Tag Archives: Anne Fausto-Sterling

Neither the Courts nor Twitter should decide anyone’s Sex or Gender

The court of social opinion or social media at least is no more relevant than an employment tribunal in determining someone’s gender. It is a reasonable place, though, to decide on the application of the Equality Act (2010) which protects both against sex discrimination and gender transition.  Respecting someone has little to do with the biology of sex and presentation of gender.

The Maya Forstater case in which she lost her job (non-renewed contract) was down to her “offensive and exclusionary” language in tweets questioning government proposals to allow people to self-identify as the opposite sex.

My belief … is that sex is a biological fact, and is immutable. There are two sexes, male and female. Men and boys are male. Women and girls are female. It is impossible to change sex. These were until very recently understood as basic facts of life by almost everyone.” – Maya Forstater

Sex as “Biological…immutable” comes straight out of Trump’s US proposals to lock down sex as genitals by or at birth and only challenged by genetic evidence to the contrary. 

Judge Tayler’s ruling kicked off responses from some expected and unexpected sources.

Sex is indeed real and at first sight mostly binary. Gender is also a reality and mostly a bitch. By that I mean, it binds us, boxes us, oppresses us whether by social constructs and constraints or psychological identity.

Of course, sex/gender terminology, spaces, constructs, and  Trans/TERF* wars won’t be solved by two giants of fiction.

[*TERF=Trans Exclusionary Radical Feminist, seen as a slur-term by so-called TERFs who prefer Gender Critical Feminist or just Feminist]
 
Facts, on the other hand, will always get in the way of ideology. Just as science fiction is free from the constraints of science fact, so, too, sex and gender constructs can be made in our own or society’s image, and no two humans let alone scientists, trans activists, or gender critical feminists, will entirely agree without subtle nuanced differences. 
 
Reproductive sex (based upon binary gametes) is not the same as lived gender nor even outward sex. I have plenty of non-trans friends – some even happy being called cisgender (BTW saying you are not CIS means you are TRANS, lol!) whose outward sex may not reflect their reproductive gametes. One can be born with external female genitalia ie vaginal labia and internal male gametes ie testes. Incredibly rarely, one can also have external male genitalia and gametes and have an internal womb. These exceptions, it is claimed are disorders and dysfunctions that do not undermine sexual dimorphism – at a reproductive level (outside of laboratory help) this is true – it still takes two to tango, an egg and a sperm (after fighting off rivals and swimming faster whilst being healthy and fertile).
 
Sex, though, can be observed and assigned objectively from a series of outer characteristics though not necessarily accurately (mine took an hour or so to be sure at birth, small furry animals are equally risky to identify soon after birth!). Those outer characteristics may not match the inner when you come to try and have a family, then you may discover you are not just one of two gamete options (which could rarely be undifferentiated eg Mixed Gonadal Dysgenesis), but 22 chromosome possibilities from XX & XY (or even both in the same body) to XO, XXY to XXXXY, or that your body was insensitive or hypersensitive to or had delayed or early responses to sex hormones.

So whilst we are fixated with just two boxes there are many ways we can be sexed. Even many biologists, though not all, see sex as a spectrum.

“Biologists may have been building a more nuanced view of sex, but society has yet to catch up.” – Claire Ainsworth

 Sex isn't binary

Sex isn’t binary, Liza Brusman, Molecular Biology, MassiveSci

Gender Isn’t Binary. Sex Isn’t, Either, Alexandra Kralick, Biological Anthropologist (Sex Differences), Slate

Sex is anything but binary, Simón(e) D Sun, Neuroscience, Scientifc American

Two sexes is simplistic, Claire Ainsworth, Developmental Biologist, Nature

Why Sex Is Not Binary, Anne Fausto-Sterling, Biology and Gender, NYT

Sterling, indeed, recognises layers upon layers of sex, saying that:

“It has long been known that there is no single biological measure that unassailably places each and every human into one of two categories — male or female.” 

