Posts Tagged ‘ gender identity ’

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.

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]

What LifeSiteNews’ attack on Pat Robertson says about religious freedom.

Last week, there was some curious notice given to American televangelist Pat Robertson, after he expressed support for transitioning trans people, and their access to sex reassignment surgery.  Less noticed was the backlash from other far-right groups over the same comments.  But it’s worth revisiting, because of what that backlash says about the far right’s battle cry over religious freedom.

It’s very common for far-right ideologues (who I try to distinguish from “Christians,” because they don’t speak for all Christians) to hide behind religious freedom, and cry censorship when they are called out for transphobic and homophobic comments.  It has created a public perception of there being a false dichotomy between LGBT human rights and religious belief / practice.  It also creates a weird conflation between holding people accountable, and “persecution.”

Personally, I’d rather that folks speak freely.  It’s much easier to challenge the content of what is being said, and demonstrate the authentically bigoted attitudes underlying far-right agendas.  We’ll probably never change the minds of the Fred Phelpses of the world, but their words and actions say a lot to society at large.

That’s probably why I keep coming back to LifeSiteNews.

LSN is a Canadian faux-news website under the aegis of Campaign Life Coalition (CLC), which is pretty unabashed about wanting to end or restrict abortion (with no exceptions), contraception, hormone therapy, in-vitro fertilization (IVF), feminism, organ donation, euthanasia, same-sex marriage, LGBT relationships of any type, LGBT parenting, cohabitation and divorce, and far more.  LSN has cheered on Russia’s highly punitive and violent legislation against LGBT people (Russian President Vladimir Putin appears to be a champion of religious freedom to LSN, of late), and continues to support organizations that foment anti-gay hatred in Africa, despite having been called out for doing so.  LSN has been known to deliberately omit important information, like when the website cheered on new anti-gay legislative proposals in Nigeria, while “forgetting” (despite reminders) that 14 Nigerian states already have the death penalty for LGBT people.  Other coverage will sometimes conflate homosexuality and pedophilia, or make a total ban on LGBT expression and advocacy sound like it’s protecting children from pornography.  But overall, LSN’s agendas are usually fairly nakedly obvious with just a little bit of examination.  So it often provides vivid examples to clearly demonstrate what the ideological far right wants to do.

CLC has also regularly used the LSN blog to attack Catholic organizations that don’t follow exactly the kind of path that CLC believes is proper and Catholic.  LSN has attempted to punitively police the Canadian Catholic Organization for Development and Peace, and was sued when they went after a Quebec priest who LSN portrayed as a “former homosexual prostitute” and a “so-called priest who supports abortion.” Recently, American and international Catholic hospitals, agencies and charities who provide (or support organizations that provide) access to birth control have come under fire.

LSN has even “clarified” the new Pope.  (But to be fair, LSN was not the only ideologue to do so).

Now, LSN is encouraging readers to swamp the Christian Broadcasting Network main switchboard with complaints about Pat Robertson, partly for saying that contraception is an acceptable way to provide assistance to impoverished people in Third World nations (specifically, Robertson showed some racism by referring to “Appalachian ragamuffins”), and partly for expressing support (for at least the third time) for sex reassignment surgery and the trans people who seek it.

LSN’s attempt to police Pat Robertson and American Evangelicals on these issues puts the lie to cries of religious persecution, censorship and infringement on religious freedom.  As the website and its contributing allies continue to play banhammer on Catholics For Choice, the National Catholic ReporterCatholic Relief Services, affirming churches, priests and congregations, and more, it shows no qualms about attempting to censure or silence the religious freedoms of other Catholics and of Protestants as well:

In addition to complaining that CRS was involved in distributing abortifacients and contraceptives, the clergy expressed dismay that the majority of CRS’ employees in the country are not Catholic and that it does its work apart from the local church.

