The bad faith “debate” about trans human rights

Recently, the National Post published a discussion that I engaged in with Jonathan Kay.

I participated in that because it was an opportunity to provide a counterpoint for readers who don’t often see one. It was a chance to challenge some of the distortions and misinformation that have been circulating about trans people and their legal protections. If you read predominantly far right media right now, you would believe that wealthy, well-funded and all-powerful “TRAs” (trans rights activists) somehow control the government (one popular conspiracy theory claims that it is a pharmaceutical company plot) and are forcing some completely unfounded ideology and social engineering on destitute and helpless schools, governments, churches, workplaces and Canadian society as a whole. So it’s worth it for those readers to encounter a discussion that is rational, measured, and provides a glimpse of the reality outside of their own tunnel vision. I doubt many minds were changed, but at least an effort was made for the sake readers who are either still open to considering information outside the range of their predisposed views, or don’t encounter any better information in their travels.

It was framed as a debate, and debates about trans human rights are always a damned-if-you-do-damned-if-you-don’t proposition. If you participate in a debate, it gives the appearance of legitimacy to the idea that human rights should be debatable, and that opposition to them is an equally valid side. On the other hand, if you don’t, the debate still steamrolls on without you having any voice in it, and not only is your perspective unrepresented, it can even be characterized however your opponent chooses to portray it, without challenge.

It is worth mentioning, however, that the discussion that I had with Jonathan Kay is not “the debate” that gender critical figures are trying to have. I want to be clear that the discussion with Kay, via the Post was conducted in good faith — I don’t want to imply otherwise. The gender critical version of the debate gets framed a specific way, and it’s important to recognize this, and understand why the debate that gender critical speakers are pushing for is one that is inherently flawed and intended to be conducted in bad faith. And forgive me, because I have to generalize here: obviously, not everyone who takes issue with trans people thinks alike, but there are some general similarities, and the debate that most are trying to have has generally developed these relatively consistent rules.

From a gender critical perspective, the debate must be held within certain parameters. This is sometimes accomplished by defining terms at the beginning, but it can just as easily be accomplished by assuming those parameters at the beginning and very consistently and firmly policing anyone who deviates from them, as well as reframing anything that is said to the contrary so that it can be subsumed back into the original parameters.

“Sex ≠ Gender”

The first premise for the GC debate is that sex and gender are two different things. This statement is true, and any misinformed perspective usually begins with a kernel of truth. Sex and gender are two different things, and this is a point that trans folk have long made, when explaining why their anatomy does not define them. But for gender critical speakers, distinguishing sex from gender does the opposite, providing the opportunity to ignore both gender and gender identity, so that trans people can be once again defined according to their genital status (“sex”) at birth.

Gender critical speakers try to claim the moral authority on this point to assert that by extension. when it comes to human rights and accommodations in gendered spaces, physical sex is the only measure that matters. It’s sometimes phrased as though it’s a question of whether “sex is real,” but the intended undertone is that gender and gender identity are not, and are therefore not worthy of consideration. In reality, trans people don’t question whether sex is “real,” but whether one’s biology is their destiny, and whether one’s sex defines absolutely everything about them.

Making physical sex the sole benchmark is somewhat fallacious, given that (at least ideally) we don’t actually see the physical sex of the people we encounter, and instead assume their sex based on their gender presentation — but the folks making that argument are hoping that you don’t think too long on that. This foundation is used a bit duplicitously, though: when the subject of post-operative trans women comes up, the benchmark suddenly moves to chromosomes, socialization or reproductive capability, so that regardless of their apparently all-important anatomy, trans women can still be still essentialized as “males.” Likewise, the argument is made that segregation in gendered spaces is a matter of safety… but when the subject turns to accommodation in general (non-gendered) spaces and fears for safety can no longer be exploited, the imperative to verbally essentialize trans women as “males” (even to the point of harassment and abuse) and consider sex as the only worthy point of consideration is still viewed as being of paramount importance, and uncompromisable. Using “sex” as the one and only measure of value is actually a veiled proxy for considering cis (non-trans) status as the one and only measure of womanhood (it should be noted that gender critical people also abhor the term “cis,” because if the Latin oppositive “cis” is ever accepted as a corollary to “trans,” then it might legitimize the idea that trans people exist — so in gender critical thought, “cis” too must be considered a slur, and the words “normal,” “real,” “natal” or — most often — “biological” should be used instead).

The next extension of that initial premise is that there are only two sexes. This statement is true-ish in an overly general sense, but ignores the complexity of the science on the topic, and fails to consider intersex persons who have established medical conditions which cause developmental variances in their chromosomes, genitals or gonads. Any mention of intersex in the gender critical debate is usually met with a quick twist of pretzel logic to claim that these are merely exceptions that prove the rule, and then proceed once again under the premise that there are only two sexes — thus quickly evading the possibility that trans people (especially those who are compelled to transition between sexes, but not necessarily only them) vary in simply less visible ways than currently recognized intersex conditions, and deserve the same consideration.

Erasing Gender and Identity From Human Rights

The second major premise is that gender should be dismissed as being nothing more than a collection of outdated roles and stereotypes. This is incredibly reductive (deliberately so): gender can include them, but is not only them. Gender is the meaning that we find for ourselves inwardly and how we express it outwardly: this is usually based on our sex, but this meaning can also be chosen antithetically to what is expected based on sex — in short, it’s about who we are and how we decide to present that to the world, whether in accordance with stereotypes, despite them, or regardless of them.

As in the first point, there is a kernel of truth here too, namely, that gender roles and stereotypes are problematic. This is why “gender critical” became the new term preferred by trans-exclusionary feminists (who had previously self-identified as “trans-exclusionary radical feminists,” until they’d heard the acronym “TERF” in anger enough to decide that it should be considered a slur): certainly, there is a lot about gender roles and stereotypes to be critical of. On this point, gender critical thinkers and trans people should theoretically be in agreement, given that the latter challenge, question, traverse and defy those roles and stereotypes more than anyone. But there is duplicity in how gender critical people apply their argument here, too: whenever trans people happen to be in alignment with traditional stereotypes, they’re accused of reinforcing them; but when they challenge or deviate from those stereotypes, they’re mocked for being visibly trans, for how they look, and for visibly failing (by that person’s individual assessment) to meet those same expected stereotypes.

By extension of this second premise, then, gender identity is said to simply not exist, according to gender critical feminism. The collective weight of medical evidence in dealing with trans people says otherwise, but this is quickly dismissed as the medical establishment (at best) humouring trans people out of a misguided sense of sympathy, or (at worst) being in on the “gender ideology” conspiracy to reshape and destroy society. By defining gender identity as mental illness, a delusion, or even a destructive ideology, trans people then become entirely irrelevant to the debate that gender critical people want to have, and it becomes completely appropriate to dismiss them, their life experiences, and their needs from consideration. The gender critical debate, then, is entirely about us, but doesn’t involve us, as they assert that we can’t be trusted to have anything of value to contribute.

These are the starting points of the gender critical “debate,” and they are hallmarks of a debate in bad faith. From these parameters, trans women can only be considered to be “men,” and therefore everything that predatory men do can be ascribed to them, by default.  From these parameters, allowing trans women into a gendered space is automatically phrased as though those spaces are being opened up to “men” — even though that is not what is actually happening. There is no argument that can be made within these parameters that will lead to any acknowledgement that trans people exist, let alone that they should have rights or be accommodated in society in any way. This is by design: the easiest way to win a debate is to control the framing of it, so that it becomes impossible to come to any other conclusion than the one that you had allowed at the outset.

Human rights should not be up for debate in the first place… but when the debate is framed so asymmetrically, it becomes absolutely toxic.

In the discussion that I had with Jonathan Kay, it was on the condition that legitimacy issues (who I am or whether trans women are women, for example) would not be the focus of that dialogue. It is telling that he considered that “not realistic,” because the debate as he’s been hearing it has been taking place within the constraints above, and his thinking remained clearly influenced by these premises.

