normal” drips with judgment and condemnation, and “genetic” is not scientifically accurate or verifiable.

We still fight over terms like transgender, transsexual, trans* (with or without the asterisk), etc.  Depending on where you are, sometimes you need to be keeping a bloody scorecard.  In one group, people prefer “transgender” because it doesn’t imply that being trans is about sex; another group will prefer “transsexual” because it’s always been the term they knew, or because it is about changing the physical sex, for them; yet another group will totally reject “transsexual” because it was coined by the medical community and they want to reject the mental health stigma or the clinical abuses that people have faced in the years prior.

The words changed over time, too… it wasn’t that long ago that people embraced “tranny,” and sometimes even accepted the word “transvestite,” however inappropriate that might have been — either because they didn’t realize the implications of the word, or because it was the only label available in a drop-down menu, in one of those rare spaces we were welcome, at the time.  Although there’s a relatively consistent aversion to “tranny” and “shemale” now (aside from a few people who still use them to describe themselves), it hasn’t always been that way, and the labels each come with a plethora of nuances, and occasional people who embrace the terms for themselves.

I tend to prefer trans (or trans*), because it’s open-ended.  It’s supposed to be an adjective, not a straitjacket.  Personally, I’d hate to ever find myself parsing a descriptor so narrowly and precisely that it starts to define me, rather than the other way around.  But I really don’t blame people for getting a little peeved about there being a minefield of language.

And if you’re thinking that this kind of fight over language is just particular to trans* people, then keep in mind that decades later, LGBT people still have divisions over whether they want to retake or banish the word “queer.”  Divides exist in other communities, as well, such as the split over the terms “First Nations,” “Native,” “Indigenous,” “Aboriginal,” “Native American,” etc.:

“But lately, I question if we are empowered or disempowered by this term and this assigned title –and if it permeates and weakens our identity.

“Not the term in itself, but by all matters, machinery, and meaning (explicitly and implicitly) implied by the assignment of the title onto us by Canada, the acceptance of it on our part, and all that comes with such uncritical acceptance and internalization…”

…is a passage that almost looks as though it were plucked right out of an article on trans* -related language, doesn’t it?

Words are important to us.  They’re inevitably used to define us, so it’s natural for us to want to be the ones who determine what those words say.  Except that we can’t.  Abolishing a word isn’t going to erase the pain that went with it, nor will it change the attitudes of the people who wield the word as a weapon.

Because there can indeed be a path of pain associated with “tranny.”  When it was the language used whenever a person is attacked, disrespected, disowned, denied services, threatened, refused entry, humiliated, or more, it becomes a foci of microaggression: where any one incident can seem surmountable or even trivial, but when multiplied by thousands, it becomes monumental.  Perhaps RuPaul had the luck or privilege to escape a lot of that (he is, after all, able to take off the wig, makeup and sequins when it gets to be too much), or perhaps he found the rare strength to power through it all without it eroding his spirit — but trans* people at large aren’t always able to do the same.  Words have power.

What we can do in the discussion about language is assert our right to be respected, and to be dignified as the people we say we are. We are only ever entitled to speak for ourselves.  We never were empowered to label everyone who’s trans*.

RuPaul, of course, is speaking for himself, and that’s cool.  The whole word debate arises because he is speaking for himself, but trans* people — and just about everyone else, for that matter — assume that he’s labeling trans* people.  If there were a way to achieve clarity on this, it wouldn’t matter what terminology he embraces and throws around.

But where RuPaul Charles derails is not from pointing out the inevitable failure of communal self-identification (because we are not some homogenous collective Borg hive — I get that), but by invalidating those who are targeted by said language, and validating the ways the words are used to target them.  “Grow up, get a spine” is not helpful, and minimizes another’s pain.  While we’re busy trying to turn that “victimhood” into empowerment, RuPaul is there to act like there wouldn’t be any pain at all, if we only had more spine.  That’s not helpful, and it’s quite inelegant, at that.

The language debate became an argument over the willingness to respect.  Does one surrender the use of the word out of a willingness to listen to what someone has to say about who they are, what they need and what their life experiences mean… or do they instead extend a big middle finger to them and declare that they know better, and that (whether anyone likes it or not) they’re appointing yourself the arbiter of another person’s reality?

Not One-Sided

But that respect goes both ways.

Something that always bothered me about this discussion was that often it became an angry shouting match about who trans* people are not.  Most often, this has to do with people distancing themselves from drag queens.  Now, I’ll admit, it’s difficult to change the impression that the public has, when society routinely conflates trans* with drag.  Virtually every newspaper story you see on trans* issues is illustrated with a photo of drag queens in a Pride parade (okay to be fair, some are finally starting to know the difference).

Drag isn’t the same thing as trans*, although some trans* people find that a safe space to explore and / or come out, so there can be some overlap.  Trans* is different — not better, but different.  Clarity would be nice.  But what happens is that instead of calling for clarity, people slip into the same bigoted stereotypes and assumptions about others that they don’t want applied to themselves.  Denigrating someone else in order to elevate oneself is very low.

The new argument is that “drag is trans* blackface.”  But drag was never meant to lampoon trans* people — it lampoons gender itself, both masculinity and femininity simultaneously.  It’s quite likely that it’s becoming an art that’s past its time, because of the effect it has on intersecting groups and issues (i.e. that regardless of the original intent, in current context, trans* people are lampooned by circumstance), and the buttons that it now pushes.  But I’m not going to start that discussion here, nor will I malign the integrity and motives of the people who engage in drag… some of whom set out to challenge gender as much as anyone who is genderqueer, but simply took a different avenue and during a different time.  It’s a conversation that’s looming, but not one that trans* people can have arbitrarily and unilaterally — at least not if you believe in decolonizing activism.

There’s another group of people that are often taken issue with, in the discussion about the word “tranny.”

While composing this article, I ended up getting into a heated exchange in probably the worst venue to have an intelligent conversation — Facebook.  One follower had been pushing me to write on the subject, and decided to elaborate on why they felt words like “tranny” are offensive: she associated the word with the porn industry and prostitution, and didn’t like the implication of being associated with such people… “sleazy,” “freakish” and “deluded” (because apparently, doing sex work means that one must not be really trans*) people.

People like me.

I don’t do sex work now, mind you. I did at two points in my life, though — once when I first left home at 18, and again later when I transitioned and was more or less dropped off the payroll by my employer.  I was outted on this point a couple years ago and haven’t written about it much here — but I’ve been having to discuss it a lot more recently because of legislative issues in Canada. I’m not proud of it, but I’m not ashamed of it, either.

I didn’t use words like “tranny” or “shemale” then, mind you, unless it was part of a date’s fantasy (at which point one inevitably has to put up with it).  And currently, things are fading far enough into the rear-view mirror that it would make as much sense to call me a tranny as it would to call me a soup can.  So I have no vested interest in defending the words themselves.

But the words used are no longer relevant, because the question of intent goes both ways, too.  Because what I was really being told was that my conversant’s pain was from having to be associated with what they felt was a lesser form of person.

Your path of pain does not give you entitlement to create more pain by bulldozing through me.

And from this point forward, I am no longer interested in this argument about language — or at least not until we have a good, solid discussion about intent.  Because while I recognize that there is genuinely a path of pain that some people have regarding the word “tranny,” sometimes it’s really about disdain.

(Crossposted to The Bilerico Project)

Google Trends on “Transgender”

Posted for discussion and interest value.

