Guest post: Not even the threadbare legal fiction

Nov 20th, 2024 7:53 pm | By

Originally a comment by Your Name’s not Bruce? on The persistent framing.

As much as I sympathize with Hutchinson, I wish everybody on the gc “side” would stop bringing up whether or not TIM have had surgeries, taken hormones etc. as if it made a difference. Even if he had, it still wouldn’t make him a woman, nor make it any more acceptable for him to enter women’s changing rooms.

I agree, but sometimes I think it’s important to spell out for the naive and clueless (like me from a few years ago) that things are worse than they seem. How many are aware of the fact that most TiMs have not undergone surgical “transition”? I wasn’t. Under self-ID there’s absolutely nothing, not even the threadbare legal fiction (i.e. lie) of a GRC to keep any and all men from identifying into women’s facilities. They’ve completely gutted the perfectly reasonable and prudent safeguarding concept of “Schrodinger’s rapist.” Make them explain how this works, and how they can tell the “safe” males from the “unsafe” with such precision and reliability that the former can be let in while still keeping the latter out. They can’t of course, yet they believe they have some power to do so, and that identifying “as a woman” somehow magically renders men who do so completely harmless. It’s all bullshit, and they know it. They don’t care about women’s safety. Women don’t matter. Women have already paid too high a price for this willful malevolence disguised as a “human rights” campaign. Women have been pushing back for years, but are still portrayed as hateful bigots for doing so. How dare McGovern push and prod and browbeat women to force them to accept men into women’s spaces? How dare she try to force Hutchinson to submit to and use the Newspeak redefinition of “woman” against her own interests? How dare she feign any kind of pontificating, judgemental superiority, and claim to hold the moral high ground when she’s the one who is essentially defending and promoting the “right” of sexual predators to enter women’s spaces? She should be sacked.

Hutchinson could have put it differently, or better, but I think that using surgically “transitioned” males as a rhetorical, “best case,” “steel man” scenario is useful. The fact that they’re willing to accept the carte blanche to predators that is self-ID, shows just how shitty the genderists’ position is. Taking this approach spells out what transactivists are willing to defend, and shows what they’ve already been able to force upon women. The fact that this open invitation for predators under self-ID stands even if TiMs are as completely harmless as they are claimed to be (which of course they are not), demonstrates how extreme the genderists’ position is. It shows their continuing, unrepentant, bloody-minded commitment to keep on sacrificing women’s safety in its pursuit and defence. Exposing that is worth something.



Can a skirt change sex?

Nov 20th, 2024 5:01 pm | By

Woman’s Hour hostile interview of woman who doesn’t agree that men are women if they say they are Part 2.

McGovern: There’s kind of two parts to that in a way Bethany. If the person dressed more traditionally as a female for example would that make a difference?

Me, interjecting. What a stupid question! Sure, it would make the same difference it made to Little Red Riding Hood. Oh hello sir I see you have a skirt on, by all means come in and watch us changing into our work uniforms, your skirt renders you miraculously harmless and trustworthy.

Hutchinson: Ah, not necessarily, no.

McGovern: If this person had surgically transitioned, would that be something you would accept when it comes to the changing room?

Me again: she says that in such an annoyingly unctuous, kindergarten-teacher way. NO, and why the fuck should it? McGovern is like those bullies who pretend to be “just teasing” but pinch a little harder every time. Remember: this is Woman’s Hour. It sounds like Trans Hour, but it’s not. Or it’s not supposed to be.

Hutchinson, exasperated, points out that it’s not her decision.

McGovern: But you are making the decision to take it to an employment tribunal for letting this person use those changing facilities at work, so you are taking a stand, making a decision.

Me again: Yes but she shouldn’t have to. She doesn’t want to. The bosses have forced her (and the other nurses) to by letting a man watch them change their clothes.

Hutchinson: Yeh I am making a decision because the Trust have put us at risk. Not because of this particular person, may I add, I have never alleged that this person is a predator. But the policy that the Trust has in place, it puts women at risk, because it states that men can self-identify as women and access the female changing room All they have to do is go to a senior member of staff and say “Look, I identify as a woman” and that’s it, they’re allowed in.