Many of the apparent “problems” of trans inclusion have already been considered over the past decade or more, and have been in the process of being updated based on real life experience, medical evidence, legal practicalities, and the duty to accommodate in a balanced way that considers context. By changing the parameters of the so-called “debate,” opponents hope to reset this all back to zero in a way that centers fears about trans people, and dismisses the voices of trans folk, solutions that have already been arrived at, nuances that we as a society have already learned to deal with, the context of any given situation, and any evidence that supports inclusion. It is, in a way, a means to reverse everything that has happened in the past several years, simply by insisting that it should be so and denying the validity of anything or anyone that says otherwise. It also provides a reset on language so that those who refuse to accept the existence of trans people have a sometimes-stealth / sometimes-duplicitous language with which they can be hostile, without incurring the wrath of the public at large (although we see from the complaints about infringements on freedom of speech that this doesn’t always work).

The worst part of it all is that the entire bad faith gender critical “debate” threatens to divide feminism against itself at a time when Canadian religious conservatives are attempting to reboot abortion criminalization and American religious conservatives are eagerly awaiting the overturning of Roe v Wade. It allows traditionally misogynistic personalities and organizations — ranging from the Heritage Foundation to Tucker Carlson — to deflectively posture as feminists or allies at a time when the so-called “populist” nationalism they tout is threatening to erase feminist awareness from higher education and push women back toward those very same stifling gender roles and limitations that women are still struggling to break. In the UK, it has even been used to locate and recruit gay and lesbian transphobes in order to turn them against that nation’s primary LGBTQ+ rights advocacy organization, and undercut, defund or even destroy it. Beyond that, it has also managed to turn up some transphobic lesbian, gay and feminist personalities willing to validate religious conservative talking points about “gender ideology,” without realizing that “gender ideology” is veiled code that in many uses also encompasses LGBTQ+ rights, feminism and many other aspects of social justice.

There are so incredibly many things that trans feminism and general feminism can and should agree on, and yet gender critical efforts seem to discard all of that, in order to pretend that the single most important challenge facing women today is whether trans women should be accepted as women. This absolutist, sort-of-fundamentalist and all-consuming focus is as troubling as it is self-defeating.

(This commentary also appears at rabble.ca. Image: Adobe Stock)

Free Speech, When The “Debate” is You (and You’re Not Invited)

There’s a duplicitous game of sleight-of-hand that is taking place in discussions about freedom of speech in academia and the public square.

Here’s how it works: at first, a person fishes for controversy by saying several things that they know will offend people.  If this garners enough attention, then the process recurs organically — say, whenever a politician wants to reference the controversy as a coded dog whistle to their base, or when a teaching assistant replays a recording in class because she thinks the discussion is interesting and challenging.

And the moment the people targeted by that discussion get angry and protest, they’re described not as being upset about the content of what is being said, but rather their protest is reframed as opposing freedom of speech itself.  Whether you see that as accidental or deliberate probably depends on how cynical you are about the whole issue.

Free speech, and the cruel shackles of empathy and mutual respect

In Canada, we tend to value freedom of speech very highly, and it’s often said that the best way to counter objectionable speech is with more speech.

That’s the first thought that crosses my mind in the case of U of T professor Jordan Peterson, who declares in a series of YouTube videos that he will not honour trans* peoples’ chosen pronouns, and opposes trans* human rights protections, all in the name of combating “political correctness.”

Of course, that would be an ideal world. In the real world, it’s still not that unusual for discussion of trans* issues to devolve into a “balanced” debate between pro- and anti-trans* academics over whether they exist at all, without any annoying context like actual trans* people being present to discuss their lived experience of, well, existing.  In the real world, there are real problems about who gets to speak, and how widely they can be heard… and the marginalized are often not given much voice to matters that affect — and are specifically about — them. In fact, the established and prolific voices in today’s media are more often quick to reject attempts to “inflict” change, or energetically create a lopsided portrait.

Speech is not a truly universal and equitable thing in the first place. Rather, it is something that is dependent upon access to favourable platforms, and is usually pre-emptively muddied by characteristic value judgments made about the speaker’s class, gender, race, etc.

Nevertheless, we strive for it as best we can. And in doing so, we arrive at the next irony: the very act of protesting ignorance with speech becomes itself heralded as evidence of censorship — as if the only way one’s speech can be truly free is for everyone else to remain silent.

The outcry and protest of ignorance [edit: example removed, was based on bad information – M] is speech, too — that of the protestors.  But in a disparate society, privileged speech is defended, while protest of it is often minimized, marginalized and dismissed as rowdiness, whinging, totalitarianism (!), censorship, and noise.  It becomes: “a little free speech for me, and a little shut-up-and-take-it for you.”

But let me back up for a moment.

Jordan Peterson is a University of Toronto (UofT) psychology professor who began his rants — especially about, but not limited to, trans* people and a “radical leftist ideology” — in late September, saying from the beginning that he felt he could face consequences, and even feared government or university reprisal because of existing human rights and hate speech laws.  He told Postmedia:

“I think (Bill C-16) risks criminalizing discussion about aspects of human sexual behaviour and identity that we need to discuss,” said Peterson, explaining that there are layers to C-16 — the biology of sex, gender identity and gender expression, for example — that could cause problems down the road.

One of his top stated concerns has been with the inclusion of trans* people in existing hate crimes legislation. The thing that people forget about this when it pertains to speech, though, is that the law has already been tested and shown to apply only exceedingly sparingly. If Bill Whatcott’s homemade but mass-distributed “anal warts” flyers equating LGBTQ people with pedophiles, and lyrical invitations to “kill the homosexual” skirt the edges of hate speech — some permissible and some not — then Peterson probably has nothing to worry about. Speech can indeed be hateful, and yet still not be legally actionable as hate speech.

But given that he seems only (or at least primarily) worried about human rights and hate crimes legislation when it pertains to LGBTQ people, one has to wonder if the concerns are cover for fears about the growing acceptance of trans* people in society.  He stated from the beginning that he will not use non-binary pronouns for other people, even if they request that.  He also said in his first video that he is “scared by the people behind the doctrines,” and attributes them to a radical Marxist ideology (reminiscent of the “cultural Marxism” panic making the rounds among social conservatives). He even compares the latter to Naziism, because of what he considers “murderous” and “Marxist” policies around the world.

Peterson frames his views in an academic and perhaps libertarian perspective, rather than a religious perspective, but he has been enjoying the support of religious conservatives.  This is probably because his views are quite compatible with the right-wing narrative that accepting and acknowledging trans* people as they need to live is (as enunciated regularly at LSN) a “disservice” and “false compassion because it’s not true.”

Peterson’s remedy to all of this dreaded political correctness — and what he calls upon listeners to help him with — is to propagate a “No PC” sticker campaign across the campus, and beyond.

The response to his videos has been mixed, with fierce supporters and opponents.  It has reportedly spawned threats, and affected some students’ class attendance.  In recent days, personal information about trans* students was circulated in far right subreddits, and protesters were nearly overwhelmed by an angry mob that allegedly included neo-Nazis.  This puts the University of Toronto in a quandary, as calls for reprisal — including possibly firing Peterson — have arisen.

From my perspective, reprisals like firing are not really a preferable end goal. We do value freedom of speech in Canada, after all — especially in academic settings — so there is that kernel of validity, even if Peterson’s speech is disrespectful or hateful. He’s entitled to his opinion, and also to be a jerk about it, on his own time.  Restrictions on freedom of speech are too often used to oppress minorities rather than people of privilege, anyway — much like the “homosexual propaganda” ban in Russia, which conservatives are still trying to figure out how to lobby for in North America.  It’s that extra step that Peterson wants to take it with students and colleagues which makes the question particularly difficult.

When I say this, though, it’s also partly because I’m an avid reader of social conservative media, and understand the undercurrent of persecution narrative activism. It’s why I can recognize what likely motivates someone who — without anyone ever asking him to respect trans* people in the first place — took it upon himself to loudly and energetically pursue free speech martyrdom anyway.

And personally, I see no value in giving it to him. Peterson’s actions — whether deliberately or by coincidence — are destined to place him in a growing collection of social conservatives who self-immolate for a few moments of anti-LGBTQ fame. It’s become trendy to seek a place on the Kim Davis speaking circuit, alongside Fundie cake bakers, and the twice-suspended Alabama Chief Justice who tried to singlehandedly overturn marriage equality in the United States.  Free speech martyrdom is also Ezra Levant’s entire schtick (which he’s still trying to parlay into a media network), so it also has just as valid and active a presence in Canada outside of overtly religious circles.  Whining that someone’s “special right” to dignity and equality is trampling your perfectly ordinary right to discriminate seems to make you a far right folk hero, these days. One of the end objectives of this, of course, is to insert a special religious exemption in human rights laws, so that people can practice their faith by refusing to sell to, hire, or otherwise co-exist with heathens (I might have got the precise wording wrong on this, because I don’t remember the particular scripture where Jesus commanded his followers to willfully disrespect and refuse to do business with sinners — I keep getting hung up on the “love one another” and “give unto Caesar” parts, for some reason).

