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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.

I blame the whole concept of gender. We didn't always have gender, it's a recent invention. We used to have sex and civilization ran pretty well with that alone.

I'm waiting for a non-self-referential definition of gender that doesn't just mean 'sex'.

So far, nobody has answered me.

Historically, the distinction was "gender"= social norms for manhood and womanhood, while "sex"= biological X/Y/ gamete status. A child raised in a distant lab by sexless robot aliens, with absolutely no conception of human society, might not have a "gender"; but they would still have a "sex."

That version of gender did have real uses as a rhetorical countermove against the sex-determinist appeal-to-nature fallacy, which runs: sexual dimorphism is natural, therefore (a) all sex-specific social expectations and privileges are also "natural" and can never be changed because duh, biology doesn't change; and (b) a society's sex-specific stereotypes are "natural" and nature is good, so women should try to perform their society's conventional stereotypes of womanhood (and men: manhood), and those who less closely match those stereotypes are unnatural and bad.

Basically, trying to circumvent the fallacies in "But you have to dress your XX baby in pink because pink is naturally for girls!"/ "Sorry Jill, I can't offer you the same salary as Bob because he supports a family, that's just the nature of things."

Unfortunately, I think this usage ran afoul of the trans folks' desire to deliberately re-conflate the natural and the social in order to argue that their social performance of gender stereotypes was, indeed, "natural," therefore biological, unchangeable and good. So whether there's a definition distinct from "sex" on that side of the aisle, I couldn't say.

Historically, the distinction was "gender"= social norms for manhood and womanhood, while "sex"= biological X/Y/ gamete status. A child raised in a distant lab by sexless robot aliens, with absolutely no conception of human society, might not have a "gender"; but they would still have a "sex."

If blank slateism is true, yes.

That's kind of the problem. The ideological fortress is of use to larger groups than just the trans activist segment that captured it so now people don't have a way to disentangle themselves from ridiculousness like Tickle without losing their motte entirely. And they haven't found it because

That version of gender did have real uses as a rhetorical countermove against the sex-determinist appeal-to-nature fallacy

If they were only attacking the fallacious version of that argument then trans activists would have a thinner wedge to work with. You can accept that it's ludicrous to assume static or totalizing gender roles without accepting that gender has nothing to do with sex (which is where we are) or the sort of doctrinaire blank slateist/anti-sex-based role position that came to dominate.

Simply having the sex-vs-gender distinction implies nothing about the relationship between the two, just that they're different things worth analyzing separately, like genotype vs phenotype or wealth vs. income.

I also think doctrinaire blank-slateism as you describe it is a bit of a strawman. Most of the instances I'm aware of sound more like (entirely reasonable) calls for for agnosticism or at least extreme skepticism about the precise extent to which biology determines culture (since everyone opining has serious skin in the game and we're certainly not at the point of making controlled experiments that could falsify our guesses). Similarly, there's an extremely good case for a presumption of blank-slatism as the best working approach to prevent grave injustice on an individual level.

Moreover, liberal modernity certainly works much better with fully interchangeable workers/citizens; and runaway gender-performance competition (like the kind the US saw in the 50s, or arguably is seeing today) is a costly Moloch-style trap that is hard to escape without externally-enforced change. So at a societal level I can fully understand advocating for periodic centrally-enforced sex-stereotype detoxes or elimination diets, just to reset to minimal levels.

I also think doctrinaire blank-slateism as you describe it is a bit of a strawman.

Strawman or the bailey?

If that view is a strawman then what is 'all sex-specific social expectations and privileges are also "natural" and can never be changed because duh, biology doesn't change'. How many American conservatives explicitly state this belief?

Most of the instances I'm aware of sound more like (entirely reasonable) calls for for agnosticism or at least extreme skepticism about the precise extent to which biology determines culture (since everyone opining has serious skin in the game and we're certainly not at the point of making controlled experiments that could falsify our guesses).

If it was mere agnosticism or even skepticism people like James Damore wouldn't be anathematized for trying to provide empirical evidence that challenged the blank slateist ideology.

Yes, everyone knows the caveats to the statement "men and women are the same". But it's hardly my fault that we continually allow some people to turn the ratchet in one direction until we're now arguing about men in women's sports. If there was any example even blank slateists should laugh off...it used to be this. But, seemingly, what one generation knows but considers too obvious or impolite to say somehow stops being common knowledge and you have to fight about it.

"Everyone knows" is true until it's not. The slope is slippery. I don't consider it a weakness of my argument so much as the point itself.

Moreover, liberal modernity certainly works much better with fully interchangeable workers/citizens

As @ArjinFerman asks: in what sense? It certainly has certain Darwinian implications. The liberal societies that have adopted this viewpoint are facing the basic problem of being unable to reproduce themselves - which probably won't be helped by telling men and women they can swap sex and dope themselves to make it stick. The flight may feel smoother but the plane hasn't landed yet.

My other retort is that this view is simply just false, and it only appears not-false insofar as people employ a bunch of hotfixes and participate in the very sort of doctrinaire "see no evil" blank slateism you're writing off as strawmen.

There are plenty of places where it's clear people are not interchangeable widgets and we solve it by various forms of redistribution that are intended to push them to look and act more alike (enforcing equal parental leave in European countries) and the deployment of a vast bureaucracy to root out sexual "bias" or "discrimination" across both employment and education and the burning of a witch every so often that points out this truth.

As a child of this period, it's hard to escape the view that this is much preferable to the alternative (certainly it's in my interests when we come to the racial version of it) but it's hard to argue it doesn't impose all sorts of costs.

So at a societal level I can fully understand advocating for periodic centrally-enforced sex-stereotype detoxes or elimination diets, just to reset to minimal levels.

Even if I accepted this as some worthy goal, I don't see how what's happening is some sort of stereotype of rationalist ChiCom planning with ten year plans to tap and reduce standard sex stereotyping (you'd think, if people were interchangeable widgets such totalitarianism would be unneeded).

Some of the tools used are products of the center but I don't see any retrenchment. Just various groups of people seizing Title IX or this or that handle of a ratchet and taking us further and further.

There's no, as far as I can see, cultural movement in the center that goes "maybe we don't need female Marines so leave standards as-is" or "maybe get male Secret Service agents, cause we're all fucked if the bullet skips past someone's 5'6 head into their principal's chest". Nope, some moral entrepreneur will find some new thing to be the first to diversify, and then we go from mere detox to imposing things like gender identity on schools.