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Open letter to the National Post: resistance to gender identity laws is about much more than political correctness

Recent articles (here and here) in the National Post have exposed a dispute surrounding gender identity taking place at U of T, one of many universities trying to navigate this polarizing issue. It’s critical that the public be informed that there’s more at stake than just transgender rights and freedom of expression.

Gender identity is indeed, as Jordan Peterson says, philosophically incoherent and scientifically unfounded. It’s also true that forcing others to participate in affirming one’s self-perception is a violation of individual autonomy. The more pressing concern, however, is not political correctness but rather that gender identity has created a dangerous landscape of competing rights that adversely impacts females. As such, dissension shouldn’t be monopolized by people who aren’t invested or interested in women’s rights.

According to NatPo writer Chris Selley, resistance to recognizing people’s chosen identity (the list is huge and continually expanding) comes down to a straightforward matter of being a jerk. But consider this: when gender identity replaces biological sex in law, distinct sex categories and therefore sex-based protections for females disappear because any male-bodied individual is considered a woman, or even female, strictly and solely on his verbal declaration. Many Canadians are supportive of transgender protections against discrimination in areas such as employment and housing (as am I) but aren’t aware of this implication. Toby’s Law, passed in Ontario, granted serial sex offender Christopher “Jessica” Hambrook entry into two women’s shelters on the basis of his transgender identity as a woman, where he assaulted at least four women. Despite the exploitation of these laws being well-documented, women and girls are left to question what rights they have (examples include the case of Student X in Minnesota and Colleen Francis in Washington), and we’re supposed to think this is a bad thing because some people don’t want to use preferred pronouns.

Imagine being a female forced to share public showers, change rooms, prisons, shelters, and other protected spaces with males because they claim to have an indescribable internal female feeling, that they can’t be questioned when they say they’re women because they identify with the stereotypes forced on females, or they don’t think they’re men because they don’t identify with masculine stereotypes. Imagine being told that you’re only a woman because you choose to identify as one, hence choosing to be a target of discrimination and violence, even though men who harm women and girls are unaware of and uninterested in how they see themselves and wish to be addressed. If you’re a sexual assault survivor, you’re expected to get over your trauma.

Postmodern queer theory and gender politics have arbitrarily decreed that a woman is anyone who identifies as a woman – end of discussion – and even thinking about asking a question is transphobic and bigoted. Now imagine that this circular logic forms the basis of gender identity laws in many countries, starting from the UN and trickling down, and you’ll be describing a reality few know exists. Women and girls are ordered to be silent, nurturing, and to surrender their boundaries. This is not acceptable. Not ever, not for any reason, even when it’s presented as a remedy for the problems faced by another group of people coping with their own unique challenges.

There are a number of common strawman arguments in circulation. I’ll address three to illustrate the lack of understanding around the issue:

  1. Opponents of gender identity laws are saying that transgender people are inherently predatory.
  2. Opponents think that women and girls will be safe if we don’t let transgender people use the facilities of their choice.
  3. Predators have always been able to get into female spaces, so what’s the difference?

The problem is that a law whose criterion for entry is self-declaration as opposed to biological sex effectively removes all barriers faced by predators who realize that all they have to do is say they identify as female/girl/woman. This loophole is publicized every time an incident is reported in the news. You’d have to be something of a recluse not to have heard about the controversy surrounding transgender bathroom laws.

Sex-segregated spaces were never understood as impenetrable bubbles that deliver absolute protection. They’ve always been intended to provide, as much as is practically possible, privacy and safety for females. It’s irrelevant whether particular individuals who don’t appear to be transgender can pose as transgender to make a political point; sincerity can’t be assessed if it’s unlawful to question one’s stated gender identity. In such a situation, literally any man can obtain unfettered access, whereas before he could be questioned and ejected if necessary. The fact that most perpetrators of male violence are known to their victims and there’s no way to guarantee safety in some circumstances are not valid reasons to expose women and girls to further risk. This should be obvious to anyone who values and respects females. Trying to convince them of what they should be comfortable with is a manifestation of rape culture. If you’re trying to negotiate someone’s boundaries, regardless of why they exist, you’ve already violated them.

There was no question about the need for sex segregation before gender identity was popularized. Until recently, no one was equating it with white supremacist laws in the American south. So why now? Sex segregation isn’t an expression of social hierarchy; it reflects a need and a right for females to participate fully in public life. Shaming people for not wanting to expose themselves or be exposed to the opposite sex against their will is an affront to human dignity, irrespective of whether some people think it’s bizarre or wrong, or feel comfortable doing so themselves.

There are many other ways in which gender identity negatively impacts women and girls. For the feminists critiquing this ideology, resistance isn’t a matter of poor judgement, character flaws or a desire to say offensive things without being accountable. These issues warrant rigorous analysis and discussion in the media and by the Canadian government as they consider the ramifications of Bill C-16.

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