Anyway, free speech martyrdom will allow Peterson to play hero… or at least until some other dupe comes along. After all, the whole value of the Kim Davises and Melissa Kleins to conservative activists only lasts as long as they’re useful to the two legal groups (Alliance Defending Freedom and Liberty Counsel) trying to etch anti-LGBTQ discrimination into American law, plus the allied think tanks, religious organizations and media outlets that are parasitically fundraising off both their successes and their failures. The Kleins, for example, recently closed their bakery, ruined because they thought that refusing to do business with a lesbian couple was a noble idea — and now they’re almost forgotten, except by the vaguely-phrased legend of the cake bakers. In that circuit, the fate of someone like Jordan Peterson is irrelevant.  The point of beatifying the speech martyrs is to entice more dupes into creating more situations that help build a narrative which frames LGBTQ peoples’ rights to live, work and do business as automatically and inherently persecuting to people of faith… something that Peterson’s firing would fit into just as beautifully as any technical victory he might (though it’s a longshot) find some way to score.

Either way, giving Peterson the glory he seems to seek really only feeds an ongoing anti-LGBTQ political tactic — even if deceptive — and gives it power.

Yet, there does have to be some form of limit. There’s no denying the destructive effect of cumulative aggressions and microaggressions. It’s one thing to be told by someone that they think you’re deluded and that they refuse to respect you. It’s quite another to be told that in billionuplicate, at every turn, by several people you don’t know (and even worse: some you do), without you ever having done anything to warrant the hostility. If you pay attention to news related to trans* people, you know that stories of suicides due to bullying and harassment arrive on a weekly basis… and that’s only the reported instances.

Because as valid as the need to protect free speech is, it is also very often weaponized, and used to gaslight entire communities that just want to be able to participate in society and be accorded the same dignity and respect as anyone else. It’s used to minimize them, tell them they ask too much, and shame them into going away — back into their closets would be just fine, for example. Remember what I said about free speech in the real world being often a one-sided or lopsided thing.

But where to draw the line on hateful speech is almost impossible to determine. It’s easy to limit speech in cases of libel and direct harassment or incitement. Cumulative hatefulness, though, is difficult to realistically pin on an individual, especially given that an individual doesn’t always intend the hostile fallout generated by their supporters or the like-minded. I don’t know that it can be done legislatively, except in extreme and / or intended instances.

What has to happen is a mass awakening, and a mass rejection of ignorance — and unfortunately, the pace of that kind of change is glacial. Of course, mass backlash will still be framed as persecution and censorship, but it will be better recognized widely as a reasoned response to bigotry.  And that takes time and awareness… and continual revisitation.

And if there is no clear legislative solution, then there’s not a lot of guidance outside the court system, either. So I understand the position this puts the University of Toronto (and potentially the Ontario Human Rights Commission, if it came to that) in… particularly with the issue of pronouns.

The thing to keep in mind about pronouns is that deliberately misgendering someone is itself an act of hostility — an act of asserting that you know better than someone else who they are, what they need and what their life experiences mean. It’s putting your inconvenience of having to adapt ahead of the reality of their entire lives. It’s not just about invalidating one’s choice of pronoun — it’s about claiming the right to authoritatively invalidate everything that they know about themself(/ves)*.

[* And if you paused for less than five seconds to look at that, understood it — however awkward that pronoun might have looked — shrugged and moved on, then congratulations: you’re far better able to cope with gender neutral and / or singular “they” pronouns than a UofT prof!]

Allowing Peterson to speak his opinions about “gender ideology” is one thing. Having him publicly vow to deliberately antagonize and disrespect students and other faculty members is quite another.  And as the increasing tensions and threats over the course of his campaign have shown, sustained, hateful free speech can have serious consequences.

So what is to be done?  The best scenario would be if Peterson would recognize where he has stepped beyond speech into deliberate antagonism and borderline incitement, maybe apologize, or at least leave things be, but that’s obviously not going to happen.  Probably, the only result that both he and trans* advocates and supporters will be satisfied with is some form of free speech martyrdom, in the form of firing or some lesser kind of censure.

And this will inevitably once more feed the conservative persecution complex, and the dreams of a Trump-like saviour to free them — in the words of the inimitable Samantha Bee — “from that prison, and the cruel shackles of empathy and mutual respect.”

(Crossposted to rabble.ca)

Canada’s Trans* Rights Bill Now Endorses Bans in Washroom and Gendered Spaces

Canada’s trans* human rights bill C-279 was amended by a Senate committee, in a way that makes it legal to ban trans* people from washrooms and gendered spaces appropriate to their gender identity.

Sen. Donald Plett, Conservative member of the Standing Committee on Legal and Constitutional Affairs, added a legal exemption for “any service, facility, accommodation or premises that is restricted to one sex only, such as a correctional facility, crisis counseling facility, shelter for victims of abuse, washroom facility, shower facility or clothing changing room.”  The amendment passed with six of the committee members supporting it, four opposed, and one abstention.

There were two other unanimous amendments made.  One added the category of “sex” to the protections in the Criminal Code (which has long been a bizarre and serious omission from hate crimes legislation).  The other removed the definition of “gender identity” which had been added in the House of Commons as a condition of passing the bill, back in 2013.  Because the bill has been amended, it would need to return to the House for a final vote before being enacted.  It is thought unlikely that the bill would be brought forward before an election call — and now, if it did, the bill’s original proponents would oppose it — meaning that C-279 is almost certainly dead.

“The very act that is designed to prohibit discrimination is being amended to allow discrimination,” the bill’s Senate sponsor, Grant Mitchell, pointed out.  “It holds people who are law-abiding, full-fledged and equal members of our society accountable for the potential — the very, very long-shot potential — that someone would misuse this to justify a criminal act.” (The transcript has not been posted yet, but the videocast is still available)

Sen. Plett has long claimed that the bill would be exploited by pedophiles and rapists to attack women and children in washrooms, a claim that has been repeatedly debunked by law enforcement officials and other experts:

“Minneapolis Police Department: Fears About Sexual Assault “Not Even Remotely” A Problem. Minneapolis police spokesman John Elder told Media Matters in an interview that sexual assaults stemming from Minnesota’s 1993 transgender non-discrimination law have been “not even remotely” a problem. Based on his experience, the notion of men posing as transgender women to enter women’s restrooms to commit sex crimes “sounds a little silly,” Elder said. According to Elder, a police department inquiry found “nothing” in the way of such crimes in the city… [Phone interview, 3/11/14]”

Additionally, criminal activity in a washroom or gendered space would continue to remain criminal regardless of the gender of the perpetrator.  On the other hand, trans* women face very real dangers when institutionally housed with men or made to use segregated facilities according to their birth sex.

Nevertheless, bathroom-related fearmongering has been the cause of several petitions and campaigns to kill trans* human rights legislation in North America.  It has also started to spawn draconian bathroom-policing bills (some of which ignore the actual genital status of the person, even though genitals are allegedly the rationale for the law):

“Building managers who “repeatedly allow” trans people to use the bathroom that accords with their gender identity would, however, face up to two years in jail and a maximum $10,000 fine under the proposed law.

“… If passed, the law could tighten how Texas defines gender, not only singling out transgender people, but those who have chromosomes that don’t fit the strict definition laid out in the bill, like intersex individuals. The bill reads:

” For the purpose of this section, the gender of an individual is the gender established at the individual’s birth or the gender established by the individual’s chromosomes. A male is an individual with at least one X chromosome and at least one Y chromosome, and a female is an individual with at least one X chromosome and no Y chromosomes. If the individual’s gender established at the individual’s birth is not the same as the individual’s gender established by the individual’s chromosomes, the individual’s gender established by the individual’s chromosomes controls under this section…”

Plett’s reasoning essentializes trans* women as being “biological males” (“… and I will use ‘men’ because I believe they are biological men — ‘transgender,’ but biologically, they are men”), and asserts that they are inherently a threat to cis* (non-trans*) women.  When it was pointed out that his amendment would require trans* men to use womens’ facilities, Plett appeared indifferent, and he later referred to a young trans* man as “she.”  Plett added that he believed his amendment would allow “separate but equal treatment.”