What could possibly? Eh?



No YOU full stop

Nov 20th, 2024 4:21 pm | By

No they’re not.

Zooey Zephyr is a trans woman, aka a man. Full stop, if it makes you feel any better. Trans women are of course not women, because that’s what the “trans” in “trans woman” means. Trans women are of course not every bit as “biologically female” as cis women, because, again, that’s what the “trans” part means.

How did a man who pretends to be a woman get elected to Congress from Idaho?



Not sick

Nov 20th, 2024 11:37 am | By

There’s a surprise.

Ahoo Daryaei released without charge

An Iranian woman will not face charges after she stripped to her underwear in an apparent anti-hijab protest at a university in Tehran, Iranian authorities say.

Earlier in November, video went viral on social media capturing the moment the woman, named by BBC Persian as Ahoo Daryaei, undressed on a university campus before being forcibly detained.

A spokesperson for the Iranian judiciary said the woman had been treated in hospital and returned to her family.

Iranian authorities at the time said Ms Daryaei was “sick” and had been taken to a psychiatric ward. It is not the first time Iranian authorities have branded a woman protesting compulsory hijab laws with a mental illness.

Yeah sure. Women thinking we are people = mental illness. What else would it be?



Uniquely destabilizing

Nov 20th, 2024 10:46 am | By

Criminal’s lawyers demand his conviction be thrown out because it would be “destabilizing” to let it stand.

Donald Trump’s attorneys are demanding the judge who presided over his New York hush money trial and conviction immediately throw out the case, saying it would be “uniquely destabilizing to the country” otherwise.

Hey, you know what’s really destabilizing? Electing a convicted criminal president.

“Immediate dismissal of this case is mandated by the federal Constitution, the Presidential Transition Act of 1963, and the interests of justice, in order to facilitate the orderly transition of Executive power following President Trump’s overwhelming victory in the 2024 Presidential election,” attorneys Todd Blanche and Emil Bove argued in a letter to Judge Juan Merchan that was made public Wednesday.

The interests of justice forsooth. No, the interests of justice mandate not letting a ruthless criminal get away with some of his crimes because he’s too famous and rich to face punishment.

The letter also cited presidential immunity as a reason to dismiss the case, and maintained Trump is already protected by it.

You mean already and retroactively. He was found guilty, but now that enough people thought it would be a fun joke to elect him president anyway, he becomes not guilty? That’s not justice, it’s borderline dictatorship.

In a letter to the judge Tuesday, prosecutors from Manhattan District Attorney Alvin Bragg’s office said they would not object to the sentencing being postponed while Trump’s lawyers file further legal arguments asking the case be dismissed.  

They said they would challenge efforts to toss the case, but agreed the situation is unprecedented.

“The People deeply respect the Office of the President, are mindful of the demands and obligations of the presidency, and acknowledge that Defendant’s inauguration will raise unprecedented legal questions,” their filing said. “We also deeply respect the fundamental role of the jury in our constitutional system.”

They respect all those things, but Trump doesn’t. Trump doesn’t respect anything but himself.



All of them men

Nov 20th, 2024 10:15 am | By

Some reactions to that “why won’t you let men into your changing room” interview on the women-hating BBC Woman’s Hour:

https://twitter.com/soulfoodie/status/1859194352762769691

There are lots more of the same kind.



The persistent framing

Nov 20th, 2024 9:09 am | By

Ugh I’m probably going to have to transcribe every word of this disgusting conversation on Woman’s Hour – because the very first thing Nuala McGovern the woman host of WOMAN’S HOUR does is confuse the issue by referring to the man in the women’s changing room as “a trans woman” instead of a man or a male. Ok Nuala McGovern so why talk about women on Woman’s Hour at all? Why not just make it all about trans women instead? Why not replace you with a trans woman? Eh?

Off we go.

The presenter Nuala McGovern:

Want to turn to Bethany Hutchinson, she is one of eight women, all nurses, who are taking their NHS Trust to an employment tribunal for allowing a trans woman to use their changing facilities at work. Bethany works in Darlington Memorial Hospital in County Durham, and when I spoke to her I asked her when she first became aware that a colleague who is trans was using the women’s changing room.