“Maybe CRS’s participation in artificial-contraception-promotion programs is the reason that CRS mainly hires Protestants, who have no objection to family planning,” suggested Fr. Liva, SMM, Pastor at St. Thérèse Parish in Tamatave. “If CRS hired Catholics, some of those Catholics might object more strongly to CRS’s participation in that kind of thing.”

Back in January, LSN’s Managing Director Steve Jalsevac declared that affirmation of LGBT people in Catholic congregations, teachers’ unions, hospitals, universities and schools was something that needed to be dealt with “urgently and forcefully:

When the various Christian churches, not just the Catholics, are largely cleansed of this rejection of authentic Christian morality, then a power of faith will be unleashed that nothing can stop.

In fact, with this attack on Robertson and other insinuations about Evangelicals, LSN now appears to be trying to police who can and can’t be considered Christian.  This is also apparent in the website’s latest posturing over poll results which show that a majority of Catholics and a significant number of born-again Evangelicals still support the availability of abortion in at least some cases (let alone contraception), as well as calls to excommunicate legislators who support abortion access and LGBT human & marriage rights.

Granted, there has long been a hypocrisy in the religious freedom argument, with Evangelicals like Bryan Fischer and Pat Buchanan arguing against allowing religious observances of people of other faiths, like Muslims. But at this point, it should be obvious to all that for the people now attempting to define and drive what qualifies as “Christian,” the only religious freedom that matters is their own.

(Crossposted to The Bilerico Project)

“Sex by deception” and the shades of yes

A series of recent rulings (and the media circuses that have accompanied them) in the UK has raised questions about what is being termed “sex by deception” — that is, instances where people who are possibly trans are said to lie about their gender, in order to seduce another person.  In these cases, it’s often unclear whether the person in question is trans or if the gender representation is for other reasons, due to media ignoring questions of self-identification, using mixed pronouns and sensationally portraying people with phrases like “sex fraud woman who posed as a boy to seduce a girl.”  Even after a legal ruling is given, it’s still unclear in many of these instances who the defendant is, and how they identify — which at post-trial stage is an indictment of both media reporting and judicial clarity.

There have already been some previous thoughts expressed on the most recent ruling by Zoe O’Connell (who sifted through the legal text), Jane Fae, and others, and because of the near impossibility to determine what actually happened from a distance, I won’t even try to touch on any of the specifics of any of the specific cases.  I’ll be sticking to generalities only.

There are two key questions at the heart of the discussion.  The first is whether or not one’s gender identity is deception.  Obviously, I don’t believe that’s the case, and at this point in time, most people who have investigated trans phenomena have come to realize that it is deep and integral in at least some way, and far more substantive than what was previously commonly believed by the public at large.  And because this discussion has a question of validation at its root, it can be a very hot-button issue for trans people.

Gender vs. Sex

However, there is also a difference between one’s gender, which is an outward expression and socially constructed to a significant degree, and one’s physical sex.  In illustration, transsexed people typically transition between sexes to be true to themselves, while various other and often overlapping trans people live between genders or defy them in some way (that is to say, there are a couple sometimes differing but not mutually exclusive narratives that make up “trans*”).

When discussing whether deception takes place, there is sometimes a language breakdown that happens because one person is thinking about what a person’s gender identity is, while another is thinking about their genitalia.  For example, as someone who transitioned, I view the years before transition, when I was trying to pass as a man to meet others’ expectations, and trying to conform to my pre-transition body as the period of my life closest to being a “deception,” given that I had been consciously been putting on an act (24/7) during that period of my life.

But the other key question at the heart of things is the nature of consent.  And that is why my own thoughts on this are a bit more complex and nuanced.

Consent

Before I came out and started transition, there were very few safe spaces for trans people, where I could interact with people without fear and hiding.  One was the BDSM community, which has a strict and very discerning stance on what constitutes consent.

