Tag Archives: Gender

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! 

Allies & Mutual Respect #WithTheT on Transgender Day of Visibility (TDOV)

I’ve written about the Transgender Day of Visibility (#TDOV) – meant to be a positive and the more negative memorialised Transgender Day of Remembrance (#TDOR) most years. Since 2014’s “transgender tipping point” and 2015’s year of transgender visibility, we now seem to be getting too much visibility and attention and not necessarily of a good kind. For with the visibility has come the vitriolic verbal violence that says we should go back into the closet and certainly not share one with cisgender people that match our gender identity. By that I mean trans women should not be seen in the same spaces or private areas (toilets, changing rooms, gyms, pools etc) as “real” “biological” women. Of course, the flipside is rarely addressed, i.e., whether trans men should be allowed in male gyms or loos and which instead silently suggests they should know their place and continue to use women’s facilities with their beards, biceps and deep voices. 

I’m not going into the ‘debates’ – I do that enough already with so-called ‘TERFs’ in person, privately, and online. I do, however, try to listen to concerns and allay them when overwhelmingly they are misplaced. That is not to say that the fears don’t feel real or come from personal but perhaps projected experience. The problem of men’s violence against women and girls (VAWG) should not be erased in the fight for trans equality and respect. Equally, men’s VAWG should not be projected onto all or any trans people as some kind of 1980s homosexual moral panic 2.0.

Mutual Respect

Rather, I want to talk about allies and mutual respect. Firstly, the latter. For many years I co-ran with some University feminist academics and local LGBT thinkers a Gender and Sexuality discussion group. There was never any trans exclusion but what did come up, very occasionally, was the idea that some trans people still had traces of male privilege and/or needed to go on a Feminism 101 induction course., and that we hadn’t experienced female oppression. It was never denied that we hadn’t experienced our own oppression and bullying for not conforming to gender construct norms. So our battle against gender oppression overlapped but was not the same. Being able to separate the personal from the analytical enabled me to discuss this without ever getting offended, though the first time I was called privileged it did hurt as it never felt that way, and I regard most privilege as relative, indeed being cisgendered is to have a presumed privilege of never having doubted one’s gender or suffered from gender dysphoria and its mental health associations.

Passing Privilege is something that many trans people long for but is not exclusively a trans issue. At recent gender critical discussions, I was somewhat amused to discover that trans people were accessing gender-aligned toilets with ease but some cisgender women were being questioned by other women for using toilets that didn’t seem to match their non-femme presentations. Just going to show that can’t always spot a trans person at 100 paces! I’ve never been questioned in a toilet except the men’s!

As to mutual respect, though, I’ve always felt that being accepted as female (actually I identify as non-binary but we don’t have our own changing rooms yet!) does not mean asserting that as a right but rather a privilege. The Equality Act (2010) and Gender Recognition Act (2004) may say that we should be treated equally and with respect but respect is also earned and the privilege of sharing same-sex spaces as ‘re-gendered’ individuals should be treated with gratefulness and grace not some sense of entitlement. If society follows the law then it does so not by waving GRCs or EA rules in people’s faces but by a growing sense of not just tolerance and acceptance but welcoming inclusion. An inclusion that, to me at least, comes from respecting the people whose space you are entering and sharing. Yes, we can exercise our rights but some rights are also won by mutual respect, not by a muscular assertion of them. I’ve only ever gone into women’s spaces that I felt welcome in, irrespective of what the law says. Most times I was invited, other times I enter cautiously and tread gently to see how I would be received.

#WithTheT

It is both encouraging and sad how many #WithTheT hashtags are doing the rounds. It is depressing how necessary it has become after the lesbian radical feminist #GetTheLOut stunt at Pride in London this year. It was followed by #LwithTheT, #BwithTheT and most recently #GwithTheT and #PrideWithTheT. I’ve even seen and appreciated #MPwiththeT and PeerwithTheT proving that Parliament has taken a few minutes off from Brexit!

At recent gender and trans discussions and events, I have actually found the issue was less that men or trans were vehemently asserting their views but instead two different groups of feminists were arguing over whether it was sisters or cisters, whether biology should be destiny or diversity, and over what form inclusion and intersectionality should take.

Now, more than ever, is the time not for Trans Visibility but for Allies Visibility and for that I thank them because it is indeed encouraging how many there are. They are the many, the majority, social attitudes have changed. Whether they are ‘cishet’ supporters or the #LwithTheT, we need to be allies not enemies, our rights were won by standing together be they the black trans women and queens standing with – or indeed starting, the early gay riots and Prides, or the LGBT movement standing with the miners or on other shared political platforms.

The ‘TERF’ kickback, the no LGBT education in faith schools, the occasional cases of trans violence upon cis (and more frequent vice versa cases) – these are all thankfully minority pockets of non-acceptance or abuse. We do live in better times and we should celebrate progress and the far more intersectional and diverse society we live in and how most of us get on and respect each other. I’m hoping the so-called ‘War upon Women/Trans’ (delete as appropriate depending which side you are on) is a passing hiccough in the march for LGBTQ acceptance and inclusion and treating each other as humans not labels or threats. History is littered with exclusion but the future is surely about inclusion.

 

International Women’s Day, Positively Human

In the current febrile atmosphere surround transgender women in single-sex spaces and indeed both trans and intersex trait women in sport, today – International Women’s Day is a good day to celebrate all women. Indeed, one of my preferred yet also subtle ways of being inclusive has been the addition of a plus sign at the end of many Women’s events, groups and societies. Women+ is such a (pun-intended) positive way of demonstrating inclusivity and intersectionality without erasing the word woman.

On a side note, etymologically woman is not a modification of male man (since ‘man’ meant ‘human’), neither is female of male. Both the modern word man and woman derive from separate roots. In Old English, wīfmann meant “female human” not female man. So the movement to respell woman as womban, womon, wimmin, womyn (Trans exclusive) or womxn (Trans & WOC inclusive) is to some extent misguided, linguistically at least to language pedants!

I like International Women’s Day because the only adjective added is international – inclusive of all women the world over. It is refreshingly broad in an age of exclusionary defining language such as biological woman, cisgender woman, natal woman, real woman, trans woman or woman defined by vagina, womb, low testosterone, motherhood, violence, abuse or oppression.

“…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?” – Simone de Beauvoir, ‘The Second Sex’introduction (1949)

Not every woman has the same experience and I’m not talking trans here, but the individual diversity of female lived experience. Some women have privilege, some at 21 are billionaires (Kylie Jenner). Some as Ivanka Trump, daughter of POTUS, are out of touch and have said people don’t need welfare and would be happy to make their own way in the world.

If biology – wombs, vaginas etc, is the root of women’s oppression why should their definition be rooted in oppression? Why not define by the positive factors of community, sisterhood, inclusion, lifting each other up, social enterprise, leaving no one behind, intersectionality and inclusion.