Bill C-279 would affect only areas under federal jurisdiction, such as federal facilities, the Armed Forces, federal agencies, and First Nations reserves.  But it had been seen as a potentially important symbol of human rights protection to have specific federal inclusion.  Canadian human rights commissions consider trans* people written into legislation, but without explicit inclusion, there remains a possibility of an overturn in court precedent (where application is not as certain).  Meanwhile, companies that take direction from federal legislation continue to not see a need to develop policies for trans* employees.

The Northwest Territories was the first Canadian jurisdiction to pass trans-inclusive legislation, in 2002.  Ontario, Manitoba, Nova Scotia, Newfoundland and Labrador, Prince Edward Island, and Saskatchewan all have provincial protections.  In British Columbia, a similar bill, M-211, has been blocked by B.C. Liberals, who refuse to allow it to face a vote or discussion.

Former Member of Parliament Bill Siksay first introduced a trans* human rights bill in 2005, and continued to reintroduce it in every Parliamentary session, until it eventually passed in the House of Commons. However, it was awaiting ratification in the Senate when a federal election was called, which killed the bill.  In 2011, Siksay left federal politics, and Randall Garrison reintroduced it as C-279.  In 2012, many trans* people stopped campaigning for the bill when the characteristic of gender expression was deleted from the bill, and a definition of gender identity was added.

(A version of this article also appears at Rabble.ca and The Bilerico Project)

Sodom: Review of a Russian Anti-Gay Documentary

On Tuesday, October 28th, Peter LaBarbera re-entered Canada for an immigration hearing, then to speak at an anti-LGBT conference, and finally on Thursday to face charges for mischief (which stem from an arrest while distributing anti-LGBT leaflets at the University of Regina).

LaBarbera (nicknamed “Porno Pete” by bloggers because of his penchant for filming pride parades and gay BDSM events in the name of “research”) has returned to Canada at the invitation of Bill “Anal Warts” Whatcott (so nicknamed because of his fondness for distributing graphic depictions of anal cancers and other deliberate shock leaflets).LaBarbera was briefly detained, searched and questioned by Canada Border Services — or as American social conservatives call it, persecuted by “homofascists.” In the process, though, border services did seize a DVD copy of the Russian anti-LGBT documentary, Sodom.  As the film is available to view in English on YouTube, LaBarbera and Whatcott proceeded to show it at their conference, anyway.

Personally, I’m not a fan of censorship. I realize there has to be a limit to propriety, and not just when someone advocates for mass-murder.  The Protocols of the Elders of Zion didn’t actually call for Jews to be put to death, for example, but it created such an inflammatory environment that violence became inevitable.

But given that LGBT people are just as at risk of being silenced in the name of propriety (maybe even for giving people snarky nicknames), I’m still not keen on censorship. Part of the whole reason for LaBarbera’s visit is to strategize about how to bring about a Russian-style “gay propaganda” ban in Canada, after all.

So, I still prefer to let people speak freely, and once they’ve had enough rope, show people what they’ve done with it.  And in that vein, I bring you:

Sodom: The Review

And yes, it will be triggery.

Sodom first aired on Russia’s government-funded Rossiya-1 station in September.  It presents itself as a sensational expose* of the sinister gay rights plot to forcibly transform society into one that accepts any and all evil, while eradicating truth, freedom, religion and decency.

You might think I’m exaggerating, but I’m not. Sodom was originally filmed and written for a Russian audience that had already been scared into an anti-LGBT frenzy resulting in incidents of violence noted worldwide.  This furor was accomplished by speakers like Scott Lively (who appears many times in the film), who conflated LGBT people with pedophiles, and claimed that the Nazi party started out as a gay plot.  Lively’s activism resulted in a ban on “gay propaganda,” which is essentially anything that can be seen as LGBT-positive (or perhaps even acknowledge their existence in a non-condemning way), in any environment where children might hear or see it.  In this context, Sodom is able to fearmonger unchallenged, and get away with all sorts of wild claims.  In Russia, the film received high ratings and was critically acclaimed.

But it’s a bit different for a Canadian audience: people who have coped with LGB(t) human rights for over a decade and lived with same-sex marriage since 2006 without descending into a stylish shock-troop cavalcade.  Canadians largely (with exceptions) didn’t mind having to coexist with LGBT people or do business with them in the past few years… although that’s starting to change now that Americans are framing it as a violation of principle that’s going to send them (and all society) to eternal damnation.

But belief is a powerful persuader, which can goad the faithful into ignoring all evidence and reason, in favour of conjectures, no matter how grand.  Although I refuse to dignify far right homophobia and transphobia as being a “Christian” perspective (because certainly not all Christians espouse it), it should be recognized that leaders like LaBarbera and Whatcott still manage to frame it as such, and that can have a strong influence on people who view it as their duty to believe.  Those people don’t have to question God if they don’t want to… but they should most certainly question the people who claim to be speaking for him.

I don’t speak Russian, so I can’t say how much of the English translation of Sodom was polished up for a Western audience.  I am under the impression that very little was changed, if anything.  Which is surprising, because if any film needed to sweep its extremes under the translation rug, it was this one.

Sodom’s producer, Arkady Mamontov, previously gained notice for implying that LGBT rights caused the Chelyabinsk meteorite explosion.  He hasn’t stopped seeing queer-caused calamities since then.  In Sodom, Mamontov makes several weird or inflammatory claims:

• LGBT people are repeatedly conflated with pedophiles within the film, and homosexuality is claimed to be inextricably interwoven with child molestation.  There is a suggestive undercurrent of this throughout the film, nudge-nudge-wink-wink, but at times, the narrator is also far more explicit.
• “Sodomites pay attention to mysticism and different symbols,” we are told.  With jump-cuts of historical artworks and occasional allusions to rites, the film tries to artfully connect LGBT people to devil worship without actually saying it out loud.  Because that is apparently seen by the filmmakers as the limit of believability.
• LGBT people are said to have conspired to rewrite the Bible, in order to make scripture accommodate them (rather than simply critically re-examining the clobber passages).  In the western world, apparently everyone who is lesbian, gay, bisexual or trans* (LGBT) owns a copy of the Queen James Bible.

Language is crucial in Sodom.  It’s quite clear that the film translators much prefer the term “sodomites” to describe LGBT people.  It ties into the title of the film, and is keyed to keep the focus on sex acts in the hope that doing so will make viewers uncomfortable or outraged.  Likewise, trans* people are referred to as “transvestites,” lesbians referred to as belonging “to a new sex tribe,” and when all else fails, “perverts” will suffice. The idea of “mama and mama” is made to seem puzzling, bizarre, disgusting and scandalous.

In the early scenes of the film, Scott Lively explains that Russia is at the first stage of gay activism: “Well, let me explain how this works.  There is a five-stage process of cultural conquest.  Five steps. It begins with a request for tolerance.  Once the gays have achieved tolerance — and tolerance is just the right to be left alone — then it’s a demand for acceptance, and acceptance means equal status.  Then comes celebration — that everyone must accept homosexuality and promote it as a good, valuable thing.  Then comes forced participation: everyone must participate in gay culture.  And then comes punishment of everyone who disagrees.”  LGBT people must not be even tolerated, he argues, because that’s the first step that leads to everything else.

“The average American is not in favor of homosexuality,” Lively claims.  “But they are afraid to speak publicly about it, because the gays have so much power and they can do harm to those people.  Most people are vulnerable to some sort of intimidation, especially if they are in any position of influence, or in the media spotlight.”  Lively welcomes the initial nod of an agreeing taxi driver as evidence… though the driver later seems to change his mind and want to be left out of the discussion (“no, no”) but is creatively edited to appear as though he’s simply gesticulating.  Moments later, in front of the office building occupied by the LGBT establishment organization, Human Rights Campaign, Lively says “they are trying to declare that homosexuality is a human right. And they’re devoting massive amounts of money to promoting this agenda around the world, instead of addressing genuine human rights.”  The HRC is apparently such a monolithic fundraiser that poor, underfunded churches can’t keep up the opposition.

