Tag Archives: Gender Construct

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! 

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.

 

 

UK Parliament tables Non-Gendered Identity 3-option M-F-X Passports

Third/Non-Gender passport options could be debated in the UK Parliament following a lengthy campaign by people outside the male-female gender binary who feel erased and discriminated against.

[UPDATE – Government “considering” changes to gender identity laws, passport and driving licence changes. Maria Miller, chair of the Commons Women and Equalities committee, said a person’s sex was “not relevant” on official documents, and it created an “unconscious bias” in job applications. Gender details on passports also do not assist with identification, she added. The committee will publish a report on transgender discrimination in January 2016. In an interview with The Times, Miller said gender stereotyping can be as “damaging” for men as women.]

Three gender option passports

A motion was tabled yesterday (5 June 2014) in the UK Parliament to allow non-binary M/F passport gender markers in the UK, to aid those that identify as non-gender, non-binary, agender, bigender, or intergender – or simply hate gender construct labels. The internationally allowed X marker already allows this, not as some compulsory trans or third gender marker which could be used to reduce people’s rights as citizens, but as a self-selected optional marker for those that feel they do not fit the only 2 options given in UK and most nation’s passports. Australia and New Zealand accept the non-gender specific X passport as do India, Nepal and Pakistan. Canada is debating change; Malaysia are allegedly considering removing gender from all passports. Argentina makes switching between Male & Female easy, without legal-medical requirements for trans, intersex, genderqueer, or anyone else for that matter – a move, it has been announced, that Denmark looks set to follow.

This motion is essentially a re-tabling of previous attempts, but taking advantage of a new Parliamentary session – it will need hundreds of signatures to even trigger a full debate.

“Although there is very little prospect of EDMs being debated, many attract a great deal of public interest and frequently receive media coverage … In an average session only six or seven EDMs reach over two hundred signatures. Around seventy or eighty get over one hundred signatures. The majority will attract only one or two signatures. An EDM is not likely to be debated even if it gains a large number of signatures.” Parliament.uk

The move follows LibDem sponsored Government reviews into this since 2011, and yet progress had stalled. The new early day motion has been sponsored by Julian Huppert (LibDem) and is supported by Jeremy Corbyn (Labour). Non-gendered Christie Elan-cane has long fought for non-gendered passports and had her case taken up by MPs such as David Blunkett (Lab), Liberal Democrat MPs Lynne Featherstone and Simon Hughes and Baroness Sarah Ludford MEP.

Some of the last 3 years’ history on this has been blogged about here.

One might think that just two options M/F on passports prejudices just trans, intersex and genderqueer people but if part of a family then gay, lesbian and trans are also affected as the designated parents on child passports. Some countries, including the US have thus adopted gender-neutral parenting option on children’s passports, not mother/father but parent 1/parent 2.

The words “mother” and “father” were being removed from American passport applications and replaced with gender neutral terminology, the US State Department said in 2011. The UK and Australia were said to be following suit.

Legal documents that reflect a person’s gender – or non-gender identity are a basic human right. Denying them, restricts, travel, identification, and citizen rights such as voting or access to welfare benefits.

“The denial of existence is the worst act of discrimination by the gendered majority against the non-genderedChristie Elan-Cane

Elan-Cane prefers ‘per’ in place of him or her and the honorific title Pr, short for Person, neither Mr nor Ms. Shouldn’t we all be entitled to be seen as persons first, and not primarily gendered categories?

Facebook now has some 50+ gender options, why do we need any on official documentation? The military does not use gender as a means of identification, just name and rank. Height, eyes, and finger prints should be sufficient on biometric passports. Gender, race and identifying marks are invasive, insufficient and inappropriate. Nationality, for the sake of legal travel rights and repatriation. But I cannot see how gender matters.

[An early version of this article first appeared here.]

Update on “X” Gender not specified UK Passports

During the current April-May 2015 General Election campaign, several parties, initially just the Greens and LibDems, but now both Ed Miliband (Labour) and David Cameron (Conservative) have pledged to re-examine X-Gender passports:

“The Conservative leader also said he would consider following Australia and New Zealand in introducing ‘Gender X’ passports for people who do not identify as male or female – after Ed Miliband also pledged to review the issue in his PinkNews Q&A