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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:
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:
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:
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.
Click the other link (about hacking the gender violence laws), it's working so far, or at least is giving them enough trouble that they have to go along with it for now. Also:
I think the key phrase here is “so far”. I think long-term, two things will happen.
One is that direct legal benefits based on self-declared gender-identity will be gradually abolished. I live in a country where the age of retirement used to be lower for women than for men (which was always dubious considering the higher life expectancy of women, but whatever). In recent years, two things have happened: the law was changed to allow people to declare their own sex, and the age of retirement for women was raised to the level of men, removing the obvious direct benefit of changing your legal sex for financial benefit. This makes a lot of sense: if you allow people to choose their legal sex they are just going to pick the most beneficial one, so you might as well make the benefits equal.
I know other countries are behind the curve. They stupidly believed the lie that nobody would change their sex just for practical reasons. They will find out soon enough that human opportunism knows no bounds, and they'll eventually abolish sex-based privileges too. (The alternative, abolishing unconditional gender self-identification, is no longer politically viable in the west.)
The second thing that will happen is that gender identification will be adjudicated by the public. We have already seen that with race: Shaun King gets to claim to be black, but Rachel Dolezal is vilified for the same thing. Buffy Sainte-Marie gets to claim to be Native American, but Elizabeth Warren is ridiculed for it. All of this is decided on the whim of the public.
We've seen this also with the Olympics: Imane Khelif gets to claim to be a woman because Russians claim she is male, and we currently hate Russians, so if they say A we will say B. It doesn't follow that an obvious male like Muhammed Ali (if he were still alive) could just hop into the ring and knock out some women; he needs to earn that right by having a sob story of being raised as a poor African girl who had to collect garbage to pay for school, and if someone hateable like Donald Trump says it's not fair to allow Muhammed Ali to beat up women, that would help his case a lot. Then Muhammed Ali gets to beat up women. But he needs to put in the work. Notably: he doesn't have to actually look or act female. The idea that females look or act in any way different from male is bigoted sexism. Instead, Ali has to demonstrate conviction that he believes he's female despite not looking or acting like it in any way whatsoever.
So that brings us back to the father who changes his legal sex to be able to see his kids. Is the court going to take pity on him? Again, it depends. Can he spin a convincing yarn about how as a kid he kept untying his nappies which proves conclusively he always had a preference for wearing skirts from a young age and is therefore female at heart, and that his marriage failed only because as a lesbian unfortunately born in a male body he was resented by his heterosexual wife, the evil TERF shrew, who poisoned the children's minds by reading them Harry Potter at bedtime, and now, to add insult to injury, wants to take
hisher kids away from theirfathermother? If so, the court will take pity on him and grant him custody. But again, he needs to sell the bit to them. He cannot expect to get female privilege just because he filled out a government form online which anyone can do.The emerging problem with this is the inevitable backlash. The Culture style gender equality can't happen, because if too many men take up the offer to become women because they are treated better it will be declared not fair and do over.
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