Note: it’s always nebulous to call something “the _____ perspective,” and individual opinions and nuances may vary, but this is a general consensus as I learned it: consent by kink standards should come from people who are of the age of majority (legal reasons), without coercion, influence, imbalance or obligation (mixed legal and ethical reasons), and with clear prior communication by both parties about what is being consented to (ethical reasons).  [It may seem odd to some readers, but it actually is possible to resolve social justice perspectives with the power exchange that happens in BDSM -- it is a major detour from this subject, however, so I'll simply be focusing on consent here, and hope that this discussion simply helps to illustrate this point]

It’s a level of consent that many heteronormative couples don’t strive for or even think about. That standard can call into question consent that is given because one feels that it’s their marital duty. It certainly calls into question sex while intoxicated, or where there is an obviously disparate question of power / authority to manipulate, or many other situations in which someone makes an exception to engage in a sex act that they otherwise wouldn’t normally consent to.  The starstruck “he’s not my type, but oh gosh, he’s the President” rationale could raise questions about ethical consent, in some kink circles.

So having sex and failing to disclose one’s sex certainly enters a grey area when this standard of consent is applied. Note that I didn’t say that consent is automatically invalidated.

Legal vs. Ethical

When I started talking about kink perspectives on consent, I brought up a blend of legal and ethical considerations.  It’s important to recognize that whether something is ethical can be an entirely different question from whether it is legal.

It is usually legal, for example, to deceive a partner about one’s marital status, age, past history (including legal convictions), sexual orientation, medical and mental health (including lying about having had a vasectomy, a deception that can result in pregnancy), religious affiliation, wealth / connections, and – heh – prowess.  Some of them are much more serious than others.  Many of them are not typically interpreted in general society to automatically invalidate consent on a legal level, although there may be contexts where legalities are questionable.  And although some cause harm, privacy is often seen as more important in a legal context, depending on how much harm is involved. None of those are very ethical on the surface, but they rarely become legal questions, unless there are extenuating circumstances — such as if the person consenting is under the age of majority, if the person becomes pregnant, and / or if the person initiates lies about being in their peer group.  That’s because law prefers to deal with absolutes, and many of these questions are context-dependent.

Failure to disclose HIV status is a bit more difficult, although it is still not an apt comparison to non-disclosure of trans status: there is no possibility of developing lifelong consequences just because a partner is trans. Either way, people with HIV can be (and most often are) responsible, and take ethical steps to avoid passing the virus on.  The U.K. — where the specific legal cases that started this debate have taken place — recognizes this in law, and doesn’t automatically determine HIV status to invalidate consent.

Gender panic, on the other hand, is seen as the sole exception.

[Edit: okay, possibly next-to-sole exception.  I nearly forgot that Britain has another unusual precedent in R. v Brown, in which the House of Lords ruled that people cannot legally consent to violence, except through legal activities (i.e. surgery).  There have since been rulings that lesser forms of pain -- such as branding -- can be consented to, but it's unclear if these rulings overturn R. v Brown.  Either way, the possible existence of a second exception where consent is automatically invalidated changes this context only slightly.]

Shades of Yes

In issues of both legal and ethical consent, there are varying degrees that have to be recognized.  Legal discussions most often parse consent by verbalization:

  • express,
  • deemed, or
  • implied consent.

And if one of those are met, then the question becomes whether that consent was revoked, or if there was a context-sensitive circumstance which would reasonably invalidate that consent.

Ethical discussions parse consent by the motivation of the person who consents:

  1. fully mutual (where both partners are fully empowered and participating for mutual pleasure – the obvious ideal),
  2. generous (in which one sees neither pleasure nor betterment in the experience, but is not in a position of disempowerment, and participates solely out of a desire to fulfill another),
  3. transactive (a situation in which someone might consent to sex in order to advance their finances or position, but is not significantly from a perspective of disempowerment — can include some sex work, depending if it’s engaged in more from a perspective of opportunity than of necessity),
  4. survival-motivated (a situation that is transactive, but comes from deeper marginalization, and will likely only maintain that disempowered status quo — sex work can also be included here, such as the most commonly thought-of survival sex work),
  5. impaired (drugs, alcohol, and it’s also arguably possible to include things like crappy self-image, when it’s inferred by the consenter rather than exploited by their partner),
  6. inadequately communicated (as in deception by omission or unintended deception),
  7. obligated (a person is a bit more under another’s power; fulfilling one’s “wifely duty” might fall in this category if there are profound negative elements being endured in the process),
  8. coerced / by willful deception, or
  9. forced.

