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PaperclipPerfector  5d ago (text post)   21107 thread views

Culture War Roundup for the week of November 18, 2024

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Why do you think we even have "man" and "woman" as a legal category? I never got the impression they're a permission to perform masculinity / femininity the way a driver's license is a permission to drive, or an arbitrary badge of honor like knighthood in the UK.

I think we do it for similar reasons to why we track whether people are married, whether they've adopted a child, etc. Because it gives the otherwise blind goverment a way to see what's happening with its citizens.

I also just don't take the bathroom argument too seriously. The best case I've seen people come up with is that one high school bathroom assault, and that involved a couple who had met up for consensual trysts several times in the same bathroom. To put it bluntly, no woman who is afraid of this sort of thing seriously fears that it will be someone they knowingly meet up with for sex that will assault them when they change their mind and say "no" this time.

I'm about as okay with trans women using the women's restroom, as I am with fathers using the women's restroom to change their baby's diaper when there is only a changing table in the women's bathroom. Both cases involve biological men in women's restrooms, and both have plausible ways they could be abused (men using realistic baby dolls, or men cross-dressing), but I don't think any of that kind of thinking is necessary. If women are vulnerable in restrooms, then men will use whatever attack vector society leaves open. On the marigin, I don't think anti-trans bathroom bills make women safer.

And besides, the object level question in this case is "should congresswoman Sarah McBride be allowed to use the women's restroom?", and I think it is reasonable to answer, "She should have the same right that an XY androgen-insensitve cis woman should have to use the restroom, based on the government's tracking of her as a woman." Certainly, I don't think anyone's fears that Sarah McBride would sexually assault someone in the bathroom are super justified.

This argument worked great.... right up until the point that the issue gained more prominence and people got a good look at what trans men actually look like, rather than when they're photographed or filmed from flattering angles and favorable lighting. The majority look like manlets, have a funny voice, and distinctly feminine mannerisms, they might pass as a gay man on a good day.

To your question - unironically yes, even with non-zero amount of transmen passing convincingly IRL, I think fewer women would end up uncomfortable with trans men in women's bathroom, than with trans women in women's bathrooms. Especially when everyone is aware the law only allows females to use them, and a male would be penalized for trying to slip in, if caught.

I just don't see it. We're talking about the kind of hysterical women who would answer "bear" to the infamous "Would you rather meet a man or a bear in the woods?" I think even a manlet would trigger such women. Or do you think their answers would change if the questions was changed to, "Would you rather meet a 5' 4'' man or a bear in the woods?"

I think there is also the problem that there are far more "mannish" biological women than there are either trans men or trans women. I don't pretend to have any way to independently verify it, but this is an example of a story about a butch lesbian getting negative confrontations from her use of the women's toilet. I'm not sure how policing bathrooms in this way doesn't end up harming "ugly" women and non-gender conforming women, which seems to go against the stated goal of helping women.

And besides, the object level question in this case is "should congresswoman Sarah McBride be allowed to use the women's restroom?", and I think it is reasonable to answer, "She should have the same right that an XY androgen-insensitve cis woman should have to use the restroom, based on the government's tracking of her as a woman." Certainly, I don't think anyone's fears that Sarah McBride would sexually assault someone in the bathroom are super justified.

That's not how rules or heuristics work. If a person is volunteering at an event and there's a possibility that they may have to supervise children, the person is generally required to undergo police vetting to ensure that they can be trusted to supervise children. It's irrelevant if the person truthfully says "I shouldn't need to go through the police vetting, I'm not a child molester" - an actual child molester would say the same thing. That's what the police vetting is for: to determine who is a bad actor and who isn't.

Likewise if a woman is walking home alone at night and notices a lone male person walking some distance behind her, and begins to form a suspicion that said person may be following her. I doubt very much that she would be consoled if said male person yelled out "don't worry, I'm not a rapist!" And even if the male person yelled out "don't worry, I'm a trans woman!", I don't think she should be consoled by this either - trans women commit violent crimes at the same rates as cis men, so this male person revealing how he "identifies" has provided the woman with zero additional actionable information.

And you might scoff "maybe some trans people are creepy perverts, but surely a high-ranking politician would know better". Think again.

Likewise if a woman is walking home alone at night and notices a lone male person walking some distance behind her, and begins to form a suspicion that said person may be following her. I doubt very much that she would be consoled if said male person yelled out "don't worry, I'm not a rapist!"

David Cross came up with a jingle to properly communicate this notion over a decade ago.

I doubt very much that she would be consoled if said male person yelled out "don't worry, I'm not a rapist!"

As an aside, you reminded me of a lecture I once listened to about the brilliance of Odysseus' first words to Nausicaa after washing up on the beach naked.

