The Gender Identity Issue.
Posted: Sun Jan 02, 2022 7:20 pm
I've decided to try to acquire a greater understanding of an issue which continues to grab headlines, and which is still surrounded by quite astonishingly virulent toxicity on both sides (but mostly one particular side) of the debate. Call it a new year's resolution if you like.
The issue is that of gender identity. I freely admit that it's an issue which I have consciously and consistently pushed to the margins of my political consciousness, precisely because of the associated toxicity. I'd sort of decided it was too hard, complex, difficult and/or toxic for me to spend much time engaging with it. JK Rowling has expressed her view on it in a long and very reasoned, considerate essay on her website (which I have just made myself read diligently (two years ago when it was published I read most of it but had resorted to skim-reading towards the end), for which she has suffered a remarkable, virulent (and unjustified , in my view) backlash.
As I understand it, the argument centres on proposals to reform the Gender Recognition Act of 2004. The Act decrees that trans people in the UK can apply for a Gender Recognition Certificate (GRC). To do so, they must prove they have lived in their “acquired gender” for at least two years, and provide medical evidence from a doctor to confirm they are suffering from gender dysphoria. If they are married, their spouse must give permission. A Gender Recognition Panel (which doesn’t meet them) considers their application and, if satisfied, grants a GRC which enables the trans person to change the gender recorded on their birth certificate from male to female or vice versa.
Legislation to reform the Gender Recognition Act was proposed in both England and Scotland. In England, the proposals were scrapped in September 2020 in favour of a reduction in the costs of acquiring a GRC. In Scotland, the similar proposed legislation has been stalled - apparently because of the Coronavirus pandemic. Both proposed legislative changes would scrap all of the existing criteria and make obtaining a GRC contingent simply upon individual declaration of gender.
There are (in my view, valid) concerns about simple declarations of preferred or acquired gender to obtain a GRC (not confined to JK Rowling). These focus on spaces - reserved women's spaces - changing rooms, toilets, sports, refuges, prisons, women-only candidate shortlists :
Finally, I do recommend taking some time to read Joanne Rowling's very considered and thoughtful essay on the topic. Here is what the author of the New European piece linked to above said :
I think I very much agree with that, as I agree considerably with the views that Ms Rowling expresses in her essay.
The other thing that I really struggle to understand on this issue is the level of sheer, vitriolic, hateful toxicity that it attracts. I do understand the equality/non-discriminatory aspects of the argument, and, like Rowling, I have absolute sympathy with trans people and their right to self-determination, and I believe entirely that like other groups, they need protection in law. Why is there so much hatred for people like Rowling who demur from the absolutist position ?
Again from the New European article :
https://www.jkrowling.com/opinions/j-k- ... er-issues/
Now, I'm not looking for an argument in this thread. I'm trying to understand, and to develop a personal point of view. Perhaps you lot can help by discussing the issue calmly and rationally. I'm counting on you.
The issue is that of gender identity. I freely admit that it's an issue which I have consciously and consistently pushed to the margins of my political consciousness, precisely because of the associated toxicity. I'd sort of decided it was too hard, complex, difficult and/or toxic for me to spend much time engaging with it. JK Rowling has expressed her view on it in a long and very reasoned, considerate essay on her website (which I have just made myself read diligently (two years ago when it was published I read most of it but had resorted to skim-reading towards the end), for which she has suffered a remarkable, virulent (and unjustified , in my view) backlash.
As I understand it, the argument centres on proposals to reform the Gender Recognition Act of 2004. The Act decrees that trans people in the UK can apply for a Gender Recognition Certificate (GRC). To do so, they must prove they have lived in their “acquired gender” for at least two years, and provide medical evidence from a doctor to confirm they are suffering from gender dysphoria. If they are married, their spouse must give permission. A Gender Recognition Panel (which doesn’t meet them) considers their application and, if satisfied, grants a GRC which enables the trans person to change the gender recorded on their birth certificate from male to female or vice versa.
Obtaining a GRC is the path to changing a birth certificate, but is not a pre-requisite to changing gender identity more widely. Trans people can lawfully change their names, appearance and the gender markers on their other UK identification documents (including driving licences and passports) simply by choosing to do so.
Legislation to reform the Gender Recognition Act was proposed in both England and Scotland. In England, the proposals were scrapped in September 2020 in favour of a reduction in the costs of acquiring a GRC. In Scotland, the similar proposed legislation has been stalled - apparently because of the Coronavirus pandemic. Both proposed legislative changes would scrap all of the existing criteria and make obtaining a GRC contingent simply upon individual declaration of gender.
There are (in my view, valid) concerns about simple declarations of preferred or acquired gender to obtain a GRC (not confined to JK Rowling). These focus on spaces - reserved women's spaces - changing rooms, toilets, sports, refuges, prisons, women-only candidate shortlists :
All these have been established in response to the sex-based disadvantages faced by women – whether the threat of voyeurism from creepy men, the unequal physical size and strength of the sexes, or the under-representation of women in professions and politics. The fact that an individual is unhappy with their sex does not necessarily mean that sex becomes irrelevant for all purposes.https://www.theneweuropean.co.uk/jk-ro ... ture-war/
Finally, I do recommend taking some time to read Joanne Rowling's very considered and thoughtful essay on the topic. Here is what the author of the New European piece linked to above said :
It was an intimate and considered piece of writing that should have inspired sympathy even among those who disagreed. Instead, it lit a bonfire of condemnation. By the end of 2020, all three main Harry Potter stars had either directly condemned or unambiguously distanced themselves from Rowling: none offered support to her as a victim of domestic violence.
I think I very much agree with that, as I agree considerably with the views that Ms Rowling expresses in her essay.
The other thing that I really struggle to understand on this issue is the level of sheer, vitriolic, hateful toxicity that it attracts. I do understand the equality/non-discriminatory aspects of the argument, and, like Rowling, I have absolute sympathy with trans people and their right to self-determination, and I believe entirely that like other groups, they need protection in law. Why is there so much hatred for people like Rowling who demur from the absolutist position ?
Again from the New European article :
Rowling’s beliefs are that sex is real, that male violence is a problem, that women should be able to talk about themselves in clear language, and that no woman should lose her job for expressing such opinions. No critics have convincingly explained why believing these things hurts trans people.Finally, here's the link to Joanne Rowling's piece :
https://www.jkrowling.com/opinions/j-k- ... er-issues/
Now, I'm not looking for an argument in this thread. I'm trying to understand, and to develop a personal point of view. Perhaps you lot can help by discussing the issue calmly and rationally. I'm counting on you.