Bethany Hutchinson: Yes so this kind of kicked off in July 2023, so without any sort of warning or consultation from senior management, we became aware of a male changing in the female changing room, and this has led to nurses having panic attacks before their shifts, it’s led to international nurses wearing clothing underneath their uniform because obviously culturally they can’t be exposed in a state of undress in front of any other male other than their husband – and generally just a feeling of anxiety amongst many female members of staff, you know, looking over their shoulder worried that this person’s going to walk in and see them in a state of undress.

McGovern: Emmm you talk – use the word male, but what you mean is a trans woman colleague.

Hutchinson: This person self-identifies as female, this person has had no surgery, does not take hormones, is having sexual intercourse with a female as far as I’m aware, so I would say a male.

McGovern: And the person you are referring to would use she/her pronouns –

Hutchinson: Yes

McGovern: – but you don’t agree to using that?

Hutchinson [firmly]: I don’t agree to using that, no.

McGovern: And why?

Hutchinson: Because they’re a male, they have all their parts in place, and I believe that this is a biological fact, it’s not interchangeable.

End of part one.

It’s interesting that Hutchinson is a nurse, and it’s her job to be familiar with these “parts” and to know who has which kind, while McGovern is a BBC talking head, so it’s her job to be familiar with words. The two have different vocational habits of thinking. McGovern can mostly forget about the parts while she’s working, while Hutchinson cannot.



Careful with the baggage

Nov 19th, 2024 5:10 pm | By

The Guardian insults women yet again.

For many trans and non-binary people, top surgery – the process of removing breast tissue to get a flatter or masculinized chest – is not an elective procedure. It’s essential to them feeling at home in their bodies.

Wrong. Sorry. “Feeling at home in their bodies” is indeed elective. Removing breasts to feel at home in one’s body is like removing a leg to feel at home in one’s body. Both are elective because they are not physically necessary. Emotionally necessary is elective territory. If you had to triage patients waiting to have their breasts removed you wouldn’t (one hopes) put the “at home in my body” ones ahead of the breast cancer ones.

To put it another way, feeling at home in your body is a luxury, not a medical necessity.

Top surgery is a form of gender-affirming healthcare that can be used to treat dysphoria, the sense of deep unease one feels when their identity or appearance doesn’t match up with the gender they were assigned at birth.

Luxury. That right there is luxury.

The number of gender-affirming surgeries rose steeply in the US between 2016 and 2019.

Why? It couldn’t possibly be because it’s a fad, could it?

Despite the baggage that can come with one’s scars, they can also become symbols of pride and resilience.

Baggage? Scars and baggage? What kind of baggage? A duffel bag, a backpack, a 5-piece leather set?

But seriously, people really do need to learn the difference between necessary and elective.



Men are not a “vulnerable community”

Nov 19th, 2024 4:19 pm | By

He’s a guy.

He’s a guy.



Pro-choice

Nov 19th, 2024 11:42 am | By

Noah Berlatsky on the murderous ignorance and arrogance of Worst Kennedy:

It really should go without saying by now, but despite what RFK Jr. claims, vaccines are in fact one of the most transformative medical advances in human history.

The smallpox vaccine eradicated a 3,000 year old disease that killed 300 million people just in the two decades between 1900 and 1920. Before the measles vaccine became available in 1963, 400 to 500 Americans died of the disease every year, and some 48,000 a year were hospitalized. In the early 1900s, polio paralyzed hundreds of thousands of people a year; a devastating 1952 outbreak in the US killed 3,000.

And then of course there’s covid. Researchers believe that in the first year after covid vaccines were introduced, they prevented 19.8 million deaths globally. They could have prevented even more with better vaccine coverage.

But apparently Bad Kennedy has a problem with that.

Most people are aware that measles and polio outbreaks are bad and recognize that vaccines have been a huge boon. That’s why vaccine deniers like Kennedy insist they are not vaccine deniers. Instead, he shuffles and equivocates.

“If vaccines are working for somebody, I’m not going to take them away. People ought to have choice, and that choice ought to be informed by the best information,” Kennedy said in a recent interview.