Each of us will draw the dividing line between ethical and unethical consent differently, and sometimes with weird jumps (i.e. heteronormative couples might see obligation as a perfectly fine motivation, but transactive sex not).  I’ve ranked them based on how much autonomy the person consenting retains, and the degree of equal power between partners during the negotiation (which can be different from the power exchange afterward — this is drawing from the BDSM principle, after all).

As much as consent can be divided up and rated, of course, “no” is still “no.”  What this is designed to do is give some clearer ideas about when “yes” actually should be considered “no,” or at least be reassessed.

Legal Exceptionalism

Legally speaking, there is an instance in which I could see consent being legally invalidated, or at least where the question would become very murky: if the trans individual bared their genitals and expected their partner to interact with them, without it having been previously discussed.  In the incidents in the U.K. that sparked this discussion — including the most recent precedent-setting one — that did not happen.  The discovery of the person’s trans status did not happen until some time after the sex.

Given this, we’re allowed to be all over the map on where we think this question falls ethically, but we have to recognize that on a legal level, this is pure trans exceptionalism.  With the number of things that aren’t automatically considered deception and don’t instantly invalidate consent, it is pure gender exceptionalism — fuelled by a combination of homophobia, transphobia and possibly also misogyny — behind the decisions to convict.  British courts have been setting precedents that are very different than the conclusions I’d come to, certainly.

The U.K. precedent also sets up a legal question as to whether a trans person is always automatically defined by their genitalia (or even by their genital history), rather than their gender identity.  In a way, the precedent implies that in the eyes of the court, trans people are committing fraud, just by existing.

There’s also a greater concern.  There has often been an apparent vindictiveness evident in the media coverage surrounding some of the “sex by deception” cases — often driven by family members, but also incentivized by the profitability of sensationalism.  Given that transphobic animus can often stop at nothing (including lying) to hurt and demonize, does this precedent then put the burden of proof on the trans person to demonstrate that they had disclosed their trans status?  And if so, does this create an opportunity for transphobes to exploit the criminal justice system to punish people they find morally objectionable?

How does one prove that they disclosed to a partner that they’re trans, in a one-said / other-said scenario? Given that judgments in these cases often go to whoever is deemed more believable and about whom fewer aspersions have been cast, this opens up a whole lot of legal vulnerability.

At this point, it’s worth saying something about post-act regret.  The trans panic defense and the deception claim may even be related at times, and parcel to something I have seen happen: the after-the-fact change of mind, regret, guilt and homophobia that can set in after a consensual sexual encounter, which sometimes then get turned against their playmate in the form of violence and retribution.  The person suddenly blames a trans individual for “trying to make them gay,” and is overwhelmed with guilt for having enjoyed a sexual encounter.  I’ve experienced being on the receiving side of that, though luckily not as seriously as others have.  If the legal system provides a new form of retribution for post-act regret, then trans people have become subject to a new kind of violence.

In any case, the legal question has become seriously complicated in the U.K.

Ethical Questions

Regarding whether there is an ethical imperative to disclose, with the distinctions above to ground us, we have to ask a few questions.

What are the hardships of disclosure?  At what moment is a trans person supposed to disclose?

The reality is that disclosure is often far more negatively consequential to a trans person than a cis partner: trans people are often subject to hate and even brutality for being open about being trans or having a trans history.  There is never a good moment to disclose.  There may not even be a consistently ideal time to, since context changes everything.  Individual value judgments also factor into the question.

What if it is the cis person who initiates discussion, with hopes of leading toward sex? What if the discussion happens in a public area, with a reasonable expectation of harm if one discloses? What if the cis person is pushy or even coercive?

