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Culture War Roundup for the week of August 26, 2024

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Wake up babe, the definition of woman just dropped.

The year was 2020, trans issues have already made their way through our social consciousness, and some women were getting frustrated at the inability to congregate without trans women showing up, and - in the minds of the TERF inclined - spoil the party.

Enter Sall Grover, a bold enterprising spirit, that recognized two facts:

She quickly joined the dots, and thus the Giggle app was born. In order to register you had to upload a selfie, which would be run through a sex-recognition AI, and non-females would be automatically rejected. The AI was deliberately calibrated to minimize false negatives, wanting to spare cis-women the humiliation of appealing the process, Grover figured it's better to let a few false-positives through and deal with them manually. For a while, the whole system worked wonderfully, and the women congregated, giggling happily.

But, as we all know, there is no Giggle without a Tickle... In February 2021, Roxy Tickle uploaded a selfie to the Giggle app and the AI was so amused at the word pun, it forgot it was supposed to be an image recognition algorithm. Roxy got through! Her joy lasted for several months, until she was caught by manual review as she was applying for premium features of the app. After a short and unsuccessful appeal attempt, she decided that the only way to resolve this dispute is in court.

Roxy Tickle argued that this was an outrageous injustice, that she was being discriminated against for being trans, and that this constitutes a violation of the Sex Discrimination Act of 1984. Sall Grover argued that this is nonsense, that Giggle does not discriminate against trans people, it merely excludes people on the basis of sex. The law hasn't outlawed sex-segregated spaces over the 30 years it was in effect, Roxy Tickle was treated no different than any other male-sexed individual, and therefore no illegal discrimination has taken place. The judge had to rule if Giggle excluded a man, and was well within it's rights, or if it excluded a woman and indirectly committed discrimination against a trans person. He was therefore forced to settle that ancient question - what is a woman? Last week we finally received the verdict, and the way I understood it is "a woman is anyone who the state identifies as a woman". It turns out that sex is mutable, and that Ms. Tickle is a woman because she has a state issued document saying so. Australia's legal system seems a bit complex to my eyes, but at first glance that seems to also boil down to "a woman is anyone who identifies as a woman".

The consequences of the verdict might be more interesting than the verdict itself. After all, if an app for women cannot keep an AMAB out, how can all the other controversial spaces like sports, prisons, waxing salons, etc.? We've covered enough of these cases over the years that I think it should be clear this isn't a hypothetical, and as connoisseurs of TERF content will know, hacking "gender violence" laws has become a pretty regular occurance in countries that lean on the self-ID side of the debate. More importantly, and/or ammusingly, normie men are deciding all that male privilege just ain't worth it, or perhaps the Spaniards are just more cheeky than average. In any case, if any such self-ID laws / rulings are to be maintained, I think they'll require some major qualifications.

1:

Quillette published an article about the verdict, too:

https://quillette.com/2024/08/27/tickle-vs-giggle/

2:

The verdict didn't surprise me because I'm already working from the sad assumption that in the woke West, biological sex is no longer recognized as real by anyone in a position of power. What was once a woman is now a “uterus-haver”, a “pregnant person” or a “chest feeder”, but such people have no collective rights. Those collective rights now belong to those who merely identify as women, even if they have penises and testicles, which means that there is no longer any legal basis for having female-only spaces, online or offline.

What confuses and angers me is that the judge will not even explain that state of affairs in clear terms, instead insisting that this was a case of discrimination based on gender identity. But that's literally impossible! Giggle is an app for women, and Tickle identifies as a woman, so whatever discrimination Tickle faced cannot have been based on gender identity (and it wasn't: it was based on biological sex).

That's also clear from the paragraph here:

The same evidence did, however, support the conclusion that indirect gender identity discrimination did take place. The indirect discrimination case has succeeded because Ms Tickle was excluded from the use of the Giggle App because she did not look sufficiently female, according to the respondents.

Again, the decision was based on the fact that Tickle did not look biologically female, not that they looked insufficiently woman-identifying. In fact, Tickle looks exactly like a male who identifies as a woman. So the Giggle moderators, correctly, clocked her as a male and banned her for that reason. That is sex-based discrimination, which may or may not be illegal, but definitely not gender-identity discrimination.

So de facto the situation in Australia is as follows:

  1. You are not allowed to discriminate on the basis of biological sex.
  2. You are allowed to discriminate based on gender identity, but only if the disadvantaged party is the one that identifies as a man.

I don't agree that this should be the law, but this is what it is in practice. Then why can't the judge explicitly say so? Is he that stupid? Or is banning discrimination based on biological sex while claiming you are banning discrimination based on self-identification some elite power play that I'm too unsophisticated to understand?