Next, the film makes a stop at London’s Tavistock Institute of Human Intelligence, which during World War II was exploring “new methods of psychological war, not only against fascist Germany, but also the Soviet Union.”  Tavistock is said to have conspired with the CIA to create the MKULTRA project, for the purpose of manipulating people.  While Canadians may see this as an aside, to a Russian audience, the suggestion is planted that England is still engaging in psychological warfare against them today.  Naturally, the producers find someone “who knows a lot about this” apparently super-secretive institution, Daniel Estulin, who claims that the Tavistock Institute “is the place which created and later imposed on the consciousness of European youth such cultural accents as ‘free love,’ orgy, and civil marriage.”

MKULTRA did indeed experiment with hypnosis, behaviour modification, physical and sexual abuse, LSD, and sensory deprivation.  There have also long been claims that Tavistock contributed to the program.  But in Estulin’s estimation, MKULTRA was really a “fifty- or hundred-year plan” to normalize homosexuality and sexual liberation, “literally to change the paradigm of modern society.”  The film also alleges that “the psychological components of the Ukrainian Revolution — chants, behaviour models, slogans — were also created here.” Estulin cautions that the endgame is “genetic manipulation to eliminate memory,” and warns that after lesbians, gays, bisexuals and trans* people are accorded equality, “… then you can have transhuman.  You can have post-human.  You can have man-machines, such as the Terminator.  You can have cyborgs.  You can have beings that are not totally human as a result of synthetic biology, because today you can literally create a human being in a laboratory.” And frighteningly enough, I guess, they might all want human rights.

The filmmakers also pay a trip to The Fertility Institutes in Los Angeles, where the segment opens with the clinic doctor bragging that they’ve become world-famous for being able to choose a boy or a girl.  Here, they examine LGBT parenting by taking viewers through the clinical process of in-vitro fertilization, complete with ominous music, in a way that is meant to create a chill over the cold sterility of the process.  They make repetitive claims that gays always want boys and lesbians always want girls (and of course, there could be no alternate explanation for that, nudge-nudge-wink-wink): “Green is genetic disorders, like Down’s Syndrome, or they have a genetic problem. Okay? But most of them have boys and girls.  The male gays want boys, and the female gays want girls,” the clinician generalizes with a large grin that is lingered on, suggestively.

There is ample film time spent on Pride parades, as the film editors cut in every example of nudity or garish costumes that they can find, interspersed with footage of kids and teens in attendance.  BDSM folks turn up frequently, and some of the footage looks like it actually comes from the Folsom Street Fair, in a way that makes one wonder if Porno Peter LaBarbera was behind the camera (alas, I can’t find the film credits, or I’d check).  “Aren’t you afraid your child would want to become like them?” The narrator asks one parade onlooker, being careful to stay within the perception of choice and whim, and avoid any thought that sexuality could be something intrinsic and individually-rooted.  “Naw,” is the reply, “we actually want to encourage him to see everything, everything in the world…”

“Sodomites unconsciously understand that what they are doing is wrong,” the narrator assures us, as the camera searches the crowd for any expressions that could seem sad, scared, or otherwise negative.  “However, on the surface, everyone makes an effort to express joy,” he adds, coming up short of appropriate footage and needing an explanation.  Then, they do their level best to depict children of LGBT people as unhappy, ashamed or even terrorized… rather than simply intimidated by being in a large crowd with so much activity taking place.  “The child’s soul feels that everything around them contradicts nature’s law.”

Surrogacy is the next focus of attention.  Remember that Russia is currently debating banning out-of-country adoptions and / or adoptions by LGBT parents.  “Where there is no woman,” the narrator asserts, “there is no continuation of life.  But sodomites try to bypass the laws of nature.  Large sums of money are spent on exactly this: mother-mother, father father.”  At this point in the film, IVF and surrogacy are both portrayed as human trafficking.  “The sodomites have paid for and received living goods for their money.”  The film returns to the assertion that gay parents want only boys, and lesbians want only girls: “for what?  Perverted acts?”  Naturally, a pair of men in New Zealand that subjected their adopted child to heinous abuse and were convicted of molestation are now given ample screen time, and portrayed as evidence that this is the norm.  They allege by extension that all children of LGBT parents are brainwashed into covering up abuse and “to think that this sort of behaviour was acceptable.”  The surrogate mother in this case had been Russian: the intended lesson is clearly that western LGBT people are taking advantage of Russian mothers to provide exploitable children through adoption.  IVF is even framed as a genocide in which one child is created but many others are destroyed.  “It’s an unnatural process.”

Sodom also takes aim at a lawsuit against a florist, Baronelle Stutzman, who refused to sell flowers to an LGBT couple.  Because of the gay mens’ intolerance and ignorance, we are told, Stutzman is likely to lose her house and her business.  Viewers are manipulated into tears and rage at the thought that the special right to have equal access to goods and services has trumped the perfectly ordinary, everyday, sensible right to deny someone else exactly those things.  “But why are the rights of all the other people violated in the light of the first?” the narrator later asks.

There is an undercurrent of discussion about neocolonialism that infuses the film — or more honestly, one that hijacks the discussion of neocolonialism.  There are plenty of examples of anti-LGBT conferences and meetings with religious and political leaders by people like Scott Lively, and it is actually American groups’ homophobia that has been trying to change Asian, European and African nations through fearmongering and lobbying.  But the film reverses this so that the American government is portrayed as deliberately promoting homosexuality around the planet, “as plague, as cancer.”  Yet corporate globalization, militaristic interference, and widespread espionage are not identified as colonial problems… only homosexuality.  One Moldovan political leader relates how his attempts to ban a pride parade resulted in a stern talking-to from an American-connected diplomat.  How fascist.

Later in the film, prison rape takes centre stage, with abuses in Gldanskaya (a Georgian prison) that are claimed to have been directed by an American puppet dictator and inspired by Abu Ghraib.  The abuses are portrayed as a deliberate attempt to spread homosexuality through non-consensual torture.  “There was one goal: to break, diminish and humiliate.”  They later add, “the same thing awaits people who aren’t accordant with the regime in Ukraine.  The pro-American regime will use the same methods in jails and prisons.  There are currently thousands imprisoned from Kiev to Odessa, and only God knows what is being done to them.”

As the film winds to its conclusion, it presents Russia’s law banning “gay propaganda” as the solution, warning that any insufficiently condemning representation of LGBT people is dangerous.  Father Mikhail, prior of the Saint Georgiy temple in Tblisi explains: “Everything begins with a harmless character in a movie or a sitcom.  This man is obviously homosexual, but he is funny, witty, and then it stops.  He disappears.  Then another film, then a few more.  It’s like a poison in small doses.  It won’t do anything to you right away.  But with time it gets bigger and stronger, and the tolerance of the system weakens, accepting it more and more each time.”  It underscores Father Mikhail’s point with visions of HIV and gay BDSM.  “Russia occupies one of the leading positions” in restoring order, the narrator says.  “The law banning gay propaganda, a return to traditional values, and the strengthening of the faith of the nation… all this postpones the end of times.”

What separates Sodom from something like The Protocols of the Elders of Zion (aside from the choice of minority group that is targeted) in a place like Canada is the context.  Here, everyone has a friend, or a family member, or a co-worker who is gay or lesbian, or bisexual, or trans*.  There is a familiarity that is comfortable.  There are certainly people who are closed-minded to LGBT rights, or are susceptible to a feeling of culture shock at social change, or don’t know (or don’t care to know) any of the issues LGBT people face… but for the most part, Canadians recognize people as people, and don’t feel all that threatened when those people fail to adhere to rigid cultural hegemonic expectations.

The situation is far different in Russia.  Fewer people know LGBT persons, and with the “gay propaganda” law and potential for violence driving them further into the closet, the next generation is far less likely to have any familiarity with them.  In this environment, Sodom is a tinderbox, ready to ignite.  In this context, Sodom cannot help but trigger violence and rage.  There isn’t even the usual lip service to loving the sinner but hating the sin.

LaBarbera and Scott Lively have formed the Coalition for Family Values specifically for the purpose of bringing Russia-inspired laws banning gay “propaganda” to western nations:

“The Coalition for Family Values will be encouraging our current and future affiliates throughout the world to lobby their own governments to follow the Russian example. While the LGBT agenda has seemed like an unstoppable political juggernaut in North America and Europe, the vast majority of the people of the world do not accept the notion that sexual deviance should be normalized. It is time that these voices are heard on the world stage before the so-called elites of the Western powers impose their inverted morality on everyone through the manipulation of international law, which they clearly intend to do…”

And that starts with eliminating LGBT-positive portrayals and human rights protections.  But they’ll have the public believe that they are the true victims of a colonial and fascist agenda.