Out of curiosity, I plunked the word “transgender” into Google Trends.  It’s not my terminology of choice, but it’s what most people use and what the general public is most likely to search for.  Here’s what I got:

transgoogletrends01

The numbers aren’t an exact value of something, but a comparative value versus the highest peak on record, which is apparently right now.  Or as Google Trends puts it:

Numbers represent search interest relative to the highest point on the chart. If at most 10% of searches for the given region and time frame were for “pizza,” we’d consider this 100. This doesn’t convey absolute search volume. Learn more

I don’t know if there were other stories that occurred during the same months of those peaks and contributing to the results — it’s possible, I’ve only noted what Google flagged as the top search item.

A few more charts:

transgoogletrends02

and

transgoogletrends03

Presented without commentary, in case anyone is curious.

Could Canada’s Anti-Sex Work Bill C-36 Also Stifle LGBT Speech?

Slightly over a week ago, Canada introduced legislation to replace the anti-prostitution laws that had been struck down by the Supreme Court of Canada.

The Conservative government has been trying to race Bill C-36 through both the House and the Senate simultaneously, at breakneck speed.  But the text of the bill has raised questions about its constitutionality.  Sex workers, mainstream media and even many Nordic model proponents and abolitionists agree that it places sex workers in even greater danger than the previous laws did.

But is there also a poison pill within the legislation that could be used to stifle LGBT and sex-positive speech?

Firstly, here is what the dubiously-named “Bill C-36, the Protection of Communities and Exploited Persons Act” does:

  • It re-criminalizes communicating for the purpose of commercial sex.  While there is said to be an exemption for the sex worker themselves, that exemption only applies if the communication is not in a public place and/or not “where persons under the age of 18 can reasonably be expected to be present” (a minor doesn’t actually have to be present), and not in the presence of another sex worker under the age of 18 (one controversy has arisen because underage sex workers can be charged if they work together for safety).  The law had been struck down previously because it put sex workers in unsafe situations by limiting their ability to screen clients, and negotiate what they were willing and unwilling to do.
  • It re-criminalizes the “common bawdy-house,” defined as a place “for the practice of acts of indecency, a place that is kept or occupied or resorted to by one or more persons.” This criminalizes massage parlours and strip clubs, if commercial sex occurs on their premises, and also prevents sex workers from having their own (or collective) space away from home to meet with clients.  The bawdy-house law had been previously struck down because it prevented sex workers from working collectively indoors.
  • It re-criminalizes “living off the avails…” (as “receiving a material benefit that derives” from the sale of sex). It does provide an exemption (subject to interpretation) for some roommates, spouses and children who live with sex workers, provided that nothing can be construed as an exploitative situation and no drugs are provided to the sex worker.  This also criminalizes escort agencies, and it is unclear how liable referrers, drivers, bodyguards, associates and other business partners could be.  This had also been previously struck down because it prevented sex workers from working together or making business arrangements that improve their safety and circumstances.
  • It now officially criminalizes the purchase of sex.  This is new (previously, it had been legal but associated activities were illegal), and it’s because of this that people are claiming the law is based on the Nordic model of prostitution laws, which aim to end demand while supposedly not targeting sex workers themselves — but Canada’s law goes very clearly beyond that point in several ways.  While many are claiming that this law will inevitably be struck down as unconstitutional, the Harper government’s gambit strategy is to criminalize sex work, so that it is no longer legally relevant whether the laws make it unsafe.
  • Something else that is entirely new is that the law criminalizes advertising “sexual services.”  Newspapers and websites are legally liable if commercial sex advertisements are found within their publications, and consequences can include fines or imprisonment — again with an exemption for the sex workers themselves, provided it is not in a public place and/or “where persons under the age of 18 can reasonably be expected to be present….” Weirdly, it appears that the Internet may be defined as a place where persons under the age of 18 can be reasonably expected to be present, for the purposes of this bill.

“Sexual services” is not defined, and I have asked elsewhere if this term could eventually be stretched in such a way that it ultimately bans porn.  The bill contains extensive search and seizure powers that at the very least provides all the legal teeth that such a ban would need.  Others have also asked if the vague nature of this term could be used to target sexual health services, sex-positive counseling, sex toys and more.

If the phrase “where persons under the age of 18 can reasonably be expected to be present” is reminiscent of Russia’s “homosexual propaganda” law, that may be by design — Canada’s criminalization of sex work owes more to Russia’s anti-prostitution laws than to the Nordic model.

(If anyone is interested in background of these specifics, I have posts at Rabble.ca about what the bill explicitly does, and how the bill makes a seriously flawed and damaging conflation between sex work and human trafficking.)

The Poison Pill

The new criminalization of “sexual service” advertising, however, is especially concerning.  Given the way that print and online publications are to be held liable for commercial sex advertising, there are serious implications for Canadians’ freedom of speech.  Beyond the obvious loss of advertising revenues that an LGBT publication might endure, there could also be wider-spread censorship if that legal liability also extends to Internet Service Providers (ISPs), for any such advertisements that could be found on their networks.

The question is not as absurd as it sounds.  It was only last July that Conservative MP Joy Smith loudly cheered Britain’s new law which required ISPs to institute a content filtering system requiring Britons to opt in if they want to be able to access anything deemed to be obscene or pornographic.  At the time, she had promised to flag this for the party to make a top priority, she said she was absolutely certain that the Prime Minister would be interested in taking action, and then nothing else has ever been said publicly about it.  Meanwhile, Joy Smith has been the Harper Conservatives’ most vocal proponent of Bill C-36, and given many comments by her Conservative Party colleagues, it would seem that she also had a hand in drafting the bill and / or lobbying for it among Members of Parliament.  And the only groups that have been very happy with Bill C-36 have been a number of religious groups, who seem to be the only consultants that were listened to.

Filters have caused minor controversies in Canada before, such as when Tim Hortons had to apologize for blocking DailyXtra from WiFi users.  However, they’ve not improved very much, over time, and have never been applied in a global fashion.

If ISPs are legally liable for (or could be threatened with legal liability for) advertisements of sexual services found on their networks under the terms of C-36, then out of necessity and self-preservation, ISPs would need to institute a content filtering system, nationwide.  Unlike Britain’s, there may not be an opt-in alternative.  This would be doubly reinforced if pornography were deemed a “sexual service” (i.e. by acting as an intermediary) at some point.

Where this becomes especially a concern for free speech is that content filters are incredibly arbitrary, and any filter system designed to effectively intercept commercial sex advertising would inevitably be overly broad.

The result of the filters implemented in Britain has been a deliberately quiet reduction in access to a great many things:

“The filters block a wide variety of content, from hardcore porn to extremist political sites… those “porn blockers” have already proven to be ineffective, blocking plenty of harmless sites and failing to tell the difference between sex education forums and porn. In one case, a domestic abuse helpline was blocked as inappropriate material, while many actual porn sites are still accessible through the filters.”

Back in January, The Guardian‘s Laurie Penny asserted that blocking more than porn was both the intent and the inevitable consequence of the government’s content filtering initiative.  Casualties of the filter system had included “helplines like Childline and the NSPCC, domestic violence and suicide prevention services.”  The New Statesman reported in December that one ISP advertised that its filters would block gay and lesbian content:

“BT have since reworded this description to remove the ‘gay and lesbian’ reference, but given that their filtering is provided by an unnamed “third party supplier” it seems highly unlikely that the filter itself has changed overnight – merely the description.”

What is and isn’t allowed still can’t be determined except through trial and error.  The Cameron government had to draw up a whitelist to force-allow sites that have been noticed to have inadvertently run afoul of the censor.  But the scope of the filters has grown since its initial introduction to also include discussions deemed politically radical — an addition stated to be because of the possibility of the propagation of terrorism.

