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Tuesday, 23 June 2020

Meet me, the ‘hate criminal’ and ‘transphobic’ to boot. That I am not, never have and never shall be and loathe bigots is neither here nor there.

As is the odd way of these things, I have — more or less — been accused of a ‘hate crime’. The situation is similar to when I posted a comment to a Guardian story last summer and for a month my comments were ‘pre-moderated’.

My comment then was on a story by one of its football writers who began life as Paolo Bandini, but had transitioned and is now Nicky Bandini, a trans-woman. And let me say upfront to ensure there is no misunderstanding (as, almost invariably, there can be): I have no problem, objection, dislike or anything of that kind with trans folk. None whatsoever, and I never have.

Furthermore, I believe, and would advocate, that everyone and anyone who is afflicted by ‘gender dysphoria’ — which put simply (and, to tread carefully, I should add in my understanding) is when a man or a woman, registered as male or female at birth, feels and is convinced they are, in fact, a member of the opposite gender — should get all the assistance, understanding and compassion possible, because they do not seem happy in the sex assigned them at birth.

This has nothing to do with hermaphroditism or those rare occasions when a newborn child does not present with two X chromosomes (which genetically marks them as female) or an X and a Y chromosome, but presents some variation thereof. It is also not related to sexuality as such, although it might come to have a bearing on sexuality.

Gender dysphoria (and I shall shall stress again as far as I know) occurs in folk who at birth had conclusively presented with two XX chromosomes and were registered, brought up and regarded as ‘female’; or who presented with an X and a Y chromosome and were registered male etc. The problem for them is that they become convinced they are simply not either female or male and identify with the opposite gender. And I get that too, and I repeat I accept that wholly and without reservation.

I came unstuck in my Guardian comment and, more recently, in a comment I posted on a Digital Spy forum, when I said that with the best will in the world I found it difficult to accept that a trans-woman is a woman as much as my mother and sister are women. As far as I can see the issue rests on the distinction — a crucial distinction, I suggest — between ‘gender’ and ‘sex’.

My point is that as far as ‘gender’ is concerned, folk can be any gender they choose to be and, I am obliged to concede, a trans-woman is a woman as much as a woman born a woman is a women as far as ‘gender’ is concerned. My problem comes when I am obliged — as I think I am — to accept that a trans-woman is equally as much a woman as far as her sex is concerned (i.e. not her ‘gender’) as much as are my mother and my sister.

Given that, as far as sex is defined, it requires two X chromosome to be a woman, how can, on that definition, a trans-woman who still presents with an X and a Y chromosome ‘be’ a woman as much as the woman with two XX


chromosomes (and, of course, that applies to trans-men who still present with two X chromosomes).

NB I have avoided using the term (which might seem useful here, but on reflection would not be) ‘sexual identity’, as it is more often used in a different context and if used here might muddy the water.

To repeat: distinguishing between ‘gender’ and ‘sex’ is crucial.

I can see where the objection comes from when I proclaim (as I did in my Guardian comment and again more recently on the Digital Spy forum) that I find it impossible to understand how in terms of their ‘sex’ — as opposed to their ‘gender’ — a man can become a woman. Does she menstruate? Does she have a womb and and can she conceive a child?

Yet, already, simply by asking those questions I am, in the eyes of some, guilty of transphobia and, by implication, a hate crime. My one hope is that others might understand what I am trying to say — because they agree that the distinction we must make between ‘gender’ and ‘sex’ and will not find me guilty of transphobia or anywhere close.

. . .

The particular thread to which I added my comment was concerned with a tweet the Harry Potter author J K Rowling had made. I haven’t seen her original tweet, but after the row blew up, she posted a response on her blog which you can read here.

This is what I said on the Digital Spy forum which made Digital Spy email to say

‘This post has been removed for defending transphobia and making comments that are considered transphobic rhetoric. This isn't productive to discussion. Due to this and our zero tolerance policy on comments of this nature your account has been terminated.’