How much right to privacy should one have from an intimate partner, and are there circumstances when privacy might take precedence?

Who has to disclose?  If the sexually-active person in question is post-operative, is there still an obligation to disclose a trans history?

What if the person is pre-transition and they’re still struggling with it and in self-denial?  (One of the jarring questions couples face when one partner comes out as trans is why it wasn’t disclosed sooner:  often, this dredges up an extended timeline of when the person knew they were different, when they decided to try to live according to the dictates of their body and birth assignment, when they came to self-acceptance, when they realized they would someday need to transition, and when they finally came out.)

What if the sex in question doesn’t involve a partner’s penis or vagina? If the person in question is providing oral sex and their pants stay on, does it really matter what’s in their trousers?  Is there a value judgment to be made between a one-night stand and a reasonable expectation of a longer-term sexual relationship?

Does having genitalia contrary to what is believed (or assumed) substantively change the act of sex? Does it necessarily change a person’s sexual orientation? How does one define or quantify the harm?

Open-Ended As It Should Be?

There are dozens of questions that affect the question of ethical consent.  I’m not going to have any one single answer for that would apply in absolutely every situation… nor do I think that it’s possible to have any absolute one-size-fits-all rule.

But I do want people to understand the complexities, and how that question differs from the one of legal consent.

Nova Scotia Extends Health Care Coverage for Reassignment Surgery

After originally saying that it would not fund genital reassignment surgery, the Nova Scotia government has now said that it would extend health care funding coverage for the procedure.

Health Minister Dave Wilson is quoted as saying, “This is the right thing to do.”

I’ve written previously about why GRS is recognized as being medically necessary by medical experts, specialists in trans health, social agencies and human rights organizations.  Here is a snippet:

… There is more. Current legislation asserts that most forms of identification and legal documentation can only be changed to reflect one’s new gender after surgery has been verified. Without GRS, many pre-operative transsexuals experience severe limitations on employment, travel beyond Canada’s border, and treatment in medical, legal and social settings in which verifying ID is necessary. Prior to GRS surgery, transsexuals also face limitations on where they can go (i.e. the spa or gym, or anywhere that involves changing clothes) and difficulties in establishing relationships — as well as being in that “iffy” area where human rights are assumed to be protected, but have not yet been specifically established as such in policies and legislation. In hospitals, prisons and such, they are housed by physical sex rather than their gender identity, creating potentially risky situations, unless the authorities directly involved choose to keep them in isolation instead. And at the end of the day, without GRS surgery, one’s gender is always subject to being challenged or stubbornly unacknowledged by those who don’t realize that a transsexual’s gender identity was not a matter of choice. There is also an extremely high risk of violence faced upon the accidental discovery that one’s genitalia does not match their presentation.  No other supposedly “cosmetic” issue so completely affects a persons rights, citizenship and safety…

This is the fulfillment of several years of work for Nova Scotian trans people.  While details of the program are not yet known, the community had been advocating for comprehensive trans health coverage:

This points to a trans* health care model that includes, but is not exclusively reliant upon, SRS; that is driven by the individual and their particular requirements; that serves all of the trans* community, including those who do and those who do not seek SRS. This is exactly the kind of culturally competent, patient driven, community health care model that both Minister Wilson and his predecessor, the Hon. Maureen MacDonald, have been advocating for Nova Scotians. This is exactly the model that we, as a community, should be asking for.

Nova Scotia also recently added trans people to that province’s human rights legislation.

In a note on Facebook, Kevin Kindred and the Nova Scotia Rainbow Action Project are encouraging people to contact their MLA and send letters of thanks and support.

Most Canadian provinces provide some form of funding for GRS, now (albeit sometimes imperfect) — only New Brunswick and PEI do not.  Attempts to defund GRS have been met with sustained pressure from the public and human rights complaints, with Ontario delisting coverage in 1998 (restoring it ten years later), and Alberta delisting funding in 2009 (restoring it in 2012).

(Crossposted to Rabble.ca)

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