While a C-36 inspired filter system would operate differently because of what it’s intended to block — advertisements of sexual services, rather than pornography — that doesn’t mean that the filters would be any less clumsy.  While search terms like “escort” would be natural flags for a filter system, ISPs that are worried about legal repercussions would necessarily include a wider array of tags, to try to prevent anyone from getting around the filters.   Given the subjective nature of the term “sexual services,” something that’s open to wide interpretation, this could result in the “just in case” mentality, where businesses and individuals apply the rule in an overly broad way, to avoid any possible complaints or legal liabilities. And then there’s the problem of filtering images, which don’t of themselves have keywords other than the descriptions assigned to them.

Given the avid support that MP Joy Smith has shown to both C-36 and content filtering — as well as the Bill’s obvious pandering to far right groups that have called for a Canadian equivalent to a Russian-style “homosexual propaganda” law — it’s a reasonable question to ask.

Canadians concerned about this possibility can contact their MP (who can be determined through a search on the parl.gc.ca main page), and civilly but clearly ask for assurance that the ban on sexual service advertising in C-36 could not be used in this manner.  They’re also encouraged to find out more about what the bill does, and voice their opposition or their concerns about how this affects sex workers.  They should CC their message to Minister of Justice Peter MacKay, and if their Member of Parliament is a Conservative, they might also want to copy an interested member of the opposition, such as Françoise Boivin (NDP), Sean Casey (Lib.) or Elizabeth May (Greens).  This must be done quickly, however.

Bill C-36 will be voted on at Second Reading on Monday June 16th, after Question Period at 3:00pm.  From there, it could proceed to Third (and final) Reading, or to a committee stage for amendments (although it appears the Conservatives prefer to pass it as soon as possible).

(Crossposted to The Bilerico Project)

“Protective” Custody

The way that trans people are housed in detention and correctional settings has come to attention recently, after British comedian Avery Edison was detained by the Canadian Border Services Agency (CBSA) for having previously overstayed her visa — and then she was initially sent to a mens’ prison while the issue was sorted out.  After an outcry. Ms. Edison was moved to a female facility, but a number of other experiences that trans people have had with CBSA and Correctional Services Canada (CSC) have also come to light.

On Friday, I’d posted an article discussing some of the issues that come into play regarding housing in detention and corrections facilities, as well as a starting point toward a better solution. Hours later, news surfaced of yet another serious housing incident.

Katlynn Griffith was taken to a the Ottawa-Carleton Detention Centre, and placed in a holding cell with four men.  She asked to be moved because of concerns for her safety, so she was moved to protective custody.  In this case, “protective custody” means that she shared a cell with two accused male sex offenders.

She was finally transferred to a womens’ section of the jail the following morning.  CBC reports:

Baxter said while in custody, Griffith was subjected to homophobic slurs from inmates and requests to perform sexual acts and was allegedly referred to as ‘it’ by guards.

The Cracked Crystal Ball II calls this an act of aggression on the part of the guards:

The only way this makes sense is if the guards believe that their role is to mete out arbitrary punishment over and above what incarceration already is.

How often does this have to continue to happen before CSC and CBSA admit that there’s a problem?

Reprising from Friday’s article:

And yet, the solution is far easier than one might expect.  Housing trans people “in a way that is not inconsistent with their gender identity” allows for situation-relative options, while still providing dignity for trans people and safety for all concerned…

Extensive discussion at the link.

On the Detention of Trans People

(This article has been updated with information newly disclosed in a report by Global News — Mercedes, 24April14)

“… in a way that is not inconsistent with one’s gender identity.”

Remember that phrase.  It’s going to simplify something that might otherwise seem like a complicated issue.

So this British comedian walks into Toronto’s Pearson International Airport.

Some of you have heard this one before…

The treatment of trans people (particularly trans women) in detention facilities, in the correctional system and in border security has come under re-examination recently, following the story of 25-year old Avery Edison.  The British comedian had overstayed her student visa during a previous visit to Canada, and so upon her return, she was detained by the Canadian Border Services Agency (CBSA).  That would all be unremarkable, if not for the fact that she is trans… which means that CBSA did not feel they had a space to accommodate her, and instead sent her to spend the night in a mens’ prison.

This led to a backlash against CBSA (and to a degree also Correctional Services Canada, which has a similar policy to CBSA and which provided the prison facility).  By evening, it was being reported that Avery was being moved to the Vanier Centre for Women.  She has since returned to the U.K. (and has talked about the experience on a few occasions).

But although Edison’s situation has been resolved, her experience leaves unanswered questions about how trans people are handled in correctional and detention systems.  And since her situation, two other incidents have brought the issue back to media attention.

A Human Rights Law Point of Note

Human rights law with regard to trans people is still in a state of flux.  In the discussion about Avery’s situation, people pointed to Toby’s Act, a trans human rights law that had been passed in the Province of Ontario, and claimed that the detention was a violation of that law.  But even though Edison’s detention happened in Toronto, Toby’s Act does not apply.  The Canadian Border Services Agency (CBSA) — like Correctional Services Canada (CSC) and the RCMP — is a federal agency, and therefore subject to federal legislation.

On the other hand, Randall Garrison’s federal trans human rights bill, C-279 — which passed in Parliament and is awaiting approval by the Senate — would apply… but it hasn’t received Royal Assent as of yet.  A similar but more comprehensive bill (Bill Siksay’s C-389) passed in the previous Parliament, but died before receiving Senate approval, when an election was called.  C-279 would apply to federal institutions, while most peoples’ employment, housing and access-to-service situations remain provincial in jurisdiction.  And to be fair, even if Bill C-279 had been given Royal Assent, it would still likely take CBSA, CSC and other federal agencies some time to bring their policies in line to be consistent with it.

However, they have had since at least 2011 to realize that there would eventually need to be a policy change, and have not done anything (including other previous issues at the border alone, in 2013).  A trans human rights law will inevitably pass, whether in this session or in the next Parliament.  The time to plan for and begin that change is now.

Housing of Trans Inmates and Detainees

Correctional and detention facilities currently house trans people (and people who were born with intersex medical conditions) according to the configuration of their genitalia — if you have a penis, you’re housed with males, and if you have a vagina, you’re housed with females.   This policy is also accompanied by a lot of gender essentialism, invalidation, misgendering and antagonism, both from hostile staff and from other detainees or inmates.  And although some will minimize this as inconsequential or as mere expressions of free speech, the lived experience of it is in fact one of deliberate and sustained hostility and dehumanization.

This housing policy can create a cyclical problem in which trans people are housed contrary to their gender identities because of their genitalia, but are also then denied access to medical care like genital reassignment surgery (GRS), which would (by extension) be a crucial step toward obtaining more appropriate housing.  In the U.S., a 14-year-long series of lawsuits pertaining to access to medical services continues, following the appeal of the most recent verdict in Michelle Kosilek’s favour.

In Canada, a human rights complaint had resolved the issue in trans peoples’ favour in 2001, but a 2010 directive from the Harper government instructed CSC to stop funding GRS surgeries, anyway.  The post-2001 policy is still on CSC’s website, but the actual practice under the Harper government has been to ignore the policy and deny GRS, which the government insists is not essential (contrary to the medical consensus).  The Conservative government does so via a distortion of the “real life test” (RLE, better known as “real life experience”) recommended by the WPATH Standards of Care (SoC).  The SoC requires living as ones identified gender for one year in the community, and the government considers that RLE suspended when a person is incarcerated (contrary to WPATH’s intent).  This “suspension” of the RLE also opens up the possibility of ignoring an inmate’s attempt to transition, or denying things like hormone therapy, although it’s not certain if this is occurring.  Prisoners’ Legal Services, based in B.C., is fighting to change CSC’s interpretation of the RLE.