3:

As for normie men increasingly identifying as female for the benefits:

More importantly, and/or ammusingly, normie men are deciding all that male privilege just ain't worth it, or perhaps the Spaniards are just more cheeky than average.

I suspect that a lot of these benefits in practice are only afforded to biological females and to males who make enough effort to signal that they are serious about their gender identity.

The normie dad who changes his legal sex in hopes of getting custody of his children will be sussed out as faking it and will not get the benefits associated with women and real transwomen.

This all reminds me of an old but good article by The Last Psychiatrist, The Nature of the Grift, where (in section IV) he explains that to get asylum because you are persecuted as a homosexual, it's not sufficient to declare yourself homosexual, you have to play the part too. Officially there is no rule on how gay you must act to be considered homosexual, and in practice many people fake such a claim, but it's still a requirement that you fake it convincingly.

The verdict didn't surprise me because I'm already working from the sad assumption that in the woke West, biological sex is no longer recognized as real by anyone in a position of power. What was once a woman is now a “uterus-haver”, a “pregnant person” or a “chest feeder”, but such people have no collective rights. Those collective rights now belong to those who merely identify as women, even if they have penises and testicles, which means that there is no longer any legal basis for having female-only spaces, online or offline.

It's easy enough to just eat the L and start having uterus-only restrooms, which is open to anyone who has ever had a uterus. Intersex women who have never had a uterus due to developmental issues can use the non-uterus restroom. Same with uterus-only sports leagues, and uterus-only settings on dating apps.

Strategies like this won't work because the goal of trans women is to be accepted in all the same spaces that real women are, and if you give up the older definitions of "real women" and retreat to new ones, the trans movement will attack the new ones too. This is not a conflict that can be solved with clever wordplay.

That doesn't work, because the right to discriminate based on sex to protect women is grandfathered into law, while discrimination based on anything else is not, so if you declare your restroom uterus-only, then you will be sued for illegal discrimination based on medical status.

And if you didn't get sued, there would be no way to adjudicate cases, because you can hardly inspect each person personally, and the government isn't going to put uterus-possession on government issued ids as they used to do with biological sex.

And even if you somehow managed to overcome those challenges, everyone who has any power in society would agree that only bigoted nazi scum worse than a trillion Hitlers could even conceive of such a vile concept as a uterus-only restroom, which clearly have no purpose but to oppress poor innocent transwomen who just want to pee, so that absolutely no government or corporate institution would create them, nor would any private person who likes having a job, friends, family, or just being able to walk the street without angry antifa gang members throwing tomato sauce over their head.

The upshot is that approximately 0% of restrooms in the Western world will be uterus-only, so they might as well not exist for all practical purposes. If there is any hope for preserving female-only spaces (in public) then it must be by re-asserting that the legal protections for women are for members of the female sex, and not anyone who identifies as a woman. There really is no other way out.

If there is any hope for preserving female-only spaces (in public) then it must be by re-asserting that the legal protections for women are for members of the female sex, and not anyone who identifies as a woman. There really is no other way out.

There should be no hope for preserving female-only spaces or legal protections. The west has adopted "equality of the sexes" as foundational and women should have to bear the cost of that as much as men do. They shouldn't get to simultaneously claim equality and special treatment as it suits them.

EDIT: Grammar.

There is a lot to be said for that. After all, feminists (both liberal and radical) have relentlessly attacked male-only spaces to the point where they have all but disappeared, so abolishing female-only spaces too seems only fair. I do have some other views though.

One is that if you abolish female-only spaces entirely, then they should be accessible by all males, not just the ones that happen to identify as women. Instead of allowing transwomen into women's bathrooms, make bathrooms unisex. Instead of allowing transwomen to compete against women in the olympics, abolish the women's division. Instead of allowing transwomen into women-only train compartments, abolish women-only train compartments. And so on. Currently we are not seeing any such principled attack on women's spaces. Instead, it's all about letting males in provided that they identify as women, which is not the same as abolishing female-only spaces, it's just redefining what “female” means.

The other view is that maybe feminists are just wrong. Maybe it's good for society to have both male-only and female-only spaces. I think a lot of boys would benefit from male-only spaces and not in ways that are detrimental to women. And obviously women benefit from female-only spaces too: when it comes to sexual harassment etc. the most common configuration involves a male perpetrator and a female victim. Rather than accept the naive liberal feminist frame that the sexes are indistinguishable, we could embrace the idea that the sexes are equal but different, and support sex-segregated spaces for both.

Radical feminists are particularly hypocritical on this topic, in that they defend female spaces, but attack male spaces. I don't see why I should accept their frame entirely, even though I agree with their view on sex as being defined biologically.

Until they figure out how to clone organs, and transgender individuals start getting new reproductive systems installed....