He's an older male addressing a young girl, and he can't say something like, "Don't worry, I won't rape you," since that will just make her more worried by bringing the possibility out in the open. So instead he says, "I beseech thee, O queen,—a goddess art thou, or art thou mortal? If thou art a goddess, one of those who hold broad heaven, to Artemis, the daughter of great Zeus, do I liken thee most nearly in comeliness and in stature and in form."

This immediately does a few things:

  • It puts him in a subservient position, as he is speaking respectfully to a superior.
  • Comparing her to a goddess is a compliment, but comparing her to Artemis, a virgin goddess with stories of punishing men who try to see her naked, puts Nausicaa more at ease without having to say that he won't rape her directly.

Clever. I wonder what the modern equivalent would be. Asking a woman if she's X, where X is an Instagram influencer famous for demonstrating self-defense techniques women can use to escape from dangerous men?

How about "I think I know your father, he is a police officer, right?"

Good one.

That just sounds like an implication you're a gangster who isn't afraid of cops and likely has a blood feud with one, to me.

think we do it for similar reasons to why we track whether people are married, whether they've adopted a child, etc. Because it gives the otherwise blind goverment a way to see what's happening with its citizens.

I don't think this answers my question. When they keep track of marriage, they're keeping track of which couples have entered a specific relationship with sweeping implications on rights to each others' property, and duties to one another. When someone adopts a child they're declaring they're assuming responsibility for them until they come of age, which grants them power to make decisions for that child until they grow up. What are they keeping track of when they designate someone a "man" or a "woman", and why is it important to not remain blind about it?

I also just don't take the bathroom argument too seriously.

Alright, then why are you arguing for letting men-documented-as-women into women's bathrooms instead of just abolishing sex segregated facilities?

Certainly, I don't think anyone's fears that Sarah McBride would sexually assault someone in the bathroom are super justified.

These kinds of laws aren't about specific people, they're broad rules.

We're talking about the kind of hysterical women who would answer "bear" to the infamous "Would you rather meet a man or a bear in the woods?"

I can only pity the fool that took that meme literally (as opposed to seriously).

I think even a manlet would trigger such women. Or do you think their answers would change if the questions was changed to, "Would you rather meet a 5' 4'' man or a bear in the woods?

I'm saying most of them could tell a difference between a trans man, and a 5'4" male, and the event where they couldn't would be less frequent than the event where they clock a trans woman.

I'm not sure how policing bathrooms in this way doesn't end up harming "ugly" women and non-gender conforming women, which seems to go against the stated goal of helping women.

Personally I'm pretty sure it's a temporary state resulting from the ambiguities that come from blurring the category of "man" and "woman" to begin with. Once it becomes clear that men entering women's bathrooms are penalized, people will be more likely to trust that whoever entered a woman's bathroom is a woman.

I also just don't take the bathroom argument too seriously. The best case I've seen people come up with is that one high school bathroom assault, and that involved a couple who had met up for consensual trysts several times in the same bathroom.

When I wrote my post criticising Freddie deBoer's stance on trans issues, I admitted that, of all the demands made by trans activists, "using our preferred bathrooms" is the one I find least objectionable, even though I understand why it makes some women uncomfortable.

Many feminists appeared in the comments of the Substack article providing sources which suggested that my agnosticism on this issue was misplaced, and in fact women are at far greater risk of sexual assault in gender-neutral bathrooms than in single-sex bathrooms:

Unisex changing rooms put women at danger of sexual assault, data reveals:

The vast majority of reported sexual assaults at public swimming pools in the UK take place in unisex changing rooms, new statistics reveal.

The data, obtained through a Freedom of Information request by the Sunday Times, suggests that unisex changing rooms are more dangerous for women and girls than single-sex facilities.

Just under 90 per cent of complaints regarding changing room sexual assaults, voyeurism and harassment are about incidents in unisex facilities.

What’s more, two thirds of all sexual attacks at leisure centres and public swimming pools take place in unisex changing rooms.

Of 134 complaints over 2017-2018, 120 reported incidents took place in gender-neutral changing rooms and just 14 were in single-sex changing areas.

Unisex facilities account for less than half the changing areas across the UK, but the number is on the rise - doing away with separate male and female changing rooms and toilets is seen as a way to cut staff costs and better cater for transgender people.

As I also pointed out in the post, it's no good saying "we're not advocating for gender-neutral bathrooms - we just want trans women to be able to use the ladies' room". There is zero practical difference between the two. After all, trans women don't owe you femininity, so if you're a female person in the ladies' room and an obviously male person walks in, you're not allowed to kick up a fuss about it even if said "trans woman" is making zero effort to pass and has fully intact male genitalia.