She lists many of the following as a series of often non-binary sex markers:

  1. Chromosome sex (XX, XY and 20 others)
  2. Foetal gonadal sex (testes or ovaries)
  3. Foetal hormonal sex (androgens and estrogens)
  4. Foetal internal reproductive sex (uterus, cervix and fallopian tubes or vas deferens, prostate and epididymis)
  5. Foetal external genital sex (vagina and clitoris or penis and scrotum)
  6. Birth genital sex assignment (1cm rule!)
  7. Birth gender socialisation (pink and blue, dolls and dumpster trucks)
  8. Brain sex (though disputed neuroscience hormones affect brain)
  9. Pubertal secondary sex development (hormones and morphology)
  10. Post-pubertal sex or gender identity
  11. Gender expression and ‘performance’ (Judith Butler)

Add to nature’s diversity, society and nurture, our gendered response to our sexed state and environment and very soon the apparent dimorphic binary breaks down. We may be born one of two sexes with some 1-in-100 having physical intersex variations but very soon in life we are one of several genders. I’m often asked how many sexes or genders there are? I usually reply: “At least two sexes and around seven billion genders”, since we all interpret our gender in a sexed world differently. 

Professor Robin Lovell-Badge, head of the laboratory of stem cell biology and developmental genetics at the Francis Crick Institute, who discovered the gene that determines sex in mammals, said: “In the UK, I think most [people] would use ‘sex’ to refer to anatomical appearance and ‘gender’ to ways of behaviour.” To a scientist, he said, anatomy could appear male, female or somewhere in between, but a man who transitioned could be said to change sex. – The Times

Sex and gender should not be policed in a purely binary way. Not all sexes and genders are visible or divisible down toilet door lines and there’s scant evidence of abuse, the opposite if anything.

What’s in a pronoun? Mere politeness and respect that need not change your understanding of science (which may be different from the next person’s). Everyone has the right to privacy, safety, and respect and that means coming up with binary, unisex and non-binary spaces where appropriate that meet everyone’s needs and put nobody at risk. Risk assessments should be done on people that perpetrate not how people pee. A high vis jacket and a mop will get you into the ladies loo without any need to put on a dress.

The whole conversation around sex and gender identity has become more toxic than the blackwater bilge in septic sewage waste. Let’s discuss the science of sex and gender – their construction, oppression and expression – but separate from how we treat human beings with respect and dignity. 

Equalities law is clear, even if we’re going to be discussing sex and gender until the end of time! 

International ‘Real’ Women’s Day, not Trans, not Intersex, and not Men

International ‘Real’ Women’s Day

On this day, each year, I usually write about current social issues worldwide that affect women disproportionately. I often quote my sheroes – Audre Lorde, Simone de Beauvoir, Malala Yousafzai, Muzoon Almellehan, Ellen DeGeneres, Michelle Obama, Lady Gaga and so many more. Alternatively, I’d be railing against Islamic State (ISIL), Boko Haram, Al Shabaab, extreme sharia or tribal law sex-based violence used to oppress. Instead, it’s the voice of BBC Woman’s Hour, Dame Jenni Murray that is still ringing in my ears. 

Jenni Murray defining Women

On Sunday, Murray decided to wade into the “are trans women real women debate?” She prefaced her article in The Sunday Times with “I’m not a transphobe but…” along with “I’m not a radical feminist” either. 

“I am not transphobic or anti-trans. Not a Terf in other words. That’s trans-exclusionary radical feminist, to use one of the often-confusing expressions that have entered the language in this age of gender revolution. I’ll admit to feminist, but radical or separatist? No…” – Jenni Murray

The article was doomed from then, as that is how so many of the “I’m not a racist but…”, or “I’m not anti-gay but…” arguments begin. I bit my lip and pressed on, trying to remain open to rational argument. On the one hand, I actually agree with her – trans women do not experience life the same as “women born women” – or rather raised as girls and sometimes, as feminism argues, oppressed as women by the so-called patriarchy – some MRAs have challenged me to look at that term again, in the 21st century West, anyway. Perhaps it is now better seen as a kyriarchy, in the UK at least with its several queens and two female prime ministers.