So now you know.

(Crossposted to Rabble.ca and The Bilerico Project)

Trans kids, washrooms and the new harassment

On October 13th, a story appeared at the Christian Broadcasting Network about girls being harassed by a trans youth in the washroom of a Colorado-area school.  Soon afterward, the story was picked up by the Daily Mail, the Examiner, FOX News, and several webmedia outlets.  One even embellished it with a claim that the girls were threatened with hate crime charges).  After a few years of using the spectre of a fabled bathroom predator to scare people about the prospect of human rights law inclusion for trans people, it almost seemed like the far right was clapping with glee at finally having found one.

Except that it wasn’t true.

Almost immediately after the story broke, it was debunked, and some media — including the Daily Mail and the Examiner — had retracted it.  This was because Transadvocate’s Cristan Williams contacted Superintendent Rhonda Vendetti, and was told that:

“This is one parent basically bringing their viewpoint about this situation to the media because they weren’t getting the responses that they hoped they would get from the district, from parents of students at the high school, or from the board and myself. So I think it’s just an attempt to elevate the situation to a point where maybe some more attention can be drawn to that in the hope of having a different outcome. But to our knowledge and based on our investigation, none of those things have actually happened. We do have a transgender student at the high school and she has been using the women’s restroom. There has not been a situation.”

That hasn’t stopped the story from spreading like wildfire, including at least one Canadian far-right website.  With Bill C-279 proposing to add gender identity to Canadian human rights legislation now winding its way back through the Senate, it will almost certainly come up again.

CBN’s report originated with a far-right ex-gay group called the Pacific Justice Institute (PJI), a group which has been actively fighting against a recently-passed law in California, AB 1266, which provides protections and accommodation for trans students. Along with several other anti-LGBT groups, PJI is trying to mount up a petition effort similar to the Proposition 8 campaign, to put this law on the ballot and ultimately repeal it.

JPI is continuing to insist that the student in question (who is not being named) was harassing other girls in the washroom.

Because the student was there.

After the original story was debunked, PJI’s spokesperson wrote that:

“It is our position that the intrusion of a biological male into a restroom for teenage girls is inherently intimidating and harassing…”

Transadvocate has continued to document PJI’s changing talking points and positions and grilled the group’s spokesman, staff attorney Matthew McReynolds, in an interview. From these, we discover that PJI’s statements on the issue involve a lot of playing with language, such as using the fact that the student has recently started transition (and is therefore in that awkward phase in which her gender expression is interpreted differently by different people) to claim that she appears sometimes as female and sometimes as male — as though she’s switching back and forth at whim.

TA also interviewed the family of the teen at the centre of the controversy, to finally get her side of the story.  Not surprisingly, it turns out that she has been the target of threats since the controversy first began.  But it’s not all bad news, either.  Several schoolmates and their families have stood up for the student, as well:

A female student from Florence High School who wished to remain anonymous said “[PJI is] so pathetic. My mom asked me about this whole thing when she saw it on the news, and I told her. She even said they were being dramatic.”

In a printed letter to the editor in the town’s local paper, the Canon City Daily Record, a woman named Dara Hoffman-Fox wrote to say, “This is a local teenager whose life has been turned upside down by just a few people who fear what they do not know.” The letter went on to say that PJI’s story “has since been proven false and media outlets around the world are providing apologies for having printed [false accusations] without having the facts confirmed. Sadly, the damage is done.”

Additionally, the students of Florence High School have organized their own group to support [name withheld].

Debunked or not, the issue is likely only to intensify.  The battle over California’s AB 1266 is bringing out rhetoric like one campaigner’s assertion that trans student accommodation is “the most dangerous bit of legislation against the child and against family than any other in the history of the United States,” and petition gatherers are deliberately misleading members of the public, while collecting signatures.  One religious leader is even accusing the teen in Colorado of “raping, at least visually, these teenage girls” by being present in a locker room… no actual malfeasance required.

And transphobic groups are starting to follow that lead, and portray any instance in which trans women in womens’ spaces as being harassment or disturbing people, regardless of whether or not the person in question actually did anything.

Simply existing and traveling about in public is the new harassment.

And portraying a trans teen as a predator is somehow accepted as not.

A Real Bathroom Bill.

The Bathroom Bill was supposed to be voted on today.

No, I’m not talking about the human rights bill that opponents have tried to tag with that nickname — C-279, which proposes to clarify and enunciate legal protections for most transsexual and transgender Canadians (although the removal of the class “gender expression” has opened some doubt).  Although C-279 says nothing about washrooms, opponents have tried to fearmonger about bathrooms, conflate trans people with sexual predators, and/or claim that human rights inclusion would somehow grant legal cover to predators.  Bill C-279 passed, today, on a vote of 149 to 137, after first having amendments made to it.  It proceeds to the Senate for ratification.

No, what I’m referring to is in fact a bathroom bill.

The State of Arizona has proposed a bill that is eerily reminiscent of the notorious SB 1070 “papers please” law that the U.S. Supreme Court had to rule on in 2012.  And this afternoon, the Arizona Senate Appropriations Committee was scheduled to discuss Senate Bill 1432 — a totally innocuous bill which would require the Arizona State Board of Massage Therapy to appoint an Executive Director and outline the Board’s purpose and funding.  However, an emergency amendment to it (text) would make it possible for anyone to demand to see a person’s birth certificate, and have them charged with disorderly conduct if their gender marker doesn’t match the washroom’s gender designation.

The bill would make it a class 6 felony to use a public washroom while trans, a crime punishable by up to 6 months in prison and a fine of up to $2,500.  In Arizona, a class 6 felony conviction remains on a person’s permanent record, their right to vote is rescinded, potential employers are made aware of the conviction and can require an explanation, various licenses can be refused by the State, federal and state aid and other social assistance can be refused, rent can be denied, and one is banned from ever holding public office.

And it actually has a chance of passing, although it’s dwindling given the sudden media attention.

Rep. John Kavanagh introduced the amendment yesterday, in response to the City of Phoenix’s passage of an ordinance which widened human rights protections to include trans people, among others:

“What about the woman that are waiting in line to use the women’s restroom? There is a long line. They go into the men’s restroom. That’s against this law, isn’t it?” asked CBS 5’s Greg Argos. “Technically it is, but look, police use discretion every day,” Kavanagh responded.

“This is designed to protect young children from being exposed to the other gender in their fullness in inappropriate situations. I’m just restoring sanity, because the Phoenix bill turned gender upside down,” he continued.

You see, during the “bathroom bill” panic dredged up in Phoenix (much like the potty fearmongering circulating in Canada around C-279), legislators discovered that there never has been any legislation in place to bar trans people from using restrooms.  Consequently, trans people have been using gender-congruent bathrooms for decades.  For that matter, over 180 jurisdictions provide protections, going as far back as 1975, without those human rights protections ever being used to legalize or enable an assault in a washroom.  When washroom panic was raised in Baltimore, Montgomery County Police Chief Thomas Manger released a public statement to attest that trans-inclusive legislation has not led to any such bathroom assaults, there.

On the contrary, Baltimore had been the scene of a brutal assault of a trans woman outside a public washroom. The incident garnered national attention, after amused staff at a McDonald’s cheered the fight on, recorded it and posted it on YouTube.

So with that kind of lengthy record of non-issues, Kavanagh just knew that Arizona is due for a potty incident.  Naturally, trans peoples’ access to public washrooms had to be stopped right away.

Antonia D’orsay, Executive Director of This Is HOW points out some of the implications of the emergency amendment (plus more background):

• “… The bill makes it a crime for a Transgender person to follow accepted and proven medical treatment protocols that have been employed for over 50 years and are demonstrated to be the only effective and ethical remedy.

• The bill makes it legal to engage in the abuse and neglect of children who are gender variant, and stops them from being able to follow medical guidelines supported by every reputable pediatric organization in the nation.

• The bill runs directly counter to Supreme Court decisions relating to the legality of using someone’s appearance for the purposes of discriminating against them

• The bill is in opposition to the 5^th and 14^th Amendments to the United States Constitution by creating a burden of inequality on all Arizonans.

• The bill is unnecessary and untested.

• The bill requires that everyone in the state of Arizona be required to present their birth certificate, on demand, to anyone with authority at any time, or risk arrest – even if they have a birth certificate that is in accordance with such.”