"How dare you say that trans women are rapists?!" trans activists will howl. No - a policy of gender-neutral or trans-inclusive bathrooms poses obvious risks for female safeguarding even if literally every trans woman in the world is just a delicate little flower who wants to use the stalls in peace. (At least some demonstrably are not.) If you're taking the stance that

  • women are permitted to use the ladies' room
  • every person who says they're a woman is a woman; no criteria must be met (medical transition, dressing in a conventionally feminine manner) to meet that standard.

an inevitable byproduct of that is that perverts will exploit trans-inclusive policies for their own nefarious ends. It is literally unavoidable under this rubric.

Hell, trans activists even acknowledge that "genderfluidity" is a thing, and one can "identify as" a man at some times and identify as a woman at other times, perhaps hopping back and forth multiple times a day. What's to stop a pre-transition male person from "identifying as" a woman just long enough to go into the ladies' and sexually assault someone, then walk out and immediately resume "identifying as" a man? (I say "what's to stop" like it's some far-out hypothetical; obviously I'm sure this has already happened somewhere.)

One thing to note is that, for at least some men identifying as women, part of the fetish appears to be that women are made uncomfortable by their presence. That is, they don't want to be accepted as women, but rather they want women to be intimidated into pretending to accept them as women. If people actually just perceived them as women without a second look, then it would lose some of the appeal. I think any man who wants to go into the women's toilets should need to disclose their porn consumption habits. If they did I am quite sure, in most cases, women wouldn't even want them on the same planet never mind in the same bathroom.

I'm not going to deny that such people exist --- there's apparently a fetish for everything --- but I've never seen evidence that this is an appreciable fraction of the population in question. Do you have any?

My preferred standard is based on legal status, not mere identification. That's what stops your "just long enough self-ID" hypothetical scenario.

That's just kicking the can down the road. No bathroom has a bouncer stationed outside checking people's IDs to ensure that their legal sex matches that of the bathroom they wish to use (and if such a policy was proposed, you and I both know that trans activists would be the ones most fervently opposed to it). Once you've established that at least some obviously male people are permitted to use the ladies' room (because they've legally transitioned), inevitably perverts will take advantage of this by trying to pass themselves off as people who've legally transitioned when they haven't.

Addendum to my "genderfluidity" hypothetical: an obviously male person walks into the ladies' room, gets some funny looks, and falsely asserts "don't worry, I've got a gender recognition certificate". The women in the bathroom aren't entirely satisfied by this, but what can they do? It's not like they can demand that he produce his gender recognition certificate on the spot. Shortly afterwards, the obviously male person sexually assaults someone/spies on someone without their knowledge etc., then walks out of the ladies' room and goes about his day.

I also just don't take the bathroom argument too seriously. The best case I've seen people come up with is that one high school bathroom assault, and that involved a couple who had met up for consensual trysts several times in the same bathroom.

Transgender woman, 18, sexually assaulted girl, 10, in Morrisons toilet

Here, now you have a better case.

Here are a few more.

Fair enough, my mental model was not that trans women are perfect little angels who never do anything wrong ever. (Though investigating one of your second link's cases at random showed that the assailant, Hannah Tubbs, hadn't transitioned until after the assault. So it's not exactly a central case of what I argue for - which is legal sex seggregation, not self-ID or biological sex.)

I'm also not convinced that the fig leaf of "(bio)sex seggregating" bathrooms makes much of a difference here. A quick Google search was able to show there are some cases of cis men sexually assaulting women in bathrooms without the need of cross dressing. The problem seems to be more a function of having a semi-private space, than anything involving society leaving specific openings. I would be against turning every bathroom into a Panopticon, even if it would make people safer, and I would be against banning fathers from using changing tables in the women's restroom if they need to. Why would I be against trans women in women's bathrooms?

I don't think it nudges women's safety much in either direction.

I'm also not convinced that the fig leaf of "(bio)sex seggregating" bathrooms makes much of a difference here. A quick Google search was able to show there are some cases of cis men sexually assaulting women in bathrooms without the need of cross dressing.

To quote myself:

While Freddie is correct that, under a policy of sex-segregated bathrooms, there is nothing stopping a male rapist from simply walking into a women’s bathroom, a trans-inclusive bathroom policy makes it dramatically easier for such people to get away with committing an opportunistic rape, as bystanders will be less likely to intervene if they see a male person entering a women’s bathroom for fear of being accused of being transphobic. The reasoning is similar to regulations in which adults are not permitted to enter public playgrounds unless they are the parent or guardian of a child: obviously a child molester can simply ignore the regulation, but the regulation is designed to make bad actors more obvious to bystanders.