On the other hand, neither do any two women have the same experiences. Birth, school, puberty, bullying, sexuality are near-universal human experiences and we all experience them differently.

“if womanhood is defined as the sum of everything that has ever happened to a woman because of her gender, then logically nobody born with male organs can ever quite attain it. It’s tantamount to saying that you can only be a woman if you’ve always been treated as one.” – Gaby Hinsliff, Guardian

Not all women experience oppression equally – wealth, class, and education, come into play as much as gender. To define ‘real’ women as only those who have experienced sexism or assault is ludicrous.

“Although a person’s sex as male or female stands as a biological fact that is identical in any culture, what that specific sex means in reference to a person’s gender role as a woman or a man in society varies cross culturally according to what things are considered to be masculine or feminine.” – Wikipedia definition

It is not automatic that a trans woman experiences life with “male privilege” before feeling gender dysphoria, bullying, self-harm, suicidal ideation, and internalised oppression – that, to date, psychological therapies have failed to cure, to the point where most psych associations now regard any attempt to as unethical.

If anything, it is the language of the article that is the problem. As soon as one starts defining a “real” woman, one has to question what characteristics make up that definition?

“Gender refers to the socially constructed characteristics of women and men – such as norms, roles and relationships of and between groups of women and men. It varies from society to society and can be changed.” – WHO definition

Clearly, the answer is not someone resembling the impossibly proportioned Barbie or Sindy, but I’m not going to get into thin-waist, hourglass figure shaming – a shame cisgender girls and transfeminine teens alike will find nigh on impossible to emulate.

The debate about “real” women runs dangerously close to policing sex/gender and a form of CisAryanism as Jane Fae notes:

Not “am I a real woman?”, but “am I a pure one?” – Jane Fae

Sex and gender spectra -whether biological or psychological (still part of the body-mind/neurology entity, I’m not a Cartesian dualist) defy the possibility of a single archetype of default woman, and as soon as one does it creates the possibility of discrimination and judgement upon anyone not conforming, passing, meriting, having perfect reproductive systems, or preferring same-sex or childless relationships.

Indeed, as Jane Fae draws attention to, Jenni Murray seems to define herself as a non-TERF by pointing out her marriage to a man and raising of “two fine sons” as if that explains her moderate feminism and typical womanhood. On the other hand, Julie Bindel said in response to what does being a woman mean:

“I have no idea what it feels like to be a woman. I don’t do gender. It is harmful and a total social construct that serves to reinforce patriarchy and women’s subordination to men. I wish to eradicate gender – that is the feminist goal…” – Julie Bindel, New Statesman

Simone de Beauvoir

“trans women are not just women. They are female. This is a hang-up on the part of many feminists who are still stuck in some world where biology is destiny (oh, the irony!). Because if ‘woman’ is a social construct, and deBeauvoir was right, we become women by living as women in the world, by facing oppression based on gender. For some women, that social conditioning starts with birth, because of a vagina and a doctor’s declaration. For others, it starts at 15, or 45, or 75.” Helen Boyd, author My Husband Betty

Some have argued that Murray would have been better writing about “natal” or “natural” women. On the former, I might quote, out of context but not without relevance, Simone de Beauvoir, from The Second Sex, introduction (1949):

“One is not born a woman, but becomes one.” 

Or so many more of de Beauvoir’s thoughts:

One wonders if women still exist, if they will always exist, whether or not it is desirable that they should…”

“It would appear, then, that every female human being is not necessarily a woman; to be so considered she must share in that mysterious and threatened reality known as femininity. Is this attribute something secreted by the ovaries? Or is it a Platonic essence, a product of the philosophic imagination?”

“Thus humanity is male and man defines woman not in herself but as relative to him.” 

“She is defined and differentiated with reference to man and not he with reference to her; she is the incidental, the inessential as opposed to the essential. He is the Subject, he is the Absolute – she is the Other.”

Othering Trans Women

The irony that the argument of feminism and women’s liberation that women should not be defined as ‘other’ in relation to men, but should be equal in their own right, seems lost.