Of course, there are two larger issues outside of this vicious circle.  The first is that “trans” covers a diversity of people.  Trans can signify a biological transition from one’s birth sex to their identified sex (which treads into medical territory, and refers to the people most commonly thought of), or a need to live between genders or independent of gender somehow (mostly through various modes of gender expression, but also sometimes involving some medical transition) — or some combination of those two characteristics.  [NB: the reason I use "trans" terminology, in fact, is to demonstrate that I'm referring to a diversity of people who are not easily defined under a single label]  For trans people who need surgery, there is often an anxiety and dysphoria that can make it a substantial and urgent need — but not all trans people experience that dysphoria or require surgery.

That leads to the second larger issue — that a person shouldn’t have to undergo major surgery/ies in order to be entitled to the same human rights and dignity as their peers.

And everyday practice does not always align with policy, for that matter. In American prisons, there have been cases where housing was sometimes not even determined by genitalia or identification documents — even though those are the policies — but by a subjective visual assessment of a person’s gender.  And sometimes, they have been completely wrong.  It has certainly led to trans women being housed with men even if they have had genital reassignment surgery.  Canadian prisons may have a better track record in this regard (although Avery Edison had a female gender marker on her ID), but it really depends on the employees empowered to make judgment calls.  We’ll return to that point.

Identity Documents

Part of what discourages institutions like CBSA and CSC from addressing trans accommodations is the fact that identity documents further confuse the issue.

Most provinces have policies requiring surgery and a doctor’s examination of genitals before gender markers can be updated — something that brings up human rights issues, especially when one considers that a genital reassignment surgery requirement is also a form of sterilization, essentially barring trans people from future procreation.  If that sounds like stretching to you, it’s worth remembering that at one time, some countries consciously codified this into their laws.

This surgery requirement creates hardships, however.  As not everyone medically transitions and/or proceeds to surgery, this results in incongruent identification.  For those who do transition medically, the process is at minimum a year (recommended by the current medical standards of care set by WPATH), but more often takes several, especially when there are barriers in accessing medical care, financial issues and other challenges.  During this time, incongruent identification opens people up to disenfranchisement, discrimination and even violence.

For this reason, some provinces have been revising their policies.  This is an important step to allowing trans people to participate in society, but in the interim, it also creates a situation in which identity documents are inconsistent from province to province.

In terms of border security, they’re even less consistent from country to country.  Some provinces (and some U.S. states) do not allow trans people to change the gender marker on their identification ever (regardless of surgical status).  A few nations are now starting to include the option of third gender markers (such as “X” for “not specified”).

And even when policies of accommodation exist, sometimes the steps to get there are amazingly inscrutable — witness this handy flow chart spanning three pages, outlining the steps a trans person needs to go through to obtain a gender-congruent passport, in Canada.

Consequently, identification documents can’t — at this point in time, at least — provide any definitive guidance on how trans people should be housed in correctional or detention situations.

(Trigger warning: there is some general discussion about rape and the fear of potential rape situations below)

“… in a way that is not inconsistent with one’s gender identity.”

Entities like CBSA and CSC are often afraid to look at changing their policies on trans people because it seems too daunting a task — and the complexities of identification certainly reinforce this impression.  Often, the idea of housing a woman who has a penis with other women also brings up the spectre of rape in womens’ institutions, and so correctional systems can be loath to considering change.

It is unreasonable to assume that women who have penises are automatically potential sex predators.  On the other hand, it is also unreasonable to require that all women with penises be accommodated in general female populations.  What’s missing is context, and a reasonable assessment of the risk that any individual (because predators exist in any characteristic population, even among cis women) poses to others.  A woman with a history of violence is justifiably going to be viewed differently from one who overstayed her visa.  An individual’s history must absolutely be taken into account.  Accommodation as one’s identified gender is an ideal situation, but violence, predation and other factors in detained individuals’ histories certainly has to be considered.

And yet, the solution is far easier than one might expect.  Housing trans people “in a way that is not inconsistent with their gender identity” allows for situation-relative options, while still providing dignity for trans people and safety for all concerned.  Accommodations for a trans woman might be a female facility, a trans- or LGBT-focused facility, short-term isolation or semi-isolation, or some other alternative.  No one solution fits all — for example, a trans-focused wing might still deny people access to programs that are available to other inmates and which they would otherwise qualify for — so a final decision is inevitably context-dependent.  Individual histories and risk assessments can be taken into account.  Individuals can be moved according to the varying levels of risk they both pose and are potentially subject to from other inmates (the latter seems to often be forgotten when discussing housing of trans people).  And yet a trans woman’s identity as a woman can still be respected.

One’s gender identity can be determined through a combination of factors, starting with a person’s own self-identification, and verified through supporting information, such as the individual’s gender expression, their identification (if updated), the name that they are currently using (i.e. if found on a piece of mail or correspondence on their cell phone), a letter from their doctor, or other supporting information.  There should be some flexibility, because hard-specifying particular forms of verification can be problematic: for example, not everyone can afford to update their legal identity information; also, requiring a letter from a doctor can create an institutional barrier to being accorded one’s human rights.

An individual’s own wishes should also be taken into account.   For example, some trans men are uncomfortable with the idea of being housed with males in detention and correctional systems.  And some trans people do not identify as either gender.

Although there may not be a hard-and-fast rule for every situation, housing trans people “in a way that is not inconsistent with their gender identity” provides a respectable base from which to start, within the context of nearly any given situation.

It’s More Than Housing

It’s absolutely crucial that staff receive training on professional communication with and treatment of transgender and gender nonconforming inmates.  They also need to be aware of intersex conditions enough to respect individuals who may not identify as trans, but still not neatly fit into binary housing defined by physical sex.

Police forces have begun to revise their policies surrounding strip searches of trans people, so that they’re searched by a person of their identified gender, or else they can opt for a “split search,” with one male and one female officer.  This is because strip searches of trans women by male officers has historically resulted in abuse, and resulted in a 2006 ruling asserting trans peoples’ right to dignity.

Correctional and border security institutions need to adopt similar policies, and to also ban gratuitous searches or physical examinations of transgender inmates and those with intersex conditions solely for determining their genital status.  If the need for a genital examination arises outside of a necessary strip search scenario, it should be conducted by medical professionals, with the understanding that the option to be examined by a medical professional of ones identified gender should still apply.

Rape and Torture Were Not the Penalty

People who are incarcerated in the correctional system are usually not given a lot of sympathy, and people detained by border and immigration services have been increasingly seen with the same kind of negativity (or at best, ambivalence).  It’s important to remember that regardless of what a person has done, they’re still entitled to due process and the same rights and dignity of others in the correctional system.  We certainly don’t sentence people to prison rape, for example.  As soon as a person is targeted for specifically additional treatment because of who they are, that quickly becomes cruel and unusual punishment.  And it’s important for social movements to care about all of those within their constituencies — even those who make mistakes.

In the case of trans people in detention situations or worse, that cruel and unusual punishment starts with constant hostility and antagonism pertaining to their gender identities.  Pronouns and names become weapons, and that is simply the start.  Trans women housed in male facilities also become very obvious targets for potential rape.  This is significant, and it can be argued that by consciously and deliberately housing trans women with men, the Canadian government may in fact be institutionally sanctioning that rape.