If a woman is in a public bathroom and an obviously male person walks in, there is no reliable way for her to tell if that person is a harmless trans woman just minding her own business, or a rapist exploiting well-meaning inclusive policies for malicious ends. The fact that the person has a penis is not dispositive in one direction or the other (as Freddie acknowledges not all trans people may wish to medically transition); nor that they are bearded and wearing jeans and a T-shirt (because “trans women don’t owe you femininity", and a trans woman presenting as male does not in any way undermine her trans identity).

You'll never get sexual assaults in bathrooms down to zero, but as argued in my other comment, there's some evidence suggesting that they're more common in gender-neutral bathrooms compared to sex-segregated bathrooms. A common understanding that male people are not supposed to be in a particular space (and hence that any male person who violates that rule is up to no good) seems to go a long way towards preventing sexual misconduct.

Or do you think their answers would change if the questions was changed to, "Would you rather meet a 5' 4'' man or a bear in the woods?"

If the question was changed to "would you rather meet a boy [as in, non-adult male human] or a bear in the woods" the answers change, because boys are by definition not capable of being a physical -> sexual threat.

This is the reason why some women accept/welcome ex-men in their bathrooms. They, at least figuratively and sometimes very literally, cut off the part of their body that makes them capable of being a sexual threat- they're no different than a 3 year old boy who needs to use the women's room for pragmatic reasons. Historically, [male] eunuchs had the same kinds of privileges, for the exact same reasons; women have a more limited version of this for gay men.

Women who understand this are currently incentivized (through a bunch of other social mechanisms) to use this knowledge for the purpose of bullying other women who haven't yet figured this out. The cost to their safety, as you noted, does not exist.

They, at least figuratively and sometimes very literally, cut off the part of their body that makes them capable of being a sexual threat- they're no different than a 3 year old boy who needs to use the women's room for pragmatic reasons.

While it's true that males who have undergone penectomies or vaginoplasties can no longer rape women (according to the UK definition of the word, defined as forcible penetration with a penis) or forcibly impregnate them, this does not mean that said males pose no sexual threat to women. They can still grope them, spy on them, take photos of them without their consent, digitally penetrate them etc. And if they choose to physically overpower a woman, they will almost always have a very easy time doing it, unlike a 3-year-old boy.

They, at least figuratively and sometimes very literally, cut off the part of their body that makes them capable of being a sexual threat- they're no different than a 3 year old boy

Bizarre and patently false claim.

All evidence suggests trans-identified males have the same level of criminality as other males, i.e., much higher than females and much higher than 3 year old boys (the main source is a paper by Dhejne et al, though generally gender activists taboo this kind of research for showing undesirable results).

And besides, over 90% of trans-identified males opt to keep their penis and testicles. So unlike their female counterparts, trans males are almost always physically intact. They are very much capable of raping women and have done so on many occasions.

This is getting at one of my questions for the OP - what exactly is meant by "biological" and "trans"?

To me, an MtF "woman" lacks a penis and testicles. Does the calculus change if that is what "trans" means? In general, I am pretty much of the opinion that this is not an area in which the government should get involved, thougb I am grateful for an effect of previous bathroom controversies being that most restaurants and bars changed to genderless bathrooms, making it more likely that there won't be a line. However, lacking a penis seems like a reasonable standard for someone being allowed entry into the women's bathroom regardless of sex at birth.

To me, an MtF "woman" lacks a penis and testicles. Does the calculus change if that is what "trans" means?

That's been considered transphobic in the mainstream identity politics crowd for probably close to a decade now. The only thing that is indicated by someone being "trans" is that they identify as the other sex because they feel like the other sex. No change in presentation is required to be considered a transwoman or transman, so certainly no requirements for hormones or surgery either.

I understand this - what is not clear to me is if OP would accept this definition of woman being given access to ladies' restrooms. They seem to want only "buologically female", but it is not clear to me if that means "female at birth" or more like "post-op".

AIUI this is pretty much the "tucute" vs "truscum" (what is wrong with people and these juvenile names?) debate, which the "tucute" side won in the mainstream (how on earth did we get to the point that any of this is mainstream?) trans movement.

If the question was changed to "would you rather meet a boy [as in, non-adult male human] or a bear in the woods" the answers change, because boys are by definition not capable of being a physical -> sexual threat.

Depends on where you draw the man/boy line honestly. There’s lots of women who would call most teenaged boys who would not find it a physical challenge to subdue and rape them ‘boys’, and a smaller but still substantial number who would call most college aged men boys.

A boy is a male of an age such that, if a Karen saw them walking into town alone, would call the cops and report it as child abuse.

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