Now, however, trans women are defined as “other”, as the “third sex”, as women and LGB people were before them. Then there are those whose bodies are ‘other’ yet forcibly conformed to binary male or female. Dividing the human race into very strict boxes of men and women and who can be in them is erasing of intersex people, third gender folk from dozens of cultures and traditions around the world. 

Denying trans women membership of the cisterhood, only perpetuates what had previously been done to women by men in power of old – or not so long ago. 

Intersectional Feminism

I’ve no personal problem with being othered, or with not belonging, I’ve accepted that in life, but I shouldn’t need to and will fight my feminist sisters for their inclusion and my trans sisters to show some respect and learn some history. Both groups have very different forms of privilege, since much privilege is relative, and we need to look inside ourselves and our experiences to recognise that.

“Trans women are men”

Writing to the Daily Telegraph Letters page, Una-Jane Winfield writes that a proposed change to recognise gender identity and not just gender transition would have:

“extremely damaging consequences, especially for women at work and in public spaces, forcing them to accept non‑native women in their midst.

Dame Jenni Murray is right to draw attention to the privileged claim of ‘trans women’, who are socialised lifelong men, not women.

The change is not wanted by the 50 per cent of the human race called women, and it is an ‘equalities law”’ too far.”

To me, Winfield and Murray’s arguments are summed up in their attempting to speak for all women, without a referendum!

Biological Essentialism & Determinism

Furthermore, they define women just as men used to do, by the presence of a womb, ovaries, ability to conceive, or by the experience of puberty, menstruation, menopause – the very biological essentialism and reproductive value that women’s liberation and feminism sought to overcome. Now, some feminists are resorting to those self-same arguments to define themselves in opposition to trans women (men in their eyes).

“woman means something. It means sexual biological woman.”- Comment on Independent article

I’ll reiterate Simone de Beauvoir here because I think Winfield and Murray need to read it again themselves:

“every female human being is not necessarily a woman; to be so considered she must share in that mysterious and threatened reality known as femininity. Is this attribute something secreted by the ovaries?”

They speak unelected for all women, and stereotype all trans women as men in frocks, persisting in male criminality, wanting to forcibly invade women’s spaces etc. In their over-egged gender essentialist simplicity they ignore non-binary, assigned female at birth (AFAB) trans men, intersex people and folk like me who don’t give a fuck about labels and access to women’s spaces, unless I’m invited.

To paraphrase de Beauvoir,

“not every male human being is necessarily a man.”

I’m with Kate Bornstein, author of Gender Outlaw, who upon transitioning declared she was “no longer a man, but not entirely female.” Like her, I identify as non-binary, recognise my male past (despite a brief designation of female at birth and an endocrine puberty disorder), but don’t wholly identify with being a woman, but many trans women do.

What Is this, the 1950s?

Their binary defensiveness is a going backwards, when we should be going forwards together as so many younger inclusive feminists are. That said, some trans women need a Feminism 101 history lesson to avoid their gender presentation and attitudes being interpreted as wanting to be subjugated women in twin sets and pearls, tied to the kitchen sink, actually enjoying ironing.

“presenting womanhood as being about little more than cute outfits and chasing boys” – Meghan Murphy, Feminist Current

Young trans people are now diversifying the range of trans and non-binary gender presentations, so that old accusations of female parody and imitation are no longer true.

Some of the comments on news articles about this feel like Daily Mail readers are now reading all the other papers too. In the year that celebrates the 50th anniversary of the partial decriminalisation of homosexuality and we are back to determining which LGBTIQA+ people have rights, and it is some of the older Lesbians and Gays, as well as straight traditionalists who are opposing rights for trans and genderqueer people.

“Trans are not women. LBGT thing is a nonsense.” – Comment on Daily Telegraph article

“Gender appropriation in action.” – Comment on Independent article

“the Trojan horse of transvestite men’s “rights” to steal biological women’s rights” – Comment on Independent article

In addition, I’ve had “gay eugenics” thrown up this week, the idea that trans people are erasing gays and lesbians, the erroneous idea that easily obtainable without medical ethics puberty blockers and hormones are forced upon teenagers to prevent them discovering their sexuality! Somewhat similar to the “butch erasure” touted by some lesbian feminists such as Sheila Jeffries, Julie Bindel et al, not respecting the feminist rights of their “assigned sisters at birth” who want to express their gender identity as male psyche and body now. Some have even created the term ftMysognist to describe those leaving the lesbian fold because of transition.