Here is my post in full (which was contained in the email DS sent me). It does to some extent duplicate what I have written above. I have not changed it or corrected my literals, but I have added paragraphs to make it easier to read. And because I simply copied and pasted it from the email I have retained the odd typographical features:

The whole ‘transphobia’ issue is a minefield and one in which I have already been injured. What I find unacceptable is the insistence by some that if you don't subscribe to the idea that someone who ‘identifies’ as a man having been born a woman, or who identifies as a woman having been born a man, you are ‘phobic’.
But finding yourself, as I do, unable to accept that a human with two X chromosomes is ‘a man’ simply because she/he identifies as ‘a man’ and has perhaps had surgery and hormone treatment (and an XY chromosomes but now identifies as ‘a woman’ cast as someone who ‘hates’ trans people is beyond bizarre.
I’m well aware of the philosophical debates about ‘what is gender’ etc but I cannot get past simple facts: irrespective of how someone ‘identifies', they will have (the small number of exceptions we know off such as having three chromosomes) either XX or XY. How does ‘my identification’ change that?
Yes, if someone is born and raised in one sex/as one gender (it is still to vague which term to use as both are used to mean both the same and different things) but all their life feels they are they other, something is certainly going on. And they and they concerns should be taken seriously and their concerns should be respected.
But from there to move swiftly to decrying those of use who cannot equate a ‘trans woman’ as ‘a woman (and vice versa) as ‘phobic’ and ‘guilty of a hate crime’ really is very, very dangerous. It's the kind of behaviour exhibited by both Stalinists and Nazis, but in some circles it is becoming the norm. Rowling has my sympathy for the firestorm she finds herself in.
BTW A year ago I said much the same thing in a Guardian comment and immediately my comment was deleted and for several weeks all comments I made were ‘pre-moderated'. What made it all the more farcical is that officially the Guardian does not believe ‘in censorship’. It’s the kind of double-think Orwell satirised in Animal Farm when some animals were ‘more equal than others’.We must be very careful were we are allowing ourselves to be led.

. . .

When I first got the email from DS informing me they were terminating my account, I was just astonished. I could not believe it. By the following day I had become quite angry: I wasn’t and am not transphobic; I loathe those (usually on the far-right) who are (and who tend to be racist and homophobic, too) and do not want to be lumped into the same group as them; and the implication is that I am guilty of a ‘hate crime’, although that phrase has not been used.

Last week, I wrote to the legal department of Hearst Magazines (which owns Digital Spy) telling them just that. I added that they must — and I used the phrase — put up or shut up, that if Digital Spy (and thus Hearst’s lawyers) did and do think I am transphobic and thus guilty of a ‘hate crime’ they must report me to the police.

If, on the other hand and on reflection (and I did spell this out as I suspect this is the crux of the matter) they feel that an overzealous moderator (and possibly her/his supervisor if it was referred up) was responsible for judging me transphobic, they must rescind the judgment and re-instate my account.

For good measure I sent a copy of my letter and a printout of the comments to the chief constable of Devon & Cornwall police (who I imagine would be responsible for charging me with the ‘hate crime’ if it came to that as I live in Cornwall), Liz Truss, the government minister responsible for (among other things) Women and Equalities, and, for good measure, Peter Hitchens of the Mail on Sunday, who takes an interest in these matters.

NB Although I don’t share most of his political views which are to the right of mine on a good day, I was acquainted him and often chatted to him when I was working on the Daily Mail and I can tell those who might think so that he is certainly not the right-wing ogre of popular repute (which usually gets these kind of things wrong).

I have so far only heard from the chief constable who wrote to tell me he had passed on my letter to the most senior officer in Cornwall. I haven’t heard from the Hearst lawyers and, I don’t expect to: they will simply decide to allow the whole issue to dissipate: do they care whether or not I am transphobic? Er, probably not. I suspect they would also be reluctant to reinstate my account because it would be a tacit admission that ‘they were wrong’ and big organisations are, for many reasons, invariably reluctant to admit they were wrong unless the can somehow spin it to their advantage (‘Look, how openhearted and honest we are; we made a mistake and are only too pleased to admit it’ — except, of course, when they don’t which is usually). Best and certainly easiest to allow the matter to die a death.

I, however, will not let it dwindle away. I really, really, really don’t want to be lumped in with those right-wing thugs that do, metaphorically speaking, go around beating up gays and trans people. In practice, of course, there’s really not a lot more I can do apart from write again demanding a response. And my second letter can, and probably still will be, as ignored as the first was.

Wish me luck.

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