Institutions usually try to reduce this risk of rape by keeping trans people in administrative segregation — a nicer way of saying “solitary confinement.”  This removes social interaction almost entirely, it is psychologically devastating, and the United Nations asserts that over 15 consecutive days of solitary confinement classifies as torture.  For trans women, solitary confinement is sometimes the full length of their incarceration.

Avery Edison’s story and those that have followed reveal not only a problem with housing by CBSA and CSC, but also a severe education issue among staff in both the border and correctional systems. Both can be remedied… it’s just a question of whether institutions want to do so.

The Difficulties in Remembering Rosa

RosaRibutIn the early morning hours of November 24th, the body of a possibly trans person was found in Edmonton, Alberta.

I say “possibly trans” because it’s unclear how this person identified, and to my knowledge, no one in the trans community has met them or would be able to shed light on who they were.  And unfortunately, for this reason, I need to open with the following preamble:

The victim has been identified by the Edmonton Police Service as Jon Syah Ribut.  However, she also used the names Rose, Rosa and Dido. In the Edmonton Journal, Paula Simons noted that  “… it’s not clear whether Ribut saw himself as transgender — or as a gay man who sometimes liked to cross-dress — or as something else altogether….” Although Simons (a journalist who is is trans-aware and trans-positive) uses male names and pronouns, it’s clear that she’s conflicted about it and knows that more information is needed.  I will be using a female name and pronouns instead, but want to stress that both Simons and I are making a guess, and either of us could just as easily be wrong.

Rosa Ribut died of blunt force trauma, and 20-year-old Marcel Cristian Niculae has been charged in her death.  There is no further information being given yet as to what happened or what the motive might have been.

Ribut, 35, was an Indonesian citizen who came to Canada in 2012 under the Temporary Foreign Worker program.  She had been working at a 7-Eleven in that capacity (presenting as male), but had also taken up working evenings as a female-presenting escort.

Canada’s Temporary Foreign Worker (TFW) program allows employers to bring in foreign workers and employ them for below minimum wage, with fewer regulations governing employer obligations to staff.  Temporary foreign workers are not eligible for public health care coverage or other social programs, and lose their residency if they quit their jobs, the net result of which is a more vulnerable and dependent workforce.  While there is no indication that the TFW program was used to bring her to Canada for sex work, a temporary worker employed at a 7-Eleven convenience store wouldn’t have had it very easy making ends meet on that income alone.

Ribut was from Indonesia, where “warias” (often characterized as males born with female souls — it’s not known if Ribut identified in this way) had once been traditionally respected.  However, trans people in Indonesia have been increasingly ostracized and have also faced challenges to their legal status over the years.  More recently, trans women have been targeted by vice raids that conflate trans people with sex workers, regardless of whether they are or not. In some parts of the country, the Muslim group Islam Defenders Front (FPI) have waged a cultural campaign against trans people, intimidating advocates and forcing the closure of trans and LGBT functions, while the National Police have been reluctant to intervene.

While it’s possible that Rosa Ribut was targeted for violence because of her gender, certainly the marginalization that sex workers experience made her vulnerable to the attack, and her escorting work is thought to be a contributing factor to the events of her murder.  December 17th is the International Day to End Violence Against Sex Workers, and the murder of Rosa Ribut is a tragic reminder of the brutality that sex workers sometimes face.  Trans people have a similar memorial in November of every year, but it should also be recognized how people of intersecting minority characteristics (trans status, sex work, race and / or the poverty-classed) can experience a disproportionately high amount of hatred, violence and risk.

Little about Rosa is known, other than details culled from her Facebook page (now offline).  According to the Edmonton Journal:

“His friends called him Rosa or Rose or Dido. For them, he posted pictures of himself enjoying the Edmonton winter — frolicking in the snow at the legislature grounds, shopping on trendy 104th Street. People tend to curate their Facebook pages to put the happiest gloss on our lives. But certainly, nothing in Ribut’s Facebook timeline suggests he was in Edmonton under duress. He joked online that he was a snow princess, who’d come here to find his snow prince…”

More details will likely follow in the coming months.

Janice Raymond, and Healing Old Wounds

This post is a personal reflection on Janice Raymond’s visit to Vancouver during a memorial for the victims of the massacre of women at L’École Polytechnique, which took place in Montreal 24 years ago.  For an overview of the controversy, why Janice Raymond’s presence (as well as some other aspects of that day’s program) drew anger from trans and sex work communities, and the different facets to that situation, please refer to my article at Rabble.  What follows is my personal reflection, recorded separately.

This blog post was originally going to be something very different, a personal recollection of how Janice Raymond’s writings had personally impacted me, how to heal from that, and the larger question of how to heal the old wounds that exist between trans and womens’ movements (a question that has been heavy on my mind over the past while).  After the publication of my article about her appearance at a memorial in Vancouver, the response to that article showed me that the former is something I don’t have the luxury of time to dwell on just yet, and the latter question is clearly more urgent.

A few of the responses accused me of having an agenda when I wrote the piece, Memorial draws controversy over invitation of speaker Janice Raymond, probably because I (as acknowledged in my bio at the end) have a trans history, myself.  In all honesty, my aim in writing it was to dig into a rather complex situation, be as objective as possible, and present several different points of view in a way that was true to the speakers and independent of myself.  Along the way, it meant examining a number of things, including the histories of Janice Raymond and the event sponsor that invited her, Vancouver Rape Relief (VRR); the use of the tragic memorial to promote a sex work abolition agenda that some felt was unrelated to the tragedy being commemorated; the trans and sex work communities’ response, and the complexities of responding while also not intruding on the larger context of a memorial.  If there was any take-away that I wanted readers to have, it would be to ask questions that might lead to the aforementioned healing.  A good journalist leaves the end response up to the reader, though, and the response I heard was unexpected.

What I didn’t expect was the visceral reaction that readers would have both to quotations of Raymond’s writing, and to the event sponsor’s policy on trans women.  To me, those things had been long-known issues.  Raymond’s book was first published in 1979, and the way it and her paper “Technology on the Social and Ethical Aspects of Transsexual Surgery“ were used to cut health care funding and close gender clinics are a matter of public record (although while looking for a link, I discovered that those events of the 1980s are better remembered by trans bloggers than by anyone else.  There are few, if any, people who are considered more controversial to the trans community than Janice Raymond.

Regarding the exemption of trans women from VRR’s primary services, I’d heard about this sporadically for years, and Vancouverites were still periodically tweeting upset about it before it was announced that VRR would be inviting Raymond to speak there.  So to me, this also seemed a long-known and ongoing concern: that while VRR will ensure that anyone facing an urgent emergency will be helped by referring them elsewhere, VRR will not provide the core of their services (shelter, counseling) to trans women. This exclusion can be traced all the way back to the 12-year Nixon v RR legal dispute, in which the Vancouver Rape Relief collective won the right to choose who could be a member and participant in the collective, even if that selection was made out of the belief that trans women aren’t women.

What I gleaned from interviewing VRR’s Hilla Kerner was the encouraging information that the views of the collective vary quite a bit on trans issues.  When I asked her about the exclusion, she sounded possibly regretful, perhaps uncomfortably embarrassed, and trying to rationalize the exclusion in a way that sounds reasonable if you don’t think about it too much:

“I’ll say it the other way.  There will not be a situation that someone is not safe in calling us, in which we would not help them to get safe.  It has nothing to do with who we are or what we do. It’s a basic human compassion.  To all people.  On the other hand, our core service is based on peer counseling and consciousness-raising and we’re only going to work with people, in this case, with women-born-women, who share the same experience.  And I think that transgender people who this model is appealing to them and want to have what we have, I think that the rationale from that will be that if you want to operate a consciousness raising / peer counseling -based service, probably a service that is designed by a transgender and operated by transgender and support and offer the peer counseling to other transgender who have a similar journey in life… because it’s a concept of consciousness-raising in a peer counseling context.”