My response to the following greeting on #IWD on my Facebook wall was this:

Thank you. I feel honoured to be called a woman by women, whether I’m inspirational or not, in the current climate. It’s not an aspect of my identity I’ve used to gain entry to women’s spaces instead I’ve been consistently invited, welcomed, respected and included – and for that, I thank every other woman, most of whom are inspirational to me.

I define as a biological natal real human first, not cis or trans, intersex, male or female, man or woman, non-binary or otherwise.

I want to be known for my humanity, though. I have to admit I see more of that expressed in and by women, but not exclusively so. 

Women are not angels, nor devils wearing Prada, they are human. Capable of greatness and also of harm and hurt, like anyone else. 

Being a superhero-loving film buff, I found it particularly appropriate to go and see Captain Marvel today, a film in which the world is saved by a woman – without the help of a man, she even talks to other women – not about men, thereby passing the Bechdel test. Without an actual plot spoiler I’ll quote one short dialogue from the film:

“We’ll be back for the weapon”
“The Tesseract?”
“No, the WOMAN”

Take that how you like, I see the positive in it, woman and women’s power for positivity in this world.

I’ll end with a tweet I saw this morning that shouts out to me about the behaviour of some women (“some” RadFems/GC Feminists, “some” Trans etc). It says to me that you don’t raise yourself up by bringing other women down.

Gender, LGBTQ, BME, Disability – MPs Diversity in General Election 2017

Representation in UK Parliament

Just how representative of the UK population as a whole were prospective parliamentary candidates and elected MPs in terms of gender, sexuality, disability, religion and colour/race/ethnicity? 97 new MPs joined the house, and Ken Clarke MP was re-elected as its oldest member and Father of the House. It is well known that, hitherto, the UK had the most LGB ‘out’ Parliament in the world, but not the most gender balanced, how has that changed after Theresa May‘s snap general election?

Gender | LGBT+ | BAME | Disability | Religion | Education | Summary

Gender: Female MPs compared to Male MPs

2017 sees 208 female Members of Parliament, up from 191 in 2015 (196 after by-elections). There were many seats where both the main candidates standing were female. 29% of candidates were women, 32% of those elected were – both records for the UK but not the world.

We were 46th in the world tables, we are now 39th. Guess who is first? Rwanda with 61% women, second is Bolivia with 53%. All others are less than 50%. Sweden (#6), Finland (#9), and Norway (#12=) are the top European nations, all Scandinavian. The first Western European nation is Spain at 14th and Belgium at 19th. Germany is 22nd but France 63rd! At this rate, 2062 would see gender balance in the UK Parliament. 

Labour fielded 40% women, the Green Party 35% (statistically, of course, 100% of their MPs are female!), UKIP had 13%. Of those elected, there is wide variation among the political parties. Labour have 45% (119) and their leader in Scotland but never England (except as caretaker). Meanwhile, there are just 21% (67) among Conservative MPs despite a history of two Prime Ministers and their leader in Scotland. 

Interesting that the DUP, the Conservatives in Scotland, and the Tories in England and Wales are all led by right-wing women, one of whom is anti-gay, another is gay, and another shifted to same-sex equality (through persuasion by a female LibDem MP) after a prior voting and campaigning record against it. Being a woman, it seems, is little impediment to political power in the UK. Indeed, add in Plaid Cymru, SNP, and for two weeks, even UKIP, only Labour (England and Wales) and LibDems haven’t been led by a woman.

Being female is no guarantee that one will hold pro-equality, pro-LGBT views. We now have a triumvirate of female-led parties forming a “confidence and supply” alliance to keep the Tories in power that may be in breach of the Good Friday Agreement.

LGBTIQ Sexuality & Gender Identity

With 45 openly LGB MPs (19 Tory, 19 Labour, 7 SNP) that’s also a record and 6 up from 2015 – at 6.9% that’s close to the supposed 6% openly LGB numbers in the population (much higher among young people, of course). None among the 12 LibDems, though their female MPs balance at 4 out of 12 is somewhat restored.

Seven Trans and two Non-Binary candidates stood (just 4 in 2015, so, more than doubling) but none were elected, several have stood in council elections before. Eddie Izzard continues to hint that he may stand as an MP.

UK LGB MPs are the highest proportion anywhere in the world. We have the most rainbow Parliament – quite an affront to the homophobic DUP with whom 19 LGB Tory MPs may now have to do electoral business with.

Since 4.5% of the people standing for election (147/3304) were openly LGBTQ, it means that LGB candidates are up to 1.5x more likely to win. Tories and Labour had 7% LGBT candidates, SNP 17% and 20% of their elected MPs, despite reduced numbers. Surprisingly, only 2% of Greens (same as UKIP!) and 4% of LibDems were. White gay men outweigh any other LGBTQ demographic 5x and are the most likely to be elected. Curiously almost zero LGBT candidates stood in Greater East Anglia! There’s an opening for me yet 😉

Black, Asian and Minority Ethnic MPs

Of the 147 LGBTQ candidates, just one was BME, in 2015 that was two – both shamefully low, though we don’t know the number of non-out candidates. However, 51 BME MPs were elected on 8 June – an increase of 10. At 7.8% this is just over half of the 14% general population representation.

Britain also elected its first MP of Palestinian heritage as Layla Moran for the LibDems “overturned a Conservative majority of almost 10,000 votes to win the Oxford West and Abingdon. Moran won the closely contested election by only 816, gaining 26,252 votes.”

Disability Representation

Just four openly physically disabled MPs were elected, 0.6% of Parliament, compared with 16% of the UK. Mental health is so stigmatised, one wonders if it were possible for someone to be ‘out’ with a diagnosed long term condition and an MP, other than depression and anxiety that affect 1-in-4 of us, and undoubtedly affect MPs similarly. It would be great to see a bipolar MP, to show it is possible to manage a bipolar life.

Religion

The new Parliament sees the UK’s first female Sikh MP, Preet Gill and its first turbaned male Sikh, Tanmanjeet Dhesi. Both are Labour MPs. In the past we’ve had 5 Sikh MPs in the last 15 years but never wearing a turban in the House of Commons. 

In the wake of the Manchester concert bombing, it is perhaps significant that the city elected its first Muslim MP, Afzal Khan – who was also ten years ago their youngest and first British Pakistani and Muslim, Mayor of Manchester.

Education

It shouldn’t matter, but it is interesting nonetheless with accusations that the Tories were run by the Eton and Bullingdon Club set, and even many who stood as Labour leader being Oxbridge educated.

The Sutton Trust believes that 51% of MPs were educated in comprehensive schools, and just 29% at public schools (ie privately educated). It is still disproportionately biased to private education, therefore. 

Summary

In conclusion, our LGB representation continues to be the highest in the world, across the three largest parties – but not elsewhere, and close to the assumed proportion of the general population. Several Trans, Non-Binary and similar, stood but at 9 out of 3300, they are about 10x underrepresented in standing, and to date unelectable; are they being stood as no-risk candidates in unelectable areas, that’s an analysis I’ve not done yet. On gender, we are getting there slowly, but ranking 39th in the world is a poor result, albeit an improved one. Realistically with parenting issues, 45% of Parliament would be a good showing for women, rather than the 32% we have. BME and disability remain woefully underrepresented. How a Tory deal with the DUP, who are anti-diversity on just about every count, can be squared with Parliament and the electorate’s ever-progressive diversity, remains to be seen.