No, people ought not to have choice when it comes to spreading disease. People ought not to have choice to drive 100 miles an hour on city streets. People ought not to have choice to fire machine guns into crowds. People ought not to have choice to set fire to occupied buildings. “Choice” is not sacred.

Kennedy and his Children’s Health Defense organization have for years pushed completely debunked lies claiming that vaccines cause autism in children. Kennedy has also lied by claiming that a mercury-based preservative called thimerosal, which used to be used in some vaccines, causes adverse health effects. Kennedy insists the negative effects of vaccines have never been studied or fully revealed — which, again, is simply untrue. Vaccines are considered safe because studies have repeatedly found them to be very safe, not because officials are keeping the truth from the public.

As head of HHS, Kennedy would be in a unique position to spread vaccine misinformation and downplay the dangers of refusing vaccination, as he did with the Samoa outbreak. He could block the CDC from making vaccine recommendations, undermining school vaccine mandates that help keep vaccine rates up and prevent deadly outbreaks. He could slow vaccine production, creating shortages. He could prevent the approval of new vaccines — an especially dangerous prospect considering the ongoing threat of covid and the need for better protection. (Some 650 people a week are still dying of covid globally.)

Therefore, Trump chose him of all people to be the Secretary of Health and Human Services. Trump wants more of us to die of communicable diseases.



Hello Columbus

Nov 19th, 2024 11:01 am | By

It’s a very small group of people in one city, but……..well, it’s that kind of very small group.

Ohio officials have denounced a small contingent of neo-Nazis who paraded Saturday afternoon through a Columbus neighborhood – waving flags featuring swastikas and shouting a racist slur – in the latest public demonstration by White nationalists in recent years across the United States.

Around a dozen people in black pants, shirts and head coverings – their faces obscured by red masks – marched along the street near downtown Columbus as three carried black flags emblazoned with red swastikas, footage provided to CNN affiliate WBNS shows.

At least one person yelled, “N***er,” again and again, according to the video that’s garnered online attention far beyond Ohio’s capital. The group strode past low-rise brick buildings housing a salon and a clothing boutique, along with cafés serving tacos, coffee, cookies and bar grub, as its leader shouted through a black bullhorn.

It could be just 12 people annoying the neighbors…or it could be part of the beginning.



Then film yourself complaining

Nov 19th, 2024 10:37 am | By

Oh dear oh dear confused muddled baffled person is at a loss to figure out which sweet Italian grandparent to emulate in which toilet! Be concerned!! Be very concerned!!!

I wonder though why cmbp is so upset about that rather than the fact that xir has several pieces of metal poking out of xir face. Kid! Watch out! You have bits of shrapnel in your face! That’s gotta sting!

I don’t know. Why do people put this kind of thing out in public where just anyone can see it? “Hello, watch me performing Whiny Sniveling Self-obsessed Fool.” Do they think it makes them look good?

https://twitter.com/DreyfusJames/status/1858585319777399196


You’d be happy if

Nov 18th, 2024 4:07 pm | By

This is very telling.

It’s so telling that this fool thinks we’re like them. This fool thinks the hostile entitled enraged aggression of so many trans-identified men is normal behavior, and righteous in a good cause. This fool doesn’t get that the foundational sense of entitlement baked into trans ideology encourages people to act accordingly. This fool doesn’t get that the result is a lot of deeply unpleasant self-obsessed demanding belligerent people. This fool doesn’t get that rejection of trans ideology doesn’t work the same way.

No of course we wouldn’t piss on a trans person’s car, not even if the person were a man. We talk, we write, we wear T shirts with slogans on them. We don’t piss on cars or pour soup over people or fracture the skulls of elderly women. We’re profoundly irritated, but we’re otherwise normal. Team Give Me Whatever I Demand, not so much.



An equality policy

Nov 18th, 2024 9:48 am | By

Oh but it’s so complex, you outsiders can’t possibly understand it because of the very complex complexity of it. The BBC reports how complex it is:

A protest over the Football Association’s transgender inclusion policy took place outside Wembley before England men’s match against the Republic of Ireland.

It was sparked by the banning of a teenage girl over remarks she made to a transgender opponent in a grassroots match.