But to Rabble readers, apparently, the exclusion of trans women from VRR services was a mostly new and shocking piece of information.

And that’s the first problem with wanting to heal a division of this sort, when that old division is still being allowed to persist in the form of policy.  Healing starts with talking about an issue, but if that issue is entrenched in current policy, doing so sometimes threatens to reopen old wounds.  Yet talk we must… and ask questions.

Part of what led me to believe that the exclusionary policy would not be shocking was that VRR’s website still documents some of its members’, supporters’ and like-minded activists’ past views toward trans people, such as Sheila Jeffreys’ assertions that “from a feminist perspective… transsexualism should be seen as a violation of human rights,” and compared the availability of genital reassignment surgery to lobotomy, which trans people should be saved from, for their own sake: “The mutilation of healthy bodies and the subjection of such bodies to dangerous and life-threatening continuing treatment violates such people’s rights to live with dignity in the body into which they were born.”  There is one essay on the website which talks about building bridges (while retaining the systemic exclusion, of course), but relies on one trans woman’s assertion that: “Well, let’s be clear on one thing from the start. As to M to F transsexuals, we can never be real women,” and “demanding equal treatment is not acceptable or productive…”

Most of those documents date from around 2000 to 2002, after the B.C. Supreme Court’s ruling in Nixon v. RR, but before the Supreme Court of Canada refused to hear the case (thus making the last ruling stand).  With websites, things often get posted and forgotten, only to need questioning years later.

Times have changed, and so has our collective understanding of trans people and trans issues.  It’s time to question these old attitudes, but that requires unearthing them again.  That’s not an easy thing to do, apparently, without having the reaction turn to anger, instead of resolution and healing… which take much more mutual effort.  But I believe that the focus needs to be kept on the latter as much as possible.

Perhaps before we can heal the rifts between collective movements, we need to try to heal the way we talk about them.  And each other.  As one interested party, I’m still trying to find what that way is.

The question comes at a time when something being called “trans-exclusionary radical feminism” (TERF), a fringe offshoot of feminism largely inspired by Janice Raymond and Sheila Jeffreys, is attempting to make a comeback.  While adherents have reopened some of those old wounds elsewhere, the philosophy doesn’t really resonate with mainstream feminism, which understands that division and demonization have rarely been good ways to build movements; that oppression has always been a poor way to fight oppression.

More important to remember, of course, is that there are many areas where the forms of oppression we face overlap.  Misogyny is a significant portion of what makes up transphobia, for example, because it is the perceptively non-masculine aspect of trans people that the cis (non-trans) public most reacts to in hatred.  Although much of the TERF critique of trans politics centers upon the possibility that trans people may reinforce an oppressive gender binary, the truth is that trans people are demonized in the rest of society exactly because they call that binary into question, are uncertainly in-or-out of that binary, blur its edges and raise challenging questions about sex, gender and human existence.  These kinds of overlap are completely missed when a policy of exclusion assumes that poverty, inequity, vulnerability and rape are somehow irrevocably different experiences simply because one had been born or socialized as male.

But we need to strive for that healing, especially if social movements want to transcend their own self-imposed boundaries and bring about true lasting change.  Healing and building critical mass go hand in hand.  As long as activism requires thinking in terms of colonies (even if umbrella-like), rather than in terms of alliances and intersections — ownership, rather than solidarity — it will be forever fractured and expending its valuable energy on policing its boundaries and propagating oppression — not on dismantling it.

And when I say all of this, I’ve not forgotten the other aspect of VRR’s controversy, surrounding sex work.  If anything, the discussion about feminism, transfeminism and the old wounds from that conflict serves as a cautionary tale, to question one’s activism, lest it do damage to sex workers, and this entire situation be revisited again in another form, in another ten years.

Healing should be preferable by far, over anger and exclusion.

For a case in point, this entire discussion began within the context of a memorial for the victims of the massacre at L’École Polytechnique in Montreal 24 years ago.  It has to be one of the most vivid examples of sheer hatred on historic record, and was undertaken by a man who does not deserve to be named, and who specifically targeted women, claiming he was fighting feminism.  That action is a deep scar in the psyche of Canadian women (and women worldwide).

The most disturbing thing that could come out of the controversy of the past weekend is if the tragedy of the École Polytechnique massacre becomes forgotten, turned into an opportunity for three communities that should be natural allies — the womens’ movement, the sex workers’ rights movement, and the trans rights movement — to instead do violence to each other.

(Crossposted to Rabble.ca)

Guest Post: El Feministo’s Open Letter re: Janice Raymond at Vancouver’s Ecole Polytechnique Massacre Memorial

On November 30th, a “Montreal Massacre Memorial 2013” event is being held in Vancouver to remember the victims of the massacre at l’Ecole Polytechnique, and to seek ways to end violence against women.  It’d be the kind of thing I’d be happy to promote, if it weren’t poisoned with this: sponsor Vancouver Rape Relief (VRR) has invited Janice Raymond to provide a lecture entitled “Prostitution: Not a Job, not a Choice” — hijacking the very real and urgent problem of violence against women, to try to win support for the abolition of sex work.  Raymond also has a long history of transphobia which is well-detailed below (along with VRR’s own transphobic history), and resulted in a long and bitter rift between trans and feminist movements. — M

El Feministo posted the following letter at Babble, the message board at Rabble.ca:

—————————————–

18 November 2013

To Vancouver Public Library management and board, Vancouver Rape Relief management, collective, and board, and to members, donors, and volunteers with both organizations:

I am writing regarding Vancouver Rape Relief’s (VRR’s) intent to host Janice Raymond at their “Montreal Massacre Memorial 2013” event hosted by Vancouver Public Library (VPL) on Nov. 30, 2013. Ms. Raymond is to deliver a talk titled “Prostitution: Not a Job, not a Choice”. Further to Raymond’s controversial stance on prostitution, you are likely aware of Raymond’s notorious stance toward transgendered people, too. I am requesting that space be made available to both transgender communities and sex work communities to respond to Ms. Raymond when she speaks at VPL.

Ms. Raymond is infamous for suggesting that “medicalized transsexualism represents only one more aspect of patriarchal hegemony” and arguing that transgendered people should be morally mandated “out of existence”. She also wrote Technology on the Social and Ethical Aspects of Transsexual Surgery, for the US Government, which led to the elimination of US federal and state aid for indigent and imprisoned transsexual persons – legislation which some speculate facilitated the deaths of already-marginalized trans persons. Raymond’s opinions on prostitution are similarly controversial, and widely criticized: her testimony in Bedford v. Canada was judged not to be credible. Her promotion of the belief that “legalization or decriminalization of prostitution … promotes trafficking” has been widely debunked and policies based on this mistaken assumption (like the USA’s PEPFAR legislation, until it was struck down by the US Supreme Courthave been shown to have harmful effects.