Inspirational Prince Quotes and Song Lyrics, RIP 1958-2016

Prince and the Revolution

Genderblend Love Symbol for the artist formerly known as Prince
Genderblend Love Symbol of the artist formerly known as Prince

The enigma that was Prince Rogers Nelson, whose African-American family hailed from Lousiana originally burst onto the pop scene as a 17-year-old teenager, in the late 1970s. Aged just 20, in 1979, he performed his first gig with his band, who became, ‘The Revolution‘. His death, this week, leaves behind dozens of songs, lyrics, statements, and beliefs, that not everyone understood.

His own path navigated 3 engagements, 2 marriages and divorces, and the death of his only child. In 2001, he became a Jehovah Witness and said he was turning to monogamy after prior romantic links to Kim Basinger, Madonna, Sheila E., Carmen Electra, Anna Fantastic, Sherilyn Fenn, Susanna Hoffs of the Bangles, Susan Moonsie of Vanity 6, and Vanity, herself, another singer who underwent a Christian conversion and also died this year.

Prince, the Genderbending Rule-breaker

“A strong spirit transcends rules”, Prince said in a 1999 interview.

Steven W Thrasher, writing in the Guardian, writes of Prince’s genderbending and gender-busting allure:

Prince broke all the rules about what black American men should be. The musical genius captivated both men and women with his high heels, tight butt and playful sexuality – and he refused to be anyone’s slave…

Prince - strong spirit transcendes rules

…letting go of all those rules he seemed to have dispensed with? That purple clothing, those high heels and ruffled shirts: was he proudly feminine, or so secure in his masculinity he didn’t mind others questioning it? That small frame and that tight, small butt that seemed to leave him “shaking that ass, shaking that ass” for men and women alike?

Prince was a paradox in that he expanded the concept of what it meant to be a man while also deconstructing the entire idea of gender.

It was, in retrospect, the first time I experienced someone refusing to live under the oppressive binary regime of gender, or to submit to the dominant power’s rules.”

In 1982, Prince said that “What’s missing from pop music is danger – there’s no excitement and mystery”. Well, he certainly provided that mystery, much as David Bowie did.

I wanna be your lover
Wanna be your mother and your sister too

– “I Wanna Be Your Lover” (1979)

Mick Jagger tweeted that Prince was “authentic in every way“.

“Prince brazenly blended rock, R&B, funk, pop and jazz like few artists before or since. He pushed the envelope on sexuality and androgyny in music, dared to take on the corporate music industry…” – Star Tribune

Freedom and Fascination

Prince in white frilled blouse shirt - freedom is sexy quoteFrom a rare interview in 1996 with, among others, NME, on the release of his ‘Emancipation’ triple album comes these quotes from Prince on freedom, life, experience and people:

“I find freedom sexy. I find freedom so sexy I can’t even explain it to you. You wake up every day and feel like you can do anything.”

“Everyone has their own experience. That’s why we are here, to go through our experience, to learn, to go down those paths and eventually you may have gone down so many paths and learned so much that you don’t have to come back again.”

“I’m no different to anyone. Yes, I have fame and wealth and talent, but I certainly don’t consider myself any better than anyone who has no fame, wealth or talent. People fascinate me. They’re amazing! Life fascinates me! And I’m no more fascinated by my own life than by anyone else’s.”

Prince, Mystery or Madness?

“America still believes Prince to be mildly insane…’Why does everyone think I’m mad?’ he once asked his British press person. ‘Because,’ the PR replied, ‘you do weird things and you don’t explain them.’ Prince does do weird things, but he also performs live with a stage presence and a charisma that’s unrivalled in American entertainment.” – Guardian (2006)

Prince - Everyone has their own experience

His refusal to bow to the corporate line of either the music industry or journalists meant that he came across as ‘odd’, but his response was that he didn’t care:

“I don’t really care so much what people say about me because it usually is a reflection of who they are.”

“Despite everything, no one can dictate who you are to other people.”

Being yourself and not worrying about what others thought was one of the ways he inspired others to break out.

“Cool means being able to hang with yourself. All you have to ask yourself is ‘Is there anybody I’m afraid of? Is there anybody who if I walked into a room and saw, I’d get nervous?’ If not, then you’re cool.” – Rolling Stone Magazine

Prince, Song Lyrics

Stand up everybody/This is your life
Let me take you to another world, let me take you tonight
You don’t need no money, you don’t need no clothes
The second coming, anything goes
Sexuality is all you’ll ever need
Sexuality, let your body be free…
I’m talking about a revolution we gotta organize
We don’t need no segregation, we don’t need no race
New age revelation, I think we got a case…
No child is bad from the beginning, they only imitate their atmosphere…
Stand up, organize
We need a new breed, leaders, stand up, organize

– “Sexuality” (1981)

Whenever I feel like givin’ up
Whenever my sunshine turns to rain
Whenever my hopes and dreams
Are aimed in the wrong direction
She’s always there
Tellin’ me how much she cares
She’s always in my hair

– “She’s Always in My Hair” (1985)

Simone de Beauvoir on Woman, The Second Sex, Female, Femininity & The Other

Simone de Beauvoir, Sex-Positive Feminist, d.1986

Simone de Beauvoir, d.1986
Simone de Beauvoir, d.1986

It’s a generation since the death of author, feminist, and existentialist, Simone de Beauvoir on 14 April 1986. A lover of Sartre – in both senses of the word, she was a sexually liberated bisexual whose disregard for sexual convention – including age of consent laws, caused her to lose her right to teach in France. Her 1949 defining work on the oppression of women, Le Deuxième Sexe – The Second Sex, is widely considered a groundbreaking treatise on sex and gender for 20th-century feminism.

As to her sexual liberation, her “erotic liberty“, and open relationship with Jean-Paul Sartre, she saw any sexual categorisation as restrictive:

“In itself, homosexuality is as limiting as heterosexuality: the ideal should be to be capable of loving a woman or a man; either, a human being, without feeling fear, restraint, or obligation.” – Simone de Beauvoir

Simone de Beauvoir Quotes

I recently quoted, knowingly totally out of context, this from de Beauvoir:

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

I was quite promptly, and perhaps rightly, accused of ‘quote mining’. Contextomy or the unjustified use of an uprooted, and in this case anachronous, quote, to prove a point it was never intended to address, is a fair criticism.

My use of the quote was because it resonated with the idea that people can be born female, raised a girl, but become a woman. A woman is as much experience, as nature. I’m not jumping in and suggesting, for example, that post-operative trans women are thus women, the same as those who were born with a uterus and raised as girls. Indeed, is anyone any less of a woman after uterine cancer (affecting 8,500 women in the UK a year) and removal of the womb via hysterectomy? Similarly, women can have various difficulties in reproduction due to infertility, or any number of intersex medical differences that may cause an XX or indeed other chromosomal combination such as XXY etc to present a body that defies the defined binary female stereotype. Women should not be defined by their ability to procreate and bear children – that much I am sure de Beauvoir would agree with.