Abby Jensen notes how this legislation would be likely applied subjectively:

“How would such a law be enforced? By every overzealous restroom patron, security guard, business owner or mere passerby who decides that someone they see entering a restroom doesn’t conform to their notions of how a “man” or “woman” should look and complains to police. In other words, trans men, women and children, butch lesbians, feminine gay men, and straight, cisgender people who violate societal gender norms in some way can be harassed to prove their right to do what every other citizen takes as a given – the right to use a restroom for its intended purpose without harassment…”

Here’s the good news (maybe): SB 1432 has been postponed until next Wednesday, due to a committee procedural conflict.  Which might give some time for sanity to prevail.

And by then, Arizona’s state legislature may have found some other puppies to kick.

C-279 Committee Roundup: The Necessity of Inclusion

On Tuesday November 27th, the Standing Committee for Justice and Human Rights (JUST) met for a second of three meetings to examine the trans human rights bill, C-279. I’ll be discussing the filibuster that occurred in the third, shortly.  However, it’s worth paying attention to the discussion on the bill’s necessity in the second meeting, as it was one of the Conservatives’ key arguments for opposing the bill.

In the first hour, it heard from representatives from the Canadian Human Rights Commission (CHRC), Canadian Human Rights Tribunal (CHRT), and a representative from R.E.A.L. Women of Canada, Diane Watts.  Which, if you were listening to the webcast, was something like listening to Peter Mansbridge, Pamela Wallin, and then this person:

Watts made news because rather than speaking much about trans people and human rights issues, she mostly ranted at length about pedophiles.  Then, when she was cut off and told her remarks were offensive, the floor was turned over to a member of the committee, Robert Goguen, who bade her to continue in the same vein for another five minutes.

A lot was said about Watts testimony, although the coverage glossed over some things.  R.E.A.L.’s “lead researcher” tried to frighten the committee about inclusion leading to the correctional system having “to provide treatment for those inmates,” even though Canada already has a ruling on that in Kavanaugh v. Canada (2001). Committee members referred to it several times in that meeting, in fact.  Watts also cited the American College of Pediatricians, which is an organization founded by reparative therapists and has been repudiated by the American Academy of Pediatrics, which is the actual recognized authority in ACP’s field.

But the overlooked testimony of the CHRC and CHRT representatives is far more significant.

The Conservative Party argument against Bill C-279 has long been that they believed the bill was not necessary, and that the terms were not defined.  And yet, after the second meeting of the Standing Committee for Justice and Human Rights to discuss the bill, some of the opponents of trans human rights inclusion switched tactics by dropping the argument about necessity, and focused emphatically on defining the terms narrowly, such as by tying them to a diagnosis.  The use of the “not necessary” argument came to an end.  So what happened during the meeting?

The anti-gay spin machine LifeSiteNews has deliberately distorted the testimony of the Canadian Human Rights Commission and Canadian Human Rights Tribunal folks in order to validate the idea that clear human rights inclusion is unnecessary.  But it only works if you cherry-pick little snippets from Canadian Human Rights Commission acting secretary general, Ian Fine, and Canadian Human Rights Tribunal acting chairperson and chief executive officer, Susheel Gupta, out of context:

Fine, responding to Goguen, admitted that “strictly speaking, I suppose the legislation isn’t necessary…”

Gupta was more adamant about not taking a position either way, but here are full quotes from Ian Fine from the transcript.  See if you come to the same conclusion that LSN did:

“To answer your question, as I said at the outset, we currently accept complaints—and have forever—from transgendered individuals under the ground of sex, and sometimes under the ground of disability, and we will continue to do so. To answer your question, strictly speaking, I suppose the legislation isn’t necessary, but we see other reasons why it would be important to include these two grounds under our act, and we do support them.

“For one thing, it would provide the clarity that I think we believe is missing at this point, because as much as it’s true that the commission and tribunals and courts do accept transgender issues as falling under the ground of sex, parties still debate that issue before those very tribunals and courts and question whether or not transgender issues fall under sex. In one case I know of, an issue was raised as to whether or not you could even raise the issue under sex and instead should raise it under disability.

“There continue to be these debates, so for clarity reasons, we believe it would be a good thing to add these two grounds. Also, as I said at the outset, it would be a recognition of the discrimination that this group faces: the sometimes hostile and violent acts that this group faces in our society. So it would recognize the vulnerability of this group, of these individuals.

“…

“It is true that the Canadian Human Rights Tribunal certainly has held that these matters fall within the existing prohibited grounds. There’s no doubt about that. Other courts and tribunals across the land have done so. As I have said, we receive complaints on transgender issues under the ground of sex and sometimes disability.

“But the reality is that even though the courts have accepted that and we accept that, parties still go before those tribunals and courts and raise arguments about whether or not they are included. So clearly there are some Canadians who aren’t in agreement with that notion, who are still fighting about it, who feel that the protection is not explicit or shouldn’t be covered by one of the other grounds.

“We’re simply suggesting to add these grounds to provide more clarity to all Canadians, to make it explicit, and then there’s no doubt.”

Spin attempts to the contrary, Conservatives can’t justifiably call clear trans human rights inclusion unnecessary, anymore.

MP’s trans predator fearmongering escalates.

On Friday, Sun News commentator Brian Lilley interviewed Rob Anders, the Member of Parliament who has drawn condemnation for conflating transsexual and transgender people with sexual predators in a petition he has been circulating on his website, and to at least one church in his riding. In “Children’s bathroom bill reaches Parliament Hill,” both doubled down on conflating trans people with sexual predators, and suggested that granting human rights inclusion will somehow enable and legally absolve predatory acts.  Anders claims there is “all sorts of examples of this going on.”  Which is news to anybody else.

Lilley introduced the interview by once again calling for the defunding and privatization of CBC, the network which first broke the Anders story, and which Lilley has tried to portray as ludicrous for taking note of the petition.  During this time, though, Lilley has also been taking note of a Toronto District School Board (TDSB) policy that accommodates trans kids.  Like fellow Sun News Network commentators Michael Coren and Faith Goldy, he’s made that all about washrooms.  While discussing the TDSB policy with Anders, they arrive at this exchange:

LILLEY: We are going and changing all kinds of things that… I agree with you, could put people at risk of being exposed to perverts to fix something that is, what, one percent of one percent of one percent of a subset of a subset?

ANDERS: Yeah.  You know, why would we lower peoples’ natural defenses of a man going into a woman’s bathroom in order to “accommodate” [scare quotes added because at this, Anders appears to grin mockingly or suggestively]  this very very small, you know, part of the population.  In order to expose all sorts of women and girls to this…?

At that point, Rob Anders relates a phone call that told an anecdotal story of a crossdressed peeping tom who allegedly peered over stalls in the Canterra building in downtown Calgary four years ago.  Searching various media online, there appears to be no corroboration that it even occurred, let alone that it happened as related.  The network sensationalistically underscores this story with staged photos that are supposed to be representative of trans people in restrooms, including one featuring a urinal covered in police tape, and another showing someone with a long wig and a dress standing at a urinal.  Or at least I’m assuming they’re staged, because it would be concerning if someone is snapping candids in washrooms.

At an earlier point in this interview, Brian Lilley also points to one of the men accused of chaining and abusing a Nova Scotia teen — the attacker was said to have occasionally dressed in womens’ clothing.

Most Canadians either don’t know someone who is transsexual or transgender, or else aren’t aware that an acquaintance is trans (and given my experience as a community advocate, I suspect it’s more often the latter).  For this reason, Anders and Lilley float these examples as being representative of all trans people, and as justification for excluding those entire characteristic classes from basic human rights protections.

LILLEY: “Then he’s free and clear.”

Enter Bill C-279, An Act to Amend the Canadian Human Rights Act and the Criminal Code (Gender Identity and Gender Expression), which is a human rights bill addressing employment, housing, access to services and discrimination.

The bill says nothing about washrooms, which Lilley briefly acknowledges before calling washrooms a side effect of the bill, and then continuing to focus on them at the expense of all else.  C-279 also wouldn’t change the fact that trans people have already been using washrooms appropriate to their gender identity for decades.  But it’s at this point that Lilley and Anders claim that the bill would somehow essentially absolve the people in their examples of any culpability for their actions.

ANDERS: “Then he’s free and clear, that’s right.”

