Way back in September of last year I started a three part blog entry all about how I see the issue of trans gender in today's world. The first two parts dealt with the sociological implications of "trans" and the physiological and psychological questions around the existence of the trans thing in the human species.
You can find the articles below :
Part 1
Part 2
So it'll come as no surprise to you oh perceptive readers of mine that this here entry is the long awaited part three:
Legal and moral questions concerning "Trans" gender stuff in the human population.
So, the obvious question is: "why the large gap from Sept last year until now to write part three"? Quite honestly because I've been researching, questioning and figuring out in my own mind what the situation is and what it perhaps could and - depending on ones POV - should look like.
The recent events in America on which I've written extensively over the last few weeks, my own philosophical musings plus questions directly to my trans peers have all served to shape my view. The keen observers amongst you will note I've added in "moral" to the title as well as legal, which is an addition that owes its inclusion directly to these influences.
So first a brief explanation of law, and the first conundrum with "Trans" phenomena. Laws are by their very nature utilitarian, and universal. They are made to be applied equally to all based on specific defining criteria, or specified exceptions. For example the sale of goods act will define what it means by "goods" and "sale" and anti discrimination legislation will set out what it means by the terms "employee" "contract" , "duties" and so forth. This avoids ambiguity and creates universally understood language so that these terms carry distinct meanings in law and their interpretations can thus be somewhat fixed. Also within these legal definitions are elements of known causality, known origins, thus known and accepted definitions of the terms themselves.
Of course this is in part due to common language. But it highlights a major issue with "trans".
Recently the 2010 equalities act included "transgender" and "gender reassignment" in the legal word pool, and intimated that it is unlawful to discriminate against a person based on these terms or their "gender"
The transgender equality report (which you can see here) Made a few recommendations, and is a positive step in a broadly well meaning direction for trans people. However a bill was tabled in parliament late last year to add in "gender identity" to the legal nomenclature of protected characteristics. (see here) This gave me significant pause.
Why? you might ask? as a trans person surely you'd be in favour of such a move. Well perhaps in principle, but remember what I said about law being universal and utilitarian, and that legal terms need to have solid foundations of clear definition and unambiguity?
"What is Gender identity?"
Ask a dozen trans people, be that M2F F2M or NB, post, pre op, medicated unmedicated etc and you will get a dozen differing definitions ranging from "nature" to "its an intrinsic part of me" to "it is what i say it is"
Ask a dozen cis gendered people and you're likely to get variations on a theme of "sex" "physicality" "woman" "man" etc etc.
So my question is:
"How can we protect something in law when we cannot define critically and clearly what that protected thing is? "
Plus a cis persons "gender identity" is rarely questioned since it follows that its perceived as physiological, and assumed to be thus. Its only the validity of a trans persons "gender identity" that is often called into question because it "appears" to have no basis in commonly held belief systems of the general populace relating to the causality of "gender"
This is at the heart of what I believe has for the last 30 years or so kept "trans" as an issue somewhat murky for the population at large and ill defined even for those more aware of its nuances. It's very diversity of nature appears to be its undoing. (That and being lumped in with LGB issues and then
seen erroneously by the well intentioned unknowing as merely an orientation)
One cannot have "gender identity" protected in law under a basis of "its my opinion" because quite simply that opens the door to the likes of "religious freedom" discrimination exclusion clauses in legislation through legal precedent. "opinion" is subjective. In order to be fair the law MUST be objective. So what to do?
I attempted to define causality of Gender Identity, rooting it in some grounded scientific fact and/or tested theories, and thus giving it a definable nature.
This brought me back to Dr Robert Salpolsky's lectures and the work on the human brain. Heres a link to a short piece by Francine Russo (2016) about the work of Antonio Guilimon et al
Click through to the article here
The original research report in the new scientist was from 2011
See here
(Recap: In essence it suggests that there is a significant and consistent difference in the brains of trans people, when compared to cis. In that the brain of a trans person more closely resembles that of the male/female gender they identify with, or is somewhere in between. This is based on a measure that is routinely and widely used to "sex" brains and has been for sometime.)
So, we have a potential if relatively new scientific explanation for what this "trans"phenomena is. How then can we link this into "gender identity", and how the person "feels"? Behavioural biology is something of a mine field. Correlation often being mistaken for causation and vice verse. It's obvious that a lot more work is required to unpick this, and as such one humble blogger is unlikely to come up with the revolutionary answer in 5000 words or less.
BUT. Here's where it gets interesting. Lets assume this physiological link is valid. Even Dr Guillamon himself said brain scans may not always detect these differences. The result of which is that proving an individual person has the brain structure to "validate" their "gender identity" is still fraught with unknowns. It merely leaves us with the possibility that "gender identity" when applied to people exhibiting a trans trait could be anatomical/biochemical and physiological in nature.
This is of course an imperfect solution. It is however better than simply saying "self definition is a mater of opinion and this opinion should be enshrined in protections of law" Taking that route leads to an animal farm-esque "some opinions are more equal (and thus legal) than others"
Let us assume the physiological link isn't true, what then? Well since we can prove it to be neither true nor untrue at this time (on living patients) one must assume the ethical standpoint that does the least harm to persons exhibiting the conditions being considered. I.e. accept that it may be true and act accordingly, in light of evidence based best practice.