My question is, though, whether de Beauvoir would have condemned or supported the rights of some to pursue a gender trajectory that more matches their inner feelings and psyche than their binary-born bodies. In other words, transgender, non-binary and other forms of gender fluidity or transition.

Simone de Beauvoir on Woman, Femininity, the Other, and maybe a Third Sex

Simone de Beauvoir - The Second Sex, 1949
Simone de Beauvoir “The Second Sex” (1949)

So to add insult to injury, to compound my contextomy crime, here are some further Beauvoirisms that might shed light on what might have been her attitude to “The Third Sex”. A phrase which I use, advisedly, for the main purpose of echoing her “Second Sex”, rather than for the purpose of defining all trans and/or gender non-conforming people as a “Third Sex” even though that is a way which some, especially in Asian and Indian cultures, do define.

Does ‘Woman’ even exist?

Beauvoir existentially questioned whether woman would always exist, suggesting that ‘she’ is an ephemeral concept ,driven by culture and construct as much as conception:

“Are there women, really? Most assuredly the theory of the eternal feminine still has its adherents who will whisper in your ear: ‘Even in Russia women still are women’; and other erudite persons – sometimes the very same – say with a sigh: ‘Woman is losing her way, woman is lost.’ One wonders if women still exist, if they will always exist, whether or not it is desirable that they should…” – The Second Sex, introduction (1949)

One can be female but not a woman

As to femininity, she saw it as something esoteric, and that female ≠ woman ≠ femininity:

“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?” – The Second Sex, introduction (1949)

If female equals the “female of the species” reproductively, and feminine a cultural construct if not oppression, then woman need not be feminine and feminism a path to throwing off that oppression. But does ‘woman’ need to be female? If one can be female but not a woman, can one be woman but not a female?

What is woman?

If much previous philosophical, and biblical-theological enquiry, stemmed around “What is man?” and the nature of man, then de Beauvoir helpfully examines, what is woman:

If her functioning as a female is not enough to define woman, if we decline also to explain her through ‘the eternal feminine’, and if nevertheless we admit, provisionally, that women do exist, then we must face the question “what is a woman”?

Yet would it not be more helpful to discuss what it means to be human, or are we still stuck seeing woman as something less than a man, and hence neither equal nor fully human since, as in the Bible, Adam stands for man and humankind as the first point of reference?

“Thus humanity is male and man defines woman not in herself but as relative to him” – The Second Sex, introduction (1949)

On BBC Woman’s Hour today, British Army Captain Rosie Hamilton was interviewed about how female recruits are trained, but it was then made all about how many of them made the ‘male’ standard.

Woman as the ‘Other’

Beauvoir rebelled against the patriarchal concept that man is human and woman is defined only in relation to being man’s so-called opposite pole, that she is ‘othered’ in reference to him. Not that we have achieved gender parity yet, but I wonder how she would see trans, non-binary, intersex people now, as perhaps the new (however ancient a group of people they are) ‘other’?

“No subject will readily volunteer to become the object, the inessential; it is not the Other who, in defining himself as the Other, establishes the One. The Other is posed as such by the One in defining himself as the One.” – The Second Sex, introduction (1949)

Trans, Non-Binary and Intersex people are ‘othered’ by the default biologically and socially essentialist binary. In the same way, de Beauvoir saw woman as othered by man. Thus, gender non-conforming people, whether assigned male or female at birth, should have some solidarity with the feminist struggle to assert the equality of women with men, and their common core identity as human beings absolutely, not relatively. Sadly, that is not always the case and some folk do not see a common struggle between feminism and gender identity. As de Beauvoir said:

“Enough ink has been spilled in quarrelling over feminism” – The Second Sex, introduction (1949)

Some radical feminists, such as Julie Bindel, Germaine Greer, Sheila Jeffries and others, are well known for exclusionary attitudes to trans people. Indeed, de Beauvoir others intersex people, formerly termed ‘hermaphrodite’, in her seeking to find an independent voice on ‘what is woman?’:

“What we need is an angel – neither man nor woman – but where shall we find one? Still, the angel would be poorly qualified to speak, for an angel is ignorant of all the basic facts involved in the problem. With a hermaphrodite we should be no better off, for here the situation is most peculiar; the hermaphrodite is not really the combination of a whole man and a whole woman, but consists of parts of each and thus is neither.” – The Second Sex, introduction (1949)

In a 1976 interview, when asked about excluding men from some aspects of the feminist struggle and female gatherings, she opined that sometimes it was necessary. So she may have argued against the full and unfettered access of some transwomen (e.g., pre-operative) to women-only safe spaces. She did also say, however:

“The battle of the sexes is not implicit in the anatomy of man and woman.” – The Second Sex, conclusion (1949)

Similarly, she spoke of some lesbian women, in particular, being male-exclusionary:

“There are other women who have become lesbian out of a sort of political commitment: that is, they feel that it is a political act to be lesbian, the equivalent somewhat within the sex struggle of the black power advocates within the racial struggle. And, true, these women tend to be more dogmatic about the exclusion of men from their struggle.” interview (1976)

Anyone, who is oppressed has the right to gather in safe spaces – whether other oppressed minorities should have rights of access to the safe spaces of other groups who have been ‘othered’ is another matter. That siad, shared oppression is sometimes more important than shared hormones.

“Woman is determined not by her hormones or by mysterious instincts, but by the manner in which her body and her relation to the world are modified through the action of others than herself.” – The Second Sex, conclusion (1949)

It was Audre Lorde that said, whilst “any woman is not free”, then “no woman is”. Being the one oppressed is sadly part of a common humanity, and a common responsibility:

“Each of us is responsible – to every human being.” – Simone de Beauvoir

In some matters, if not most – except the most basic biological differences, “men and women” and anyone that is defined or identified outside that binary need to” unequivocally affirm their brotherhood”, as de Beauvoir concluded in The Second Sex.

So, could every Human be a Woman?

“I wish that every human life might be pure transparent freedom.”

Beauvoir speaks of every human being, every human life, less of the categorisation that in a class-distinctive way oppresses all of us, even the men. For, in defining men and not women, as not soft or empathic, or similar stereotypes, we trap them in conventional masculinity, we oppress gay men, drag queens and transvestites who may still identify as male.

“…man, like woman, is flesh, therefore passive, the plaything of his hormones and of the species, the restless prey of his desires.” – The Second Sex, conclusion (1949)

We no longer accept feminism as the sole regard of women. True women’s liberation also liberates men from roles and rules of sex and gender.

“…the woman of today is [not] a creation of nature; it must be repeated once more that in human society nothing is natural and that woman, like much else, is a product elaborated by civilisation.” – The Second Sex, conclusion (1949)

If a feminist need not be a woman, and a female need not be a ‘woman’, and the ‘feminine’ just as possessable by males, then, perhaps too, a ‘woman’ need not be female, at least not assigned one at birth. In other words, is the very term ‘woman’ as much a social construct as gender itself, and the so-called masculine and feminine ideals?