Readers are invited to find any example in which rape, molestation and other illegal and inappropriate behaviours were suddenly excused because the perpetrator was a member of a class listed in human rights legislation.  As equal human beings, we are all still responsible for behaving ethically and respectfully toward our fellow human beings, and to face the legal consequences if we don’t.

We also don’t exclude entire groups of people from public washrooms (let alone human rights) on the off-chance that one of them might be a sexual predator.

When I wrote about the history of the “Bathroom Bill” meme, one thing I didn’t mention is how opponents of trans rights initiatives tended to conflate trans people with predators, and then when called on it, would habitually backtrack to say it wasn’t trans people they were worried about, but that they thought trans-inclusive legislation could provide cover for actual predators to commit acts of sexual predation.  And then they’d go on talking about “transgenders” with hairy legs and skirts stalking children and doing unmentionable things in washroom stalls, as a reason to block human rights legislation.

But with the way Lilley’s interview is presented, there’s visibly no effort at all to make any kind of distinction.

And all of this, of course, completely overlooks the dangers to safety of going the opposite direction and forcing transsexual women to use a men’s room.  Or whether women would be happy having trans men in theirs.

Which brings us to Brian Lilley’s bottom line:

LILLEY: “Why do we have all these groups mentioned to get special treatment in the Human Rights Act, in the Criminal Code?  I thought we believed in treat all people equally and fairly in this country.  And why don’t we just get rid of all this nonsense and say all people are equal above and beyond [sic] before the law?”

Overlooking the fact that you just referred to equality as “special treatment,” Mr. Lilley, it is most likely because there is ample evidence that there are clearly bigoted attitudes and beliefs about entire groups of people, conflating them with abhorrent actions and behaviours — even to the point of circulating petitions, making comments on the floor of the House of Commons, and reporting them on television as fact — in ways that make discrimination against those groups likely or even inevitable.

Sun Media’s Brian Lilley interviews Rob Anders

(Crossposted to Rabble.ca)

Rob Anders, the transsexual bogeyman, and the weird phenomenon of MPs petitioning their constituents.

Rob Anders is on a mission.  Hot on the heels of having to halfway apologize for alleging that NDP leader Thomas Mulcair drove former NDP leader Jack Layton to his grave, Anders is now sending at least one church (possibly more) a letter asking them to petition MPs to oppose Bill C-279, which would (in its current form) extend human rights protections to transsexual and transgender people.  You’d almost think he needs an easy deflection, and trans people are the punching bag du jour.

It must be important, too.  For a Member of Parliament who has gained a reputation for falling asleep during Question Period in the House of Commons, allegedly napping through presentations about homeless veterans, and about whom fellow MPs have stated that “It’s a regular occurrence… I sit across from him when we meet in Ottawa and I’ve seen his neighbours poke him awake sometimes,” this must be pretty urgent, attention-getting stuff. After all, he’s staying focused on this one.

In his original letter, he raises the alarm:

“That Bill C-279, also known as the “Bathroom Bill”, is a Private Members Bill sponsored by B.C. NDP MP Randall Garrison and its goal is to give transgendered men access to women’s public washroom facilities.

“And that it is the duty of the House of Commons to protect and safeguard our children from any exposure and harm that will come from giving a man access to women’s public washroom facilities.”

Ah, he wants to protect women.  Hence his vote in support of M-312, which hoped to make government an arbiter of what reproductive health decisions women are allowed to make.  How chivalrous.

The Calgary West MP has stirred up controversy before, sending Canadian troops a Christmas message which read, “when in doubt, pull the trigger.”  He also made international news when he called Nelson Mandela a terrorist.  In 2010, 19 members of Anders’ riding association quit citing interference from the Conservative Party, with another 5 of the 32-member board following in the days afterward.

I’ve written before about washroom panic, and the historic use of this non-existent epidemic (considering that we’ve used public restrooms for as long as we’ve existed, and not seen any statistically notable number of instances of predation) to oppose all basic human rights inclusion for trans people, and have to admit that Anders’ comments pale in comparison (probably only because of brevity) to the rant that Niagara West-Glanbrook MP Dean Allison delivered right on the floor of the House of Commons this past April:

“I find this potentially legitimized access for men in girls’ bathrooms to be very disconcerting. As sexual predators are statistically almost always men, imagine the trauma that a young girl would face, going into a washroom or a change room at a public pool and finding a man there. It is unconscionable for any legislator, purposefully or just neglectfully, to place her in such a compromising position.“

Still, Anders is careful to make his talking points look original, although they are really not that different from Allison’s, the panic letters previously sent from LifeSiteNews, rants by Charles McVety, or the letter sent by MP Maurice Vellacott to his fellow MPs when the predecessor of this bill, Bill C-389, trekked through the previous session of Parliament, forwarding comments from a “constituent” who turned out to be Jim Hughes of the Campaign Life Coalition.  Or the editorial written by MP Blake Richards in the Rocky View Weekly as C-389 proceeded to Third Reading.  That bill passed, but died awaiting ratification by the Senate, when the election was called.

Rise and shine, SunTV

Anders’ comments also come as Sun News Network commentators Michael Coren and Faith Goldy are reacting negatively to the Toronto District School Board’s introduction of a policy that will allow trans students to use washrooms that are appropriate to their gender identity — even the Toronto Sun implies that trans identity is whim by phrasing it as using “whichever washroom they wish.”  The TDSB ruling is in response to a 2011 ruling by the Ontario Human Rights Commission, and addresses accommodating trans kids (something badly needed), but like Anders, Coren and Goldy fixate on potty panic.  Transcribed by the Huffington Post:

“Goldy was quick to make the issue personal. ‘I cannot but help but bring this story back to my 5-year-old god-daughter and the fact that when she goes to the bathroom by herself who knows what kind of creepo is now fully permitted, he has the right now, to be standing in that bathroom and doing God knows what,’ the reporter said.”

“Who knows what” is probably peeing, and trans people value their privacy during that as much as any other Canadian, thank you very much.

Goldy, like Anders, deliberately misgenders female-identified trans people.  We know that Anders isn’t referring to anyone else when he is petitioning about “transgendered [sic] men” because the trans men I know would generally not be wanting to use the womens’ room anyway.  Granted, womens’ restrooms tend to be cleaner, but those beards might raise questions.

I’ve seen that kind of deliberate misgendering a lot, and typically the objective is to portray trans people as being deluded at best or else outright fraudulent.  But when this kind of intentional disrespect comes from politicians and media figures, it especially needs to be challenged.

“I’m petitioning you to petition me…”

Although Anders’ comments are obviously not new, it signals a growing trend when Conservative MPs start actively lobbying their constituents to lobby them for petition signatures.  This is reminiscent of Jason Kenney’s recent letter to congratulate himself on his efforts as a champion of LGBT human rights, and his previous petition to petition his constituents to petition him to thank him for petitioning them to thank him (or something) on his valiant initiative to deny health care to immigrants.  With Anders, Vellacott, Allison et al actively stirring up fears of an imaginary transsexual bogeymonster in order to defeat human rights legislation, it signals a disturbing trend among legislators — in these cases, Conservatives — by attempting to manipulate the public conversation and skew public input in a way that would appear to support their personal agendas.

Which brings me back to a point I’ve made before, and made often:

Human rights protections are necessary exactly because this irrational fear persists.  It’s necessary exactly because trans people still get conflated with sex predators and child predators, or labeled as “sick,” “perverse,” and “freaks.”  It’s necessary exactly because people become so clouded with assumptions and myths that they argue for our deliberate exclusion from human rights under the pretext that granting them would be “dangerous” or “scary.” It’s necessary exactly because this bias is so entrenched that people think nothing about broadcasting it openly as though fact.  It’s necessary exactly because this “ick factor” response is seen as justification for not allowing an entire group of people to share the same space, to terminate their employment or to evict them.  It’s necessary exactly because it is so pervasive that discrimination becomes not only likely but inevitable — especially if there is no explicit direction in law to the contrary on the matter.

And especially if that irrational meme is so prevalent that it’s being loudly and embarrassingly parroted by legislators.

The sponsor of Bill C-279, Randall Garrison, has responded to Anders’ petition, saying that “what’s most offensive about his petition is that he equates transgendered people with sex offenders and pedophiles.  This petition is obviously based on ignorance, misinformation and fear, but that’s unfortunately what we’ve come to expect from Mr. Anders.”

Rob Anders, however, has been not responding to requests for comment.  Maybe he’s nodding off, after all.

(Crossposted to Rabble.ca)