So what is the background to what the FA calls “a complex case”?

Earlier this month, a 17-year-old female footballer was banned for discrimination after she was found to have repeatedly asked a transgender opponent during a match “are you a man?”.

But what does “a transgender opponent” mean? As always, the Beeb carefully obscures the issue by saying “transgender opponent” as opposed to “male opponent.” Transgenderism carries its own defense mechanism with it this way, because the male advantage is always kept under the concealing garments.

The BBC has not seen the FA’s ruling, but it has been claimed, external that the 17-year-old – who reportedly has suspected autism – had denied being transphobic, had concerns about her safety and had sought guidance from the referee over the eligibility of her trans opponent.

Does it all over again. Why did she have concerns over her safety? Oh we can’t tell you that…all we can tell you is that she sought guidance over the eligibility of her trans opponent.

The teenager, who has not been named because of her age, was banned by the panel for six matches, four of which were suspended. The FA has said it has also received notice of an intention to appeal.

The teenage girl was punished for not wanting to compete against a boy in a girls’ match.

Kick It Out, who[m] the BBC has approached for comment, has an equality policy, external through which it aims to ensure “that fans, players, staff and others are treated fairly and with respect”.

“Kick It Out is continually committed to promoting inclusion and to confronting and eliminating discrimination,” the group’s policy states.

But of course you can’t do both of those. You have to pick one. If you’re promoting “inclusion” of men in women’s sports you can’t also ensure that fans, players, staff and others are treated fairly and with respect. Once men are in women’s sports, the women in the sports are not being treated fairly or with respect. They are being insulted, and they are being put at risk. In no way are they being treated fairly or with respect.

Finally, halfway through the long article, the Beeb manages to tell the truth at last.

The case has highlighted the FA’s policy of allowing players who are biologically male, but identify as female aged 16 or older, to play in the women’s game.

Exactly so.

The policy, of course, is idiotic and an insult to women.

In its rules, the FA says it has “undergone a review of its policy on transgender players in line with its commitment to promote Football for Everyone. It is the FA’s firm view that gender identity should not be a barrier to participation in football which is governed by the FA.”

However, it also recognises: “Football is a gender-affected sport of a competitive nature where the physical strength, stamina or physique of average persons of one sex could put them at a disadvantage compared to average persons of the other sex as competitors in a football match.

“English law provides that because of this, separate sporting competitions can be organised for men and women. The general position is that the participation of trans people in competitive sports cannot be restricted unless it is strictly necessary to pursue a legitimate aim, namely securing fair competition and safety of other competitors.”

And who decides when it is strictly necessary to secure fair competition and safety for girls and women? Not the girls and women. What business is it of theirs?



Without legal permission

Nov 18th, 2024 8:55 am | By

We need some clarity on the details.

President-elect Donald Trump on Monday confirmed he would declare a national emergency to carry out his campaign promise of mass deportations of migrants living in the U.S. without legal permission.

Interesting ambiguity there. Which without legal permission? Migrants living in the US or Trump carrying out mass deportations?

Already, he’s tapped several immigration hard-liners to serve in key Cabinet positions. South Dakota Gov. Kristi Noem was picked to be homeland security secretary, pending Senate confirmation. Former Acting U.S. Immigration and Customs Enforcement Director Tom Homan was named “border czar.”

Homan previously discussed his vision for mass deportations, saying they would first concentrate on expelling criminals and national security threats. He didn’t rule out deporting families together.

It’s not clear how they plan to distinguish among criminals and non-criminals. It’s not clear how they will know which are which, or even how they think they will know that.

There are an estimated 11 million unauthorized migrants living in the U.S. without legal immigration status. Removing them could cost billions of dollars per year, according to estimates from the American Immigration Council.

If that’s true, why not issue them legal immigration status? Why have it both ways? Having it both ways just gives the trumpists ammunition.



Hackles in up position

Nov 18th, 2024 8:42 am | By

With little consolation anywhere we have to take some from internecine quarrels.

Elon Musk weighed in over the weekend on the increasingly tense battle for Treasury secretary in the second Trump administration—and that has reportedly raised the hackles of some Trump advisers, who worry his influence might have grown too large.