“No single educator could fashion a female human being today who would be the exact homologue of the male human being; if she is brought up like a boy, the young girl feels she is an oddity and thereby she is given a new kind of sex specification.” – The Second Sex, conclusion (1949)

Only in an androgynous (but not uniform) utopia, where all human beings were raised without class or gender specificity, could true equality perhaps be found.

 

 

Gendered Uniform dress policy scrapped at top School to aid Trans pupils

Brighton College adopts trans-friendly Uniform policy

Brighton College is one of Britain’s top-ten schools, which puts student “welfare and happiness” as a number-one priority. Ranked as the leading co-educational school in England by The Sunday Times and described by The Week as “Britain’s most forward thinking school” it has lived up to this accolade by adopting a gender-neutral uniform policy. The educational establishment is:

“reacting to a changing society which recognises that some children have gender dysphoria and do not wish to lose their emotional gender identities at school.”

Trans Education & Tolerance Needed

Increased education of trans and gender variant issues needs to follow, especially in younger years where up to half of all schools are still ignorant of issues. Calls for the PSHE curriculum to teach about transgender and non-binary awareness are regularly sounded and it may be that after the recent evidence-based trans enquiry the Government is finally listening.

A conservative estimate of transgender prevalence would suggest that around 10 pupils or more at the 900-student school might identify as trans and potentially even more as non-binary. The number ‘out’ within the school would depend upon the age of ‘coming out’ and the safety to do so at school. Up to 48% of trans teens attempt to take their own lives, and around 80% consider suicide. Around 80 primary school pupils a year are taking gender transition further and seeking the help of NHS services such as the Tavistock and Portman Gender Clinic.

“People say that schools should be tolerant places but I think that we are more than that. We encourage everyone and anyone to be who they are or who they want to be. I am really proud that I have been educated in a school where there is no concept of the norm, of conformity and of the expected way to be. Everyone has supported this move and I think that there is a real sense of unity, from the headmaster to the youngest 3rd former, about this idea. I also know that students who are gender fluid or for any reason, decide to change the uniform that they wear, will be accepted, supported and encouraged by the whole school.” – Headmaster Richard Cairns

Abolishing Gender Distinctions

Whilst its headmaster would love to see “the notion of boys’ and girl’ schools abolished altogether” having a uniform policy that covers the needs and requirements of any pupil including transgender and gender-fluid is a major step forward in equality and diversity.

Pupils can now opt for a skirt and jacket or trouser and blazer combo, which is not explicitly tied to gender. At least one pupil has taken the college up on the offer and other families have expressed interest in the school’s new policy.

“It ties in with my strong personal belief that youngsters should be respected for who they are. If some boys and girls are happier identifying with a different gender from that in which they were born, then my job is to make sure that we accommodate that. My only interest as headmaster is their welfare and happiness.” – Headmaster Richard Cairns

Co-educational Advantage?

Whilst Head Master, Richard Cairns, was named “England’s Headmaster of the Year” by Tatler magazine in September 2012, he has recently come under fire for suggesting that single-sex education, particularly girls’ schools, puts them at a disadvantage and is “unrealistic”. He argues that co-educational environments benefit boys and girls providing a gentler, more tolerant, atmosphere. If tolerating a more flexible uniform policy increases the freedom of trans and genderqueer pupils to be themselves, then it is to everyone’s benefit. Indeed, for trans people being in a single-sex school is an additional layer of hell they have to endure, as social transition is nigh on impossible.

 

Sexist soft-touch patronisingly Pink Ladyball released for Women’s Football

Patronisingly Pink Ladyball for Women’s Football

Unbelievably, to encourage women in sport a pink sparkly soft-touch football is being marketed in a “pretty pattern that is designed especially for a woman’s grip”. Sigh! Women are more likely to be put off football by the sexism and homophobia in sport, unequal pay and media coverage, rather than the colour and texture of the ball!

Unless this is a major satirical spoof, it ticks every possible patronising pitch possible: “pretty” check, “pink” check, “sparkly” check, “soft” check, “easy” check, “glamorous” check!

Ladyball pink football kiss

Serious Proposition or Irish Joke?

It’s being made in Ireland, and it’s tempting to think that it is an Irish April Fool’s joke were it not January and endorsed by a real sportsman – Ger Brennan, an All-Ireland winning Gaelic Football player. Surely, it has to be a farcical fake designed to challenge rather than collude with sexism in sport?

In fact, their Twitter feed is full of jokes, disbelief, and amazingly, apparent appreciation. Lots of “ball” jokes and since one of the founders is female, a lot of poking fun at female stereotypes, or are they deadly serious?

Their modern media, PR and advertising, seem to be everywhere in Ireland and yet their tagline soundbites are out of the pre-feminist dark ages:

“Don’t break a nail, break boundaries with #Ladyball” “Our ladies sure are pretty in pink! #Ladyball” “Ladies, the wait is finally over (&we don’t mean the one for the ring!) Introducing #Ladyball!” “Our pink #Ladyball has silver accents to help you sparkle on the pitch!”

 

Ladyball Official Launch Spec

Sexy or sexist female footballer with lady ball
From the Ladyball website – an adapted shutterstock image rather than a real photoshoot, suggestive of a spoof?

From the Ladyball website comes this:

Ladyball is the concept led by a group of aspiring entrepreneurs who have made it their personal goal in life to encourage girls to play more team sports, and to bring a feminine touch to the all too masculine world of sports! The idea for Ladyball came from personal experience when one of the creators tried various ball sports as a weight loss measure and found the regular (or as we like to call them “man-sized”) balls heavy, cumbersome and difficult to control. It was then (as Oprah would say) she had an “aha moment”; what if there was a ball designed just for women, a soft, trendy ball that could enhance natural feminine abilities and make it easier for girls to play? After a lot of market research we found that there really wasn’t anything like that available, and in the majority of cases women just had to make do with balls meant for men. In order to fill this gap in the market and with the hopes of making team sports more accessible to women, the idea for Ladyball was born! Since that day we have spent countless hours researching and designing our creation. We want to revolutionize the way ladies play sports.

These women are kitted out in Ladyball’s branding but inappropriate footwear:

Reaction on Twitter

Ladies want a “lady-ball” so they don’t break a nail, suggests a retweet by the makers:

Yet other tweets still believe it to be a spoof or social experiment, one journalist received a press release and was stumped not to find a punchline at the end of what they assumed was a joke:

Pink Balls

It’s not the first time pink balls have been introduced. Last November saw a premium game played with a pink ball and which led a male sports commentator to say:

“The pink ball is the prettiest, clearest projectile we have known. Its iridescence allowed superb pictures on television” – ESPN

Kookaburra Pink Cricket Ball
Kookaburra Turf Pink Ball

This was cricket, however, and male cricket at that! It was first introduced by Kookaburra in 2006 for a Cancer charity event but is now being used in some day-night matches for visibility. Mark Nicholas watching the Test at Australia’s Adelaide Oval went on to wax lyrical about the colourful aesthetics of the game:

“colours are an almost subconscious attraction – the way in which white clothing, for example, has such clarity against the green field and how a clear blue sky wraps itself so brightly around the canvas that the game creates.”