So we come to the morality question.
Opponents of "trans rights" and of theories of gender that break from the general populace's perceived wisdoms of an XY/XX chromosomally defined dichotomy often cite the harm that could result from affirming what they see as erroneous expressions of gender or in extreme cases mental disorder. (as a side note trans gender is now close to not being regarded as mental illness by the forthcoming WHO ICD-11 revision in 2018 and in some cases nationally it already isn't see here)
Some of these objections may come from genuine concern regards the scientific legitimacy of the condition, after all we humans often doubt that which we cannot see. However most come from either religious conviction, or positions of ill placed fear, ignorance (such as the bathroom debate) or it has to be said plain simple old fashioned discriminatory "othering" of that which we don't understand or approve of.
It occurs to me therefore that if more of the trans community took an interest in their causality, as society moves towards being more open to exploring this once taboo area of our genetic, anatomical, physical and psychological beings, then we could turn those well intentioned critics into allies. Not all disagreement comes from a place of hate, some eminates from a genuine desire for the truth.
Once those questions of causality have well known answers, then dependent on those answers we humans have direction. It is possible we may find that trans is not directly linked to anatomy. It is possible this could all be a dead end in the evolutionary tale of human knowledge. But given what we already appear to know I personally feel that outcome is unlikely. Sure it'll feed into the nature and nurture arguments, and we may never fully unravel that which is our building blocks, but every little helps.
The questions of the morality of legal protection for trans people is therefore one that bears striking similarities to the fight for gay and lesbian rights, simply because those opposing the legal protections are the same people, and often using the same arguments.
Dr John Corvino gave (in my view) a brilliant series of lectures entitled "Whats morally wrong with homosexuality?" There much of his work on youtube but if you have an hour of so I heartily suggest a listen.
So with Apologies and thanks to Dr Corivino"
"Whats morally wrong with "trans"if any thing? and if nothing whats all the fuss about?
Currently we know via evidence that reversion therapies don't work, and gender identity affirmation does work for the benefit of the Patient, with better outcomes. So that would seem a no brainier in allowing trans patients to access medical care.
Trans people have identities thats have scope way beyond just that gender bit. (or their body parts) They are sports people, academics, therapists, nurses, bus drivers and all sorts of things. So why focus just on the biology?
There are Male people, and Female people, then there are Non binary (+ other) people (and they mess up our neat categories . That the biology of those categories is now not as clear cut as it once was believed to be has already been covered, regardless of that they remain people.
The bible condemns it. Christian doctrine is a mixed "blessing" and worthy of a blog all of its own. But suffice to say the bible says less of trans gender than it does of homosexuality, which isn't itself all that much. Plus religion is a matter of faith, and thus opinion, and as I've already said, we know all to well how legislation for one opinion above another ends up.
You might think trans is gross. That's just aesthetics. One cannot tie morality to that. Some of us look odd, and thats the way it is. (earlier transition may address this particularly in the M2F group, so if we can have better access to medical care as per my first point society perhaps wont have to deal with this one much longer)
Why do you have to be "publicly trans" ..err Derrr! We kinda have to be cos unlike sexual orientation, trans is intrinsically an externally obvious social, verbal and non verbal conversation.
You get the idea. Many of the historical objections aimed at LGB through the years are now being used on trans people. Perhaps one can hypothesis this has more to do with the accusers than the accused but i'll leave that issue alone for now.
So, where does this all leave us?
Legally trans people now have some growing protections in various places across the globe. Those protections are still so new it's painfully obvious the birth pains of the legislations are still subsiding. In America the legal protections are being rolled back by what is at best a questionable regime, wrapped up in race hate and all sorts of terrifying doctrines.
So it's now more than ever important to look not just at the legal standing of trans, but the moral implications of denying healthcare and employment and discrimination protections and housing etc to these people solely on the opinion that they are "doing something we don't agree with"
Whilst my arguments above on the legitimacy of a legal definition and causality for "gender identity" that goes beyond opinion still stands. from a moral standpoint it really is secondary. "Trans" people are trans "people" and as such deserve the same level of consideration, respect and validity as any others group of people.
In considering the terminology, and the words "Trans" & "Gender identity" and given the arguments I've put forward for a causality of what I've called "trans trait" I'd suggest that "trans"as we know it, in those who make a permanent life changing affirmation of who they are, is perhaps merely a symptom of that which we already know as "intersex". But rather than being focused on the gonadal physiology, has it's origins in the structure and "wiring" of the brain. More research is undoubtably needed to flesh out that theory, but its an intriguing thought.
To finish on a another point made succinctly by Dr Corivino and one that can be applied in my view equally to trans:
Acknowledging they are trans gender makes some people happy(ier).
You may disagree with their decision & thats fine. I hate liver and onions.. but since it doesn't harm those who don't eat it you can still legally and publicly buy it, and I'm told some people even like it.
My opinion does not make the buying and eating of liver and onions "wrong".
So, if you have questions about trans, about what some of it means, or maybe just want to find out more, Get to know a trans person, not just their trans-ness, you never know you might find you have more in common that you thought possible.
until next time keep it #stubbornlyoptimistic.
Sarah
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