Oh surely not. Musk is a very cautious humble self-effacing guy.

The Washington Post reported that Musk’s endorsement via social media of Howard Lutnick, who is co-leading the Trump transition team, could add confusion to the process. One adviser suggested to the Post that Musk was acting as a “co-president” and could be overstepping his advisory role with Trump.

Not possible. He’s a genius. There’s no such thing as overstepping when you’re a genius.

Musk played a significant role in Trump’s re-election, putting over $100 million of his own money into a political action committee focused on Trump and appearing at several rallies.

This is good. Bad men with way too much money are the ideal people to run a government.



Don’t spread misinformation she wrote

Nov 17th, 2024 2:39 pm | By

Yet another iteration of Margaret Atwood v the wicked gender critical women.

The evidence for it is as always promptly forthcoming.

Audience: She did not delete them.
https://twitter.com/AjaTheEmpress/status/1858208854456127737

The good old slug sex :) defense.

https://twitter.com/cyberfrontier/status/1858095143494033846

It has always surprised me, from her. She’s been allergic to smelly little orthodoxies throughout her career, yet somehow this extremely smelly one gets a pass. Why? Why has she always resisted being called a feminist but not resisted signing that utterly stupid letter?
https://twitter.com/yatakalam/status/1858108974660219128
Eeeeuch.


In two hours flat

Nov 17th, 2024 11:39 am | By

Sometimes speed is not the goal. Sometimes it’s downright dangerous. That’s why speed limits exist.

Trump is zooming.

President-elect Trump has set a modern record for staffing his government, with 12 Cabinet-level appointments in the 12 days since the election.

That’s five times faster than President Biden made the same number of picks for his administration — and four times faster than Trump’s pick for his first administration, according to calculations for Axios by David Marchick, dean of the Kogod School of Business at American University and an expert on presidential transitions.

And it’s confirmation that he’s a reckless brainless wrecking ball.

Trump either “has the best and most efficient transition ever,” Marchick said, or “is blowing up all norms and making picks on the fly without vetting, research or Senate consultations.”

And it could not be more obvious which explanation is the right one.



Few people, after all

Nov 17th, 2024 11:11 am | By

Alex Massie writes a think piece about whatisawoman without much apparent thinking.

Few people, after all, hold a GRC. Nevertheless the theory also matters, not least because expanding the definition of woman, and indeed, that of man, creates a cascade of further questions. The distinction between people who have been diagnosed with gender dysphoria and hence qualify for a GRC and those we might dub “lifestyle” trans people is both important and, I would add, a means of protecting GRC-holders themselves.

What is legal, after all, is not the same as what is decent. The social reality of trans people and their rights to dignity and respect, including being addressed and, typically, treated as they would wish to be, is not altered by the court’s ruling one way or the other. There are worse things than indulging a material fiction and most of the time, in most circumstances, little if any harm can come from doing so.

Notice anything missing?

What about the social reality of women? What about women’s rights to dignity and respect? Since when is it a “right” for people to be “addressed as they would wish to be” in the sense of “addressed as something they are not/the opposite of what they are”? Since when is it a “right” for men to be addressed as women?

That’s not a genuine right. It’s a pseudo-right, a neo-right, an invented right, a right too many. There is no “right” to lie about yourself; in many official contexts it’s a crime. Playful fictions that don’t make any difference to anything are one thing, and men insisting with menaces that women have to pretend the men are women are very much another.

I’m tired of men being flippant about this issue that doesn’t do them any harm.



Maybe you do, but we don’t

Nov 17th, 2024 3:44 am | By

I honest to god thought this was just one more Twitter fool mouthing the platitudes, but it turns out she’s an MP and government minister (in Canada…of course).

How many weeks days months do trans people get???

It’s certainly way more than anyone else gets. Other marginalized or neglected or persecuted sets of people get one day if they’re lucky. Trans people The trans communinny get multiple days, weeks, months. Why is that?

Will they ever grasp that all this overkill simply fosters annoyance at best and hostility at worst? Skip the luxury pseudo-persecution and focus on people who really do need attention and assistance.