In cricket, at least, despite divided opinions, it is regarded as an innovation here to stay, but nothing to do with gender stereotypes.

Satire, PR Stunt or Sexist Stereotype?

It just, could be, that their advertising ‘genius’ is a girlie girl who loves sparkly pink. Just because pink is a female stereotype, doesn’t mean girls can’t be seen in pink, but to my mind this sets sports equality back years in perception, at least. The truth, if this is even true, will be whether it increases participation and gives the boot to received wisdom about women’s football. Not wanting to spoil the spoof or burst the ball of fun that this possibly serious-point making set-up appears to be, fact-checking flagged-up alarm bells and other mixed metaphors. Just trying to investigate their quoted ” patented Eazi-Play technology” drew a blank. Scottish football agrees although sees it as a hoax that “Highlights Discrimination in Sport” and “sexism in football. So, I call fake rather than foul, in this instance. Indeed, in the last few hours, Munster Hockey seem to have confessed to creating the challenge to sexist stereotypes, some assume an announcement about women’s sport is imminent and others are now doubting the spoof creator’s claims as just trying to get in on the act! It’s either a marketing marvel, comedy gold, or an unevolved sexist disaster. It just could be, the best advert for hockey yet:

The Munster Branch has this morning confessed to the creation of the Ladyball. We never expected it to get so much…

Posted by Munster Hockey on Friday, 15 January 2016

“we would like to apologise for nearly breaking the internet. However, we have been successful in making a very valid point. Men’s and women’s sport should be equal – same rules, same equipment and same goals. Hockey is one of the very few sports where men and women are on a par with each other in terms of coverage and recognition. So if anyone out there is looking to take up a sport that treats everyone as equal maybe hockey is the sport for you.”

Whether Munster Hockey were in on it or not, the @theladyball_com Twitter account has now also confessed to the ruse promoting women’s gaelic football (LGFA) along with Lidl sponsorship, “a lighting rod for the discussion of attitudes to women in sports and an amplifier for voices of support”.

Sex & Gender in Prison, Time to Think outside the Binary for Trans Prisoners

Trans Prisoners and where to place them?

With the furore over trans prisoners such as Tara Hudson, a trans woman, being sent to a male prison and her eventual transfer to a female one, another – Vicky Thompson, who took her own life because she was sent to an overcrowded high-suicide risk men’s prison, and another Joanne Latham, two weeks later, it is time to re-address questions of sex/gender policing and segregation in prison. Hudson was sent to prison for violence against a man but presented and identified as female, Latham for two attempted murders and had clear psychiatric issues, as many, especially in women’s prisons do. I did diversity work in HMPs for 5-6 years and was regularly asked what to do with trans prisoners and whether what they were already doing was okay. One HMP had two trans women on the women’s wing, one pre-op one post-op. So they can be flexible. And the 20-30 in UK HMPs is a massive underestimate. I know of dozens and statistically there are probably hundreds.

The Norfolk Gender & Sexuality (GAS) Discussion Group met to discuss this very topic Tuesday night – Prison, Gender, Trans, Violence, and Women’s Spacesand from which I’ve borrowed and supplied corresponding research and material. (see also the Facebook event discussion). The group meets monthly in Noriwch to discuss questions of sex, gender, and sexuality and intersecting issues.
Jump to: Introduction | Sex & Gender in Prison | Trans Prisoners in: USA | Israel | Italy | UK | Case Studies: Joanne Latham | Vicky Thompson | Tara Hudson | Comment: Paris Lees | Prison Reform

Prison, Sex and Gender

Prison is an area of mandatory sex/gender segregation based upon the presumption of two sexes and a majority heterosexual population. Separation based upon sex is presumed to aid management, deny sexual privilege, improve safety and risk of sexual and physical violence. All on the basis that men are more likely to harm, harass, or worse, women more than other men. If that is based on size and strength, or merely sex, we should be housing people according to height, weight, and sexuality as well! Where is the protection for gay, lesbian and bisexual, inmates? Trans prisoners, as some intersex prisoners would also, present a binary dilemma.

Inmate violence in US prisons is actually more common between women than between men, up to three times higher for sexual victimisation. What are the facts and myths of gender-based violence and does prison distort them? For instance men are more likely to attempt suicide outside of prison but inside it is women that are more at risk where a higher proportion have mental health issues and concerns.

Where is a safe place to send trans prisoners? In the US they are 50% likely to be raped in prison. Italy has a dedicated trans jail. HMP estimates around 20-30 trans people are in UK prisons but that is likely an underestimate as I’m aware of 10-15 in my local counties.

It is, however, the argument of Germaine Greer and others that women’s spaces need to be kept safe from “men masquerading as women”. The verbal vitriol is almost violent of her anti-trans rhetoric and is something that has led several universities to no-platform her in the name of creating safe trans-inclusive female spaces for students.

What risks are acceptable in the name of free expression (that may contain verbal violence), gender identity, legal sex definition, and how should we balance them with creating safe spaces in universities, DASV/rape crisis support centres, society at large and during incarceration – for all people?

Trans Detention Experience in the USA

“According to a study by University of California Irvine professor Valerie Jenness, more than half of all transgender inmates experience rape. Prison culture also creates an atmosphere where transgender inmates may submit to sexual assault for protection from physical violence – all under the callous indifference of prison authorities.” The Guardian

“Transgender prisoners are unfathomably at risk for sexual abuse,” Chris Daley, Deputy Executive Director at Just Detention International, an advocacy group that works to end sexual abuse in detention, told VICE News. “It’s a crisis”

“A recent US study said transgender women in male prisons are 13 times more likely to be sexually assaulted than in the general population, with 59 per cent reporting sexual assaults.”The Independent

“When we are talking about trans people, we are talking about a population who are among the most vulnerable in our prisons,” Rebecca Earlbeck, lawyer representing Sandy Brown.

“Among former state prisoners (US), the rate of inmate-on inmate sexual victimization was at least three times higher for females (13.7%) than males (4.2%)… Following their release from prison, 72% of victims of inmate-on-inmate sexual victimization indicated they felt shame or humiliation, and 56% said they felt guilt.”

Many transgender inmates are placed in “involuntary administrative segregation, which keeps them separated and safe from other inmates.”

“I was forced with no options to be in protective custody, locked down for 23 hours a day,” said Christopher D’Angelo, a transgender male who spent six months in MCSO [Arizona] custody. He likened his detention to solitary confinement. “It just added to my isolation,” D’Angelo said.