Meanwhile, VRR’s negativity toward transgender people is well-documented in coverage of VRR’s dispute with Kim Nixon in the 1990s. However, you may not know that VRR continues to perpetuate this conflict, with VRR insinuating “real woman” discourse into UBC’s recent Take Back the Night event. VRR collective member (and de facto leader) Lee Lakeman’s recent defamation of Ms. Nixon in the form of public accusation of felony theft continues VRR’s aggression toward transgender people – a politics of exclusion reified into a praxis of hate (to this day, VRR argues that transgender is not an identity, but rather, say VRR, “it is really an insidious form of paralyzing liberalism which translates into ultraconservatism in action”). Moreover, VRR’s ideological bond with Raymond’s politics is reflected in VRR’s role as the home of the Canadian Association of Sexual Assault Centres (CASAC)authors of a 2013 statement which prioritizes the elimination of sex work over all other women’s issues.

Whereas VPL intends to host an event sponsored by VRR, featuring Raymond, I refer you to VPL’s policy, which “is responsible for working with its communities to create services that diverse communities identify as respectful, inclusive, and accessible” with specific regard to “sexual orientation, gender identity,” etc. In light of this policy, I am asking both VPL and VRR to ensure that Janice Raymond’s presence at VPL includes the voices of the communities that she and VRR excludes. I am appealing to the Library’s Diversity and Inclusion Statement (referenced above) as well as to theLibrary’s meeting room policy, which in turn refers to the BC Human Rights Code. I believe the latter’s clause on “discriminatory publication” applies to any statements made during this event.

To be clear, this is not an attempt to censor or censure VRR or Raymond. To the contrary, I invite VRR to step inclusively into the realm of civil society rather than continuing to privilege the purity of your particular voice at the expense of the people you exclude. Inviting a dialogue between Raymond and the people she speaks against so stridently would be a step toward dissipating the pain and harm that Raymond’s views have caused to so many people.

Finally, I would like to emphasize that this request is motivated by values promoting civic discourse in a vibrant public sphere. I respect VRR’s right and privilege to mount this event, but showcasing a speaker who many people believe to be guilty of hate speech is inconsistent with these values, both generally and as reflected in VPL’s policies.

Respectfully,

El Feministo

Reblog: A Statement of Trans-Inclusive Feminism and Womanism

This is how you decolonize activism.

A wide swath of people have demonstrated how to decolonize activism: not with negativity, but with constructivity.  The following is being reblogged from Feminists Fighting Transphobia, and you will need to follow the link to see the ever-increasing number of signatories who have signed on.  I did not take part in authoring this, but gladly lend whatever support I can — M.

A Statement of Trans-Inclusive Feminism and Womanism

We are proud to present a collective statement that is, to our knowledge (and we would love to be wrong about this) the first of its kind.  In this post you’ll find a statement of feminist solidarity with trans* rights, signed by nearly 100  feminists/womanists from at least eleven different countries [it's now 383 individuals and 17 organizations -- exactly 400! -- from at least 15 countries] who wish to affirm that feminism/womanism can and should be a home for trans* people as well as cis.  It has been signed by activists, bloggers, academics, and artists.  What we all have in common is the conviction that feminism should welcome trans* people, and that trans* people are essential to feminism’s mission to advocate for women and other people oppressed, exploited, and otherwise marginalized by patriarchal and misogynistic systems and people.

If you are a blogger/writer/academic/educator/artist/activist/otherwise in a position to affect feminist or womanist discourse or action and you would like to sign on to this statement, let us know!  You can use the form on the contact page or you can email us at feministsfightingtransphobia1@gmail.com.  We’d love to hear from you. [NEW: You can also just sign right on in the comments, particularly if you're wanting to sign in a personal, rather than professional capacity--this will be much quicker and also easier on our moderators!]

Note: this blog in general and this post in particular are places where trans* people can come and find welcome and support from feminists.  For this reason, all comments are moderated for now, and hateful or abusive or bigoted discourse directed against marginalized groups or their members will not be approved.  It will either be deleted or it will be replaced with mockery of that discourse, depending on what the moderators feel like doing.  To be clear, transphobia, misgendering, racism, misogyny, slut-shaming, etc. are unwelcome.

We particularly welcome comments regarding ways in which feminists and womanists, both cis and trans*, can organize to demonstrate solidarity with and support and acceptance of trans people.  Reading the names of prominent feminists on statements of transphobia is heartbreaking to many of us, but as Joe Hill said, “Don’t mourn; organize!”

– Moderators

A Statement of Trans-Inclusive Feminism and Womanism

We, the undersigned trans* and cis scholars, writers, artists, and educators, want to publicly and openly affirm our commitment to a trans*-inclusive feminism and womanism.

There has been a noticeable increase in transphobic feminist activity this summer: the forthcoming book by Sheila Jeffreys from Routledge; the hostile and threatening anonymous letter sent to Dallas Denny after she and Dr. Jamison Green wrote to Routledge regarding their concerns about that book; and the recent widely circulated statement entitled “Forbidden Discourse: The Silencing of Feminist Critique of ‘Gender,’” signed by a number of prominent, and we regret to say, misguided, feminists have been particularly noticeable.  And all this is taking place in the climate of virulent mainstream transphobia that has emerged following the coverage of Chelsea Manning’s trial and subsequent statement regarding her gender identity, and the recent murders of young trans women of color, including Islan Nettles and Domonique Newburn, the latest targets in a long history of violence against trans women of color.  Given these events, it is important that we speak out in support of feminism and womanism that support trans* people.

We are committed to recognizing and respecting the complex construction of sexual/gender identity; to recognizing trans* women as women and including them in all women’s spaces; to recognizing trans* men as men and rejecting accounts of manhood that exclude them; to recognizing the existence of genderqueer, non-binary identifying people and accepting their humanity; to rigorous, thoughtful, nuanced research and analysis of gender, sex, and sexuality that accept trans* people as authorities on their own experiences and understands that the legitimacy of their lives is not up for debate; and to fighting the twin ideologies of transphobia and patriarchy in all their guises.

Transphobic feminism ignores the identification of many trans* and genderqueer people as feminists or womanists and many cis feminists/womanists with their trans* sisters, brothers, friends, and lovers; it is feminism that has too often rejected them, and not the reverse. It ignores the historical pressures placed by the medical profession on trans* people to conform to rigid gender stereotypes in order to be “gifted” the medical aid to which they as human beings are entitled.  By positing “woman” as a coherent, stable identity whose boundaries they are authorized to police, transphobic feminists reject the insights of intersectional analysis, subordinating all other identities to womanhood and all other oppressions to patriarchy.  They are refusing to acknowledge their own power and privilege.

We recognize that transphobic feminists have used violence and threats of violence against trans* people and their partners and we condemn such behavior.  We recognize that transphobic rhetoric has deeply harmful effects on trans* people’s real lives; witness CeCe MacDonald’s imprisonment in a facility for men.  We further recognize the particular harm transphobia causes to trans* people of color when it combines with racism, and the violence it encourages.

When feminists exclude trans* women from women’s shelters, trans* women are left vulnerable to the worst kinds of violent, abusive misogyny, whether in men’s shelters, on the streets, or in abusive homes.  When feminists demand that trans* women be excluded from women’s bathrooms and that genderqueer people choose a binary-marked bathroom, they make participation in the public sphere near-impossible, collaborate with a rigidity of gender identities that feminism has historically fought against, and erect yet another barrier to employment.  When feminists teach transphobia, they drive trans* students away from education and the opportunities it provides.