No Two Women…are the same

It’s not that trans women are the same as natal women, it’s that no two women are the same either. Then there are intersex variations, for example, from 1-in-1000 to as many as 1-in-100 births can be gender indeterminate at first sight during birth, many are then conformed by non-consensual (on the part of the child) surgery to a pseudo-sex binary. There are natal ‘girls’ raised as female who turn out to have XY chromosomes as part of Androgen Insensitivity Syndrome (AIS) or 5α-Reductase deficiency (5-ARD) and whose sex and gender identity is more often identified as young adults. See Anne Fausto-Sterling’s Sexing the Body or Sex/Gender: Biology in a Social World for more on intersex prevalence and sex diversity.

“Man A: I have an XXY chromosome set with Partial Androgen Insensitivity Syndrome, so that’s two elements of intersex in one body. I have one ovary, a uterus, and a vagina (via vaginaplasty and labiaplasty) behind my scrotum, but I also have a functional penis and one testicle. I have no body hair, female skeleton, and I menstruate. In the old days, they used to call people like me a “true hermaphrodite,” but that is not the modern term. So I play the role of male, knowing that I am biologically neither male nor female.” – Cosmopolitan

This person would confuse Jenni Murray’s simple categories of man, trans woman and real woman.

Natal, natural, nature, whatever you want to call it all create ‘real’ variations in human bodies and brains, in-utero and post-utero. Just read Evolution’s Rainbow: Diversity, Gender and Sexuality in Nature and People by evolutionary biologist Joan Roughgarden.

“To acknowledge different experiences is to start to move towards more fluid – and therefore more honest and true to the real world – conceptions of gender.” – Chimamanda Ngozi Adichie 

Trans are a small minority, why bother?

The number of comments on Jenni Murray’s and response articles suggesting that trans are a minority and therefore should not be accommodated reeks of “the tyranny of the majority”.

“Trying to fully accommodate and integrate the relatively very few transgender people into a society constructed around 2 distinct sexes is I think, almost impossible.” – Comment on The Times article

“why so much hot air is being expended on such a small part of the population” – Comment on Daily Telegraph article

Actually, the number of trans, non-binary, and/or intersex people (these categories can overlap) exceeds the number of wheelchair users, yet we rightly make adjustments for them. Indeed, gender reassignment is a protected characteristic in equality law, whatever anyone’s personal beliefs and reasonable adjustment, gender recognition, and the avoidance of discrimination are legal requirements. Are we not stronger together, even if we are different?

“I am not free while any woman is unfree, even when her shackles are very different from my own.” – Audre Lorde

Debate speech not hate speech

If you want to follow some of the discussion there’s debate, and not a little hate, on facebook here and here, as well as in the comments sections of some of the articles cited above in The Times, (and this one), Telegraph, GuardianIndependent, Feminist Current and Pink News.

Again, I actually have no problem with Jenni Murray having the discussion, although many do, I’m into respectful, fair and free speech, and debate not no-platforming (unless inciting hate and violence). As a result, I will challenge her argument (essentially that ovaries and oppression make a woman) and not attack her person as some have done, deplorably. This debate about who is a woman still raises heckles on all sides, that it does, shows we are not there yet. Roll back 50 or 150 years and people were questioning race, colour and sexuality, as not equal to white western heterosexual man. Let’s thrash this out but without attacking individuals. Science and society have moved on from these out of date views but airing them still shows how retrograde they are.

Oxford University History Society 

Whether Jenni Murray is “transphobic” or not has come back to haunt her in November 2018 as an invite for her to speak at Oxford Uni HistorySoc was condemned by LGBTQ & Women’s liberation socs there leading to uproar in the Spectator, Daily Telegraph and more, and eventually for Dame Jenni’s withdrawal from speaking.