Earlier this year, the US Immigration and Customs Enforcement (ICE) was looking to relocate around 25 of the nearly 70 transgender women (there are also a half-dozen or so trans men) that it houses on a nightly basis somewhere more permanent and together, incorporating the 2015 revised trans policies that it has been trying to improve since 2009 and 2011. Barely two-thirds of US facilities are even following the 2011 guidelines.

“The transgender detainees will likely be housed in their own area of the women’s facility, but may be allowed to “mingle” with other female detainees, according to ICE officials.”

Whilst the declared trans women detainees may make up just 0.22% of the 34,000 held, they account for 20% of the sexual abuse cases in detention, and that’s the confirmed reported ones – many are not.

“[US] Immigration officials say they have a model facility in Southern California that only houses gay and bisexual men and transgender women. While some 75 transgender detainees are housed across the country every night, the California facility only houses an average of 44 gay, bisexual and transgender individuals at a time.”

ICE has now cancelled those plans leaving trans immigrants and asylum seekers at risk until improved policies are adopted, although LGBT and immigrant-rights advocates had actually opposed the move because the facility in question had a notorious reputation, disputed by GEO Group and its apparent 100% standards accreditation. Instead, the updated ‘Transgender Care Contract Modification’ policy would allow trans women detainees to be housed in facilities matching their gender identity – a policy the UK adopted in 2011/12, though judging by recent cases, not wholly adopted.

Trans Detention Facilities in Israel

A 24-year-old trans woman in Israel is being reasonably housed at the Neveh Tirtzah women’s prison but kept in isolation at night “due to safety concerns.” She was born into an ultra-Orthodox household as male and began transition as a teen but is serving a third prison term for prostitution, theft and assault. She has complained and filed a petition due to her isolation to which the Israeli Prison Service responded:

“In any case in which a prisoner whose identity is not unambiguous, detention is required in isolation and that is out of concern regarding harm to them or prisoners in the vicinity.”

Trans Detention Facilities in Italy

It is thought that Italy has a total of some 60 transgender prisoners but a specialist centre in Tuscany was planned to house about 30 people. The BBC’s Duncan Kennedy, in Rome, said that until now [2010] transgender prisoners have been located in women’s prisons where they are often segregated for their own safety. Guards were to undertake special training in how to treat transgender prisoners before the prison block was to open near Empoli, in Tuscany, in March 2010.

“It’s a great idea. It will not be a ghetto but a way to avoid the experience of isolation in ordinary prisons,” said Regina Satariano, the head of the Italian Movement for Transgender Identity.

Sadly the Pozzale facility, near Florence, was put on hold. An academic case study – ‘Section D: a Tertium Genus of Incarceration? Case-study on the Transgender Inmates of Sollicciano Prison‘, was recently published (Dec 2014) presenting “a socio-legal analysis of the condition of transgender inmates and of the policy choices (or the lack of them) concerning their incarceration in Italy, based on our case-study of Section D of the Italian Prison of Sollicciano, Florence.”

“…different scenarios share the same conceptual roots: normative binarism and the resulting impossibility of engaging in a political discussion concerning the condition of transgender inmates. Therefore, the second consideration lying at the heart of our study and defining its theoretical and practical framework consists in the necessity of interpreting the complex relations between law and gender, and prison and gender… The condition of transgender inmates globally is evidence of the failure of essentialist policies, grounded on normative binary categories, and the reduction of the social world to the male/female opposition. Employing theory, i.e. critically rethinking the categories of our social space, seems the most logical solution, but logic is not the strong suite of the law (nor of politics). As a result, while legislators envision solely male and female prisoners (and the corollary male and female issues), many correctional institutions are confronted with troublesome ‘specters’ who fail to conform to the legislator’s rational, biopolitical plan…

…Sollicciano is one of the few Italian prisons in which a
tertium genus of incarceration, not provided for by law, has been informally established. The second consideration is the high percentage of non-EU inmates housed in Section D, and the predominance, within this group, of Latin-American inmates, with a significant majority of Brazilians. The last consideration, which lies at the heart of our study and defines its theoretical and practical framework, is the necessity of interpreting the complex relationship between law and gender, and prison and gender. This ‘critical triangle’ defines the object of our study: the theoretical and practical interrelation of law, gender, and rights.”

Trans Detention Experience in the UK

Government estimates of numbers are vastly under-reported. 20-30 is just the tip of the iceberg when there are around 10 in one county alone, to my knowledge, and often 2 or more in each prison, and there are 136 prisons, 82,000 male inmates and 4,000 female inmates. Based upon typical trans statistics that would indicate a few hundred trans inmates, at least. Self-inflicted deaths in custody this year number 43, at least 2 of which were trans, 5% of the total from a population of perhaps 0.5% of inmates (less than 1 in 2000 according to the Government, 0.05%), so at least 10-100x more likely to take one’s life when imprisoned in facilities not matching their gender identity.

Trans and prison reform activists petitioned the Government for over a decade before the PSI 07/2011 Care and Management of Transsexual Prisoners guidance (March 2011) was brought in. I met with prison officers in the few years leading up to that and found that some were taking common sense into their own hands already and in one instance allowing trans women, both pre and post-op, to be moved to the female estate. That, it is not being followed fully 4 years on is a scandal that has led to several high profile deaths in custody.

In ‘Rethinking gendered prison policies: Impacts on transgender prisoners‘,
Sarah Lamble co-founder of Bent Bars Project and a lecturer at Birkbeck School of Law, says:

“Law enforcement officials have a long history of targeting, punishing and criminalising people who do not conform to gender norms. As feminist criminologists have shown, for example, women who fail to conform to femininity norms are often policed and punished more harshly in the criminal justice system than those who adhere more closely to societal gender expectations (Carlen, 1983, 1985; Heidensohn, 1996). Likewise, traditional norms around masculinity and femininity still operate as key modes of discipline, power and regulation within carceral settings (Sim, 1994; Carrabine and Longhurst, 1998; Crewe, 2006). Although the role of gender norms within the penal system is widely recognised, little attention has been paid to their specific impact on transgender people.”

Joanne Latham

A transgender prisoner was discovered dead in her cell at an all-male prison, the BBC reports. Joanne Latham, 38, serving life for three attempted murders, was found hanging by a prison officer at HMP Woodhill (category A) in Milton Keynes in the early hours of Friday 27 November. That she was a patient at the secure Rampton Hospital in 2011 and in the prison’s Close Supervision Centre (CSC) evidences her mental health issues. She had apparently only publicly identified as female this year.

Vicky Thompson

HMP Leeds where a trans prisoner died by presumed suicide
HMP Leeds

Transgender woman Vicky Thompson was found dead on Friday 13 November at “England’s most overcrowded prison” all-male HMP Leeds (category B), where the infamous violent prisoner Charles Bronson was briefly held. It currently holds 550 more people than the 669 person prison was designed for, with the contingent additional health and safety risks that brings. Thompson identified as female and requested female prison incarceration for her 12 month sentence. She said if she was sent to a male prison she would likely commit suicide. her solicitor described the 21 year old as vulnerable. So sending her to Britain’s second most suicidal jail was not clever thinking. HMP Leeds is second, to HMP Brixton, with “77 self inflicted deaths in custody since 1978. There has been at least one death every year since 1986. From 2010 the number of prison officers has fallen from 383 to 260.”

