A matter of respect
Another law mandating lying in court:
South Australia is the latest state to endorse the use of preferred gender pronouns in the courtroom, saying it is a “matter of respect” to address parties by their chosen pronouns, and integral to “ensuring public confidence in the proper administration of justice”.
No it isn’t. Other way around. It’s a matter of respect not to lie, and not to order others to lie. People don’t get to “choose” what sex they are, and pronouns are simply grammatical indicators of what sex a third party is. (It didn’t have to be that way. In English first and second person pronouns don’t indicate sex, but third person singular ones do.)
SA follows the lead of Victoria and Queensland as jurisdictions that this year released edicts requiring court attendees to refer to parties by the pronouns they indicate being most comfortable with, such as they/them.
See how tricky pronouns are? Look at that “they” in “the pronouns they indicate” – which “they”?? The attendees, or the parties? Shoving in even more they/thems will produce yet more ambiguities of that kind, quite apart from the fact that it’s ludicrous.
It’s also sneaky of the reporter (or who knows, maybe the editor) to choose they/them for the “such as.” The stumbling block is not so much they/them as “she/her” when the accused is a man. Courts ordering women to call their male rapists or assailants “she/her” is an outrage, so the story reporting it carefully draws a veil over that appalling fact.
“The Supreme Court, District Court, ERD Court, Magistrates Court, Youth Court and Coroners Court recognise that the correct pronunciation of names and use of the preferred gender pronoun is a matter of respect and is an important component of ensuring public confidence in the proper administration of justice,” SA Chief Justice Chris Kourakis said in a practice note released on Wednesday.
Nonsense. Calling rapists “she” is not going to ensure public confidence in the proper administration of justice. Rather the opposite, I think you’ll find.
In April, Queensland Supreme Court Chief Justice Helen Bowskill released a similar practice note, recognising “the correct pronunciation of names and use of preferred forms of address is a matter of respect”.
Correct, yes. Lying and incorrect, no.
The Chief Justice can “endorse” whatever he likes, however, his policy comes crashing against the shores of reality. And the reality is anyone giving evidence in a South Australian court has either sworn an oath or made an affirmation that they will be truthful in their evidence. “I do solemnly swear/affirm that …”
The Oaths Act 1936 establishes the rules.
And even if the court were to rule that the oath taken holds more weight than the accused’s pronoun preferences, that would only protect evidence given, rather isolating the witness in the courtroom, if all other parties, including the judge and legal representatives, are using the pronouns.
At any rate, a man who has exercised his maile power in rape does not have a female “gender identity.”