We also reject the notion that trans* activists’ critiques of transphobic bigotry “silence” anybody.  Criticism is not the same as silencing. We recognize that the recent emphasis on the so-called violent rhetoric and threats that transphobic feminists claim are coming from trans* women online ignores the 40+ – year history of violent and eliminationist rhetoric directed by prominent feminists against trans* women, trans* men, and genderqueer people.  It ignores the deliberate strategy of certain well-known anti-trans* feminists of engaging in gleeful and persistent harassment, baiting, and provocation of trans* people, particularly trans* women, in the hope of inciting angry responses, which are then utilized to paint a false portrayal of trans* women as oppressors and cis feminist women as victims. It ignores the public outing of trans* women that certain transphobic feminists have engaged in regardless of the damage it does to women’s lives and the danger in which it puts them.  And it relies upon the pernicious rhetoric of collective guilt, using any example of such violent rhetoric, no matter the source — and, just as much, the justified anger of any one trans* woman — to condemn all trans* women, and to justify their continued exclusion and the continued denial of their civil rights.

Whether we are cis, trans*, binary-identified, or genderqueer, we will not let feminist or womanist discourse regress or stagnate; we will push forward in our understandings of gender, sex, and sexuality across disciplines.  While we respect the great achievements and hard battles fought by activists in the 1960s and 1970s, we know that those activists are not infallible and that progress cannot stop with them if we hope to remain intellectually honest, moral, and politically effective.  Most importantly, we recognize that theories are not more important than real people’s real lives; we reject any theory of gender, sex, or sexuality that calls on us to sacrifice the needs of any subjugated or marginalized group.  People are more important than theory.

We are committed to making our classrooms, our writing, and our research inclusive of trans* people’s lives.

Signed by:

Individuals

Hailey K. Alves (blogger and transfeminist activist, Brazil)

Luma Andrade  (Federal University of Ceará, Brazil)

Leiliane Assunção (Federal University of the Rio Grande do Norte, Brazil)

Talia Bettcher (California State University, Los Angeles)

Lauren Beukes (novelist)

Lindsay Beyerstein (journalist)

Jamie “Skye” Bianco (New York University)

Hanne Blank (writer and historian)

Kate Bornstein (writer and activist)

danah boyd (Microsoft research and New York University)

Helen Boyd (author and activist)

Sarah Brown (LGBT+ Liberal Democrats)

Christine Burns (equalities consultant, blogger and campaigner)

Liliane Anderson Reis Caldeira (Federal University of Minas Gerais, Brazil)

Gloria Careaga (UNAM/National Autonomous University of Mexico)

Avedon Carol (activist and writer; Feminists Against Censorship)

Wendy Chapkis (University of Southern Maine) – “I don’t love the punch line ‘people are more important than theory.’  More to the point, it seems to me, is that feminist theories that fail to recognize the lived experiences and revolutionary potential of gender diversity are willfully inadequate.”

Jan Clausen (writer, MFAW faculty, Goddard College)

Darrah Cloud (playwright and screenwriter; Goddard College)

Alyson Cole (Queens College – CUNY)

Arrianna Marie Coleman (writer and activist)

Suzan Cooke (writer and photographer)

Sonia Onufer Correa  (feminist research associate at ABIA, co-chair of Sexuality Policy Watch)

Molly Crabapple (artist and writer)

Petra Davis (writer and activist)

Elizabeth Dearnley (University College London)

Jaqueline Gomes de Jesus (University of Brasilia, Brazil)

Sady Doyle (writer and blogger)

L. Timmel Duchamp (publisher, Aqueduct Press)

Flavia Dzodan (writer and media maker)

Reni Eddo-Lodge (writer and activist)

Finn Enke (University of Wisconsin, Madison)

Hugh English (Queens College – CUNY)

Jane Fae (writer and activist)

Roderick Ferguson (University of Minnesota)

Jill Filipovic (writer and blogger)

Rose Fox (editor and activist)

Jaclyn Friedman (author, activist, and executive director of Women, Action, & the Media)

Sasha Garwood (University College, London)

Jen Jack Gieseking (Bowdoin College)

Dominique Grisard (CUNY Graduate Center/Columbia University/University of Basel)

Deborah Gussman (Richard Stockton College of New Jersey)

Dr Sally Hines (University of Leeds)

Claire House (International Day Against Homophobia and Transphobia, Brazil)

Astrid Idlewild (editor, urban historian)

Sarah Hoem Iversen (Bergen University College, Norway)

Sarah Jaffe (columnist)

Roz Kaveney (author and critic)

Zahira Kelly (artist and writer)

Mikki Kendall (writer and occasional feminist)

Natacha Kennedy (Goldsmiths College, University of London)

Alison Kilkenny (journalist and activist)

Matthew Knip (Hunter College – CUNY)

Letícia Lanz (writer and psychoanalyst, Brazil)

April Lidinsky (Indiana University South Bend)

Erika Lin (George Mason University)

Marilee Lindemann (University of Maryland)

Heather Love (University of Pennsylvania)

Jessica W. Luther (writer and activist)

Jen Manion (Connecticut College)

Ruth McClelland-Nugent (Georgia Regents University Augusta)

Melissa McEwan (Editor-in-Chief, Shakesville)

Farah Mendlesohn (Anglia Ruskin University)

Mireille Miller-Young (University of California, Santa Barbara)

Lyndsey Moon (University of Roehampton and University of Warwick)

Surya Monro (University of Huddersfield)

Cheryl Morgan (publisher and blogger)

Kenne Mwikya (writer and activist, Nairobi)

Zenita Nicholson (Secretary on the Board of Trustees, Society Against Sexual Orientation Discrimination, Guyana)

Anne Ogborn (frightening sex change)

Sally Outen (performer and activist)

Ruth Pearce (University of Warwick)

Laurie Penny (journalist and activist)

Rosalind Petchesky (Hunter College and the Graduate Center, CUNY, and Sexuality Policy Watch)

Rachel Pollack (writer, Goddard College)

Claire Bond Potter (The New School for Public Engagement)

Nina Power (University of Roehampton)

Marina Riedel (Federal University of Rio Grande do Sul, Brazil)

Mark Rifkin (University of North Carolina – Greensboro)

Monica Roberts (Transgriot)

Dr. Judy Rohrer (Western Kentucky University)

Diana Salles (independent scholar)

Veronica Schanoes (Queens College – CUNY)

Sarah Schulman, in principle (College of Staten Island – CUNY)

Donald M. Scott (Queens College – CUNY)

Lynne Segal (Birkbeck, University of London)

Julia Serano (author and activist)

Carrie D. Shanafelt (Grinnell College)

Rebekah Sheldon (Indiana University-Purdue University-Indianapolis)

Barbara Simerka (Queens College – CUNY)

Gwendolyn Ann Smith (columnist and Transgender Day of Remembrance founder)

Kari Sperring (K L Maund) (writer and historian)

Zoe Stavri (writer and activist)

Tristan Taormino (Sex Out Loud Radio, New York, NY)

Jemma Tosh (University of Chester)

Viviane V. (Federal University of Bahia, Brazil)

Catherynne M. Valente (author)

Jessica Valenti (author and columnist)

Genevieve Valentine (writer)

Barbra Wangare (S.H.E and Transitioning Africa, Kenya)

Thijs Witty (University of Amsterdam, Netherlands)

Groups:

Bishkek Feminist Collective SQ (Kyrgyzstan, Central Asia)

House of Najafgarh (Najafgarh, India)

House of Kola Bhagan (Kolkatta, India)

Transgender Nation San Francisco

[See http://feministsfightingtransphobia.wordpress.com/2013/09/17/welcome-to-our-most-recent-signatories/ for our newest signatories, as of the end of the day on September 16, 2013]

[See http://feministsfightingtransphobia.wordpress.com/2013/09/18/six-hours-later-we-have-a-new-signatory-list/ for our newest signatories, as of the end of the day on September 17, 2013]

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