Tara Hudson

Transgender woman Tara Hudson was moved from a men’s to women’s prison after protests. She was imprisoned for assaulting a bar manager. She had been living full-time for 6 years as a woman since the age of 20. She was released this week.

Jackie Brooklyn, Tara’s mother said on her release:

“Hopefully she will heal in time, but it will have a lasting effect. There needs to be a change in the law and the way prisons deal with transgender inmates in general. We had a letter from Tara’s doctor confirming that she has lived her whole adult life as a woman, but it was completely ignored. Relying on what a passport says is a silly way to decide where people belong.”

A petition that called for Tara Hudson to serve her sentence in a women’s prison attracted 159,000 signatures. At the same time another petition by Cardiff University SU Women’s Officer, Rachael Melhuish, wanted to no-platform Germaine Greer from speaking due to her transmisogynistic views.

Greer’s view has been labelled as radical by those feminists who embrace intersectionality, but Hudson’s treatment at the hands of the Prison Service shows the opposite. If anything, Greer’s disdain is indicative of how we view transgender people as a society. By denying Hudson the right to serve her time in a female prison, our legal system is entirely aligned with statements from Greer such as “Just because you lop off your penis… it doesn’t make you a woman.” – Ella Griffiths in The Independent

Paris Lees

How The Prison Service Is Failing Trans People by Paris Lees

Prison Reform for all

Prison reform is what is needed as society moves forward to accepting people outside the binary. HMP/MoJ would have the same problems with non-binary people, some intersex people, as well as trans people at varying points in transition. Italy tried to solve the problem with a specialist trans prison unit. America is considering the same. Rather than 23hrs solitary which is cruel and inhuman, care and planning needs to go into how to house people who do not confirm for their safety. Prisoners still have human rights even if some civil rights are suspended. Trans people also need to be able to have the conversation with some feminists that also argue a pre-op trans may present a risk to a female prison population, or even if no risk, still present an issue. Indeed, the trans person may still be at risk there.

US Target aims to do away with Gender signs for Toys and more in stores

Moving Away from Gender-based Signs

The USA’s second biggest discount retailer, Targetannounced on 7 August that it was doing away with gender-based signs in store. Phasing out where inappropriate and where needs had changed is more the case, as the corporate press release says:

Target stores USA logo
Target stores logo

“…shopping preferences and needs change and, as guests have pointed out, in some departments like Toys, Home or Entertainment, suggesting products by gender is unnecessary.

We heard you, and we agree. Right now, our teams are working across the store to identify areas where we can phase out gender-based signage to help strike a better balance. For example, in the kids’ Bedding area, signs will no longer feature suggestions for boys or girls, just kids. In the Toys aisles, we’ll also remove reference to gender, including the use of pink, blue, yellow or green paper on the back walls of our shelves.”

Historic criticism of Target’s gendered products

A tweet by Abi Bechtel, 2 months ago showing a Target store with separate signage for “Building Sets” and “Girls’ Building Sets” went viral on Twitter with over 3,000 retweets to date:

In an interview at the weekend Bechtel said she hadn’t expected to be at the centre of the discussion about gender:

“I didn’t expect it to become the center of this entire discussion about gender and the way toys are marketed. But Caitlyn Jenner’s pictures had just come out. And the Supreme Court’s ruling on same-sex marriage came out soon after. So there was a whole lot of discussion about gender and gender roles anyway. The tweet just landed at the right time.”

Furthermore, last year, they were criticised for their gendered pajamas range – superheroes for boys and “I only date heroes” for girls. If this is Target’s PR response, great. Change often comes about after being caught red-handed in some way.

Response to Target’s signage changes

As if it was the end of the world as we know it, some Target customers took to posting on non-related threads on Target’s Facebook page.

 

Exercise your right and treat yourself for biking to work today. Happy #MondayMotivation!

Posted by Target on Monday, 10 August 2015

Which yielded comments such as this:

“We are done. No more Target.
To remove one of the very thing that makes us all unique . To stuff all children into the same box. What’s next we all get a number instead of a name? Part of our beautiful God given identity is in our gender.
You are losing a lot of people with your madness.”

Clearly not getting that offering children only 2 gendered boxes hardly makes them unique whereas offering no boxes or labels at all gives them infinite beautiful freedom to be creative in their expression, play, and development. Sigh!

Positive Reactions

For every shopper they lose they’ll gain one like Tonya Hardin:

“Thank you, Target. Thank you for being you, and for reminding the rest of us (especially our children) that it’s okay for them to be themselves, too. In the face of adversity, you’ve stood up for what you believe, and I respect that wholeheartedly. I rarely ever shopped at Target before, but I plan to start now. You may have lost some people, but that’s one customer gained in exchange. Thanks, again. My girls can’t wait to see the new toy section!”

Let Toys Be Toys

The UK-based #LetToysBeToys campaign will be pleased, however. Indeed, they are, as according to Let Toys Be Toys:

“Fourteen UK retailers have agreed to drop boys and girls signs since our campaign began in late 2012. It’s heartening to see that stores in the US are now following suit.

This change is part of an overall shift in retailers’ approach. Our research found a 60% drop in the use of ‘boys’ and ‘girls’ signs in UK toy stores between 2012 and 2013, and a 46% drop in the use of gender categories for toys on websites between 2012 and 2014.”

A US blog that aims to educate people on”how marketing, sexualization, gender stereotypes, and body image impact childhood” was very pleased to hear the news:

“all it will take is one of the retailing giants to be bold enough to deviate from status quo and the rest will fall like dominoes”

A parent and writer for TIME Magazine called it “just the tip of the iceberg” and suggested to parents that:

“Just because your son wants a My Little Pony bedspread does not mean he’s gay. Just because your daughter wants a bug collecting kit doesn’t mean she’s transgender. And if your children don’t identify with the gender binary, that’s OK. Gender identity has nothing to do with signage in a store. Maybe you should consider backing off and loving the wonderful being you created whether they are homosexual, or queer, or transgender, or straight. Whether they like pink or blue or yellow or polka dots.”

For Him For Her Greetings Cards
For Him For Her Greetings Cards

For Him, For Her” product labeling is binary and patronising, and in an age that has accepted transgender Big Brother winners and TV-series stars, same-sex marriage and intersex athletes, it’s time we stopped the pseudo-division between his and her, boys and girls, and let life be life, and stuff, well… be simply stuff.

Earlier this year, the UK department store Selfridges began trialling agender clothing. Moves across everything from toys to clothes are needed to both ease and keep up with the gender-free and genderqueer nature of many growing up in these more enlightened times. That said, narrow-minded binary responses such as “boys are boys and girls are girls” still abound, but are slowly being drowned out by progress.

‘He, She, Me’: an exclusive track by Devonté Hynes and Neneh Cherry, commissioned by Selfridges who launched their agender clothing range in 2015: