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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.
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.
(Hello! I'm new here and this is my first post, so apologies if I'm messing up any social norms here. Please feel free to call me out! :))
That seems like a pretty easy challenge. Here's my definitions:
External Gender: When people greet me, they say "ma'am" instead of "sir". There's a wealth of subtler behaviors, but the basic idea here is that people perceived as "female" get treated differently than people perceived as "male".
Internal Gender: I prefer being called "ma'am", and am happier when my external gender is "female". In a lot of magical stories, a character has their sex transformed by some magic. "Internal Gender" is when a character wants to transform back, which is fairly common. "Internal Gender" is the idea that if you body-swapped with your mom, you'd still want to be called "him" despite the uterus.
Sex: the biological reality. A messy mix of chromosomes, hormones, and anatomy.
This is self-referential. "The meaning of female gender is treating a person like a female, and a person who is of female gender is one who wants to be treated like a female."
So are you saying all subjective categories are self-referential? "Republicans are people who vote for other Republicans" and such?
To me, I'm looking out at the world and seeing "Objectively, society classifies people into two clusters, which it calls male and female."
For historical reasons, these clusters tend to correlate with biological sex, but are clearly independent of it - even cis people get misgendered. I think we can both agree that gender does exist as something independent of sex? In the classic case, gender seems to be something like "best guess as to your genitalia", but people can still guess wrong. In trans-positive spaces it's more like "my best guess which pronouns would make you comfortable", which removes the legacy connection to genitalia entirely
This all sounds perfectly sensible - until you apply it to literally any other trait based on a biological substrate, at which point the reasoning collapses and the motivated reasoning is exposed.
One of the things people most frequently say about my physical appearance is that I look much younger than I am: people from all walks of life consistently place me at about four-five years younger than I actually am (and I've gone to no especial lengths to bring about this state of affairs other than regular exercise and moisturising my face when I remember to). Does it therefore follow that I have an "age identity" which is wholly distinct from my physical age? In the classic case, "age identity" seems to be something like "my best guess as to how much time has passed since you were born", but perhaps in trans-age-positive spaces "age identity" is more like "my best guess as to which age you would feel most comfortable if people thought you were that age". Which implies that Madonna's "biological age" is 66, but her "age identity" is 21. Perhaps it would be trans-age-phobic of me to remind her of her biological age (like sending her out an automated email urging her to get checked for breast cancer, as her age puts her at high risk for that condition), rather than "affirming" her age identity at every turn.
You don't have to be Rachel Dolezal to be mistaken for someone of a different ethnic group. I've had people start talking to me in Finnish unprompted, even though I'm not Finnish, have no Finnish ancestry and have never even set foot in Finland. I have Mexican friends who get driven up the wall by people thinking they're Brazilian. Does it therefore follow that everyone has an "ethnic identity" wholly distinct from their actual ethnic background?
Sometimes you think someone's skinny, then you weigh them and it turns out they're heavier than they look. Does it therefore imply that...
Rather than having to invent this whole elaborate set of epicycles around gender as a trait wholly distinct from sex, I would propose what I feel is a more elegant solution. "Humans are constantly observing and categorising other humans. Over time, they build up expectations of what a typical member of a given exclusive category looks like (or acts like, or sounds like etc.). Because everyone's training data is different, no one's training data is perfect, and there is huge variability in what the members of a sufficiently large category will look, act or sound like - inevitably some amount of humans will miscategorise Person X as a member of category A when they are in fact a member of category B. It does not therefore follow that Person X really is a member of category A in some kind of mysterious ineffable spiritual sense which transcends mere biology. The above is true of any category with a sufficiently large number of members - for any given sex, ethnic group, sexuality, age, height, mass, disability status, annual income, profession, dietary restrictions, level of educational attainment, criminal record etc. there will always be some amount of people who get categorised into the wrong category by one or more people. This is a normal human error, and the appropriate response is a simple 'oh sorry, my bad': we are not required to invent elaborate ancillary concepts and entire academic disciplines to explain and elaborate upon this discrepancy between individual expectation and observable reality."
People routinely get surgeries to try and look younger. There's a rather huge industry around catering to people's "age identity" and trying to "pass" as a younger age than they really are. It is in fact considered rude to go around pointing out that people are older than they look.
No one is going around calling women in heels "deceptive" even if it does make them seem taller.
Given all that, why should I feel bad about taking advantage of your classification errors to get myself called "ma'am"?
I really don't get how this analogy is anti-trans. Presumably if someone has transitioned and grown breasts, we should acknowledge that reality and send them emails suggesting they get checked for breast cancer now that they're at risk? And equally, I don't think a trans guy who has had a double mastectomy is at huge risk, here.
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That is a volitional category, not a subjective category. With volitional categories you can give the appearance of circularity with statements like "Christians are those who believe in Christianity" or "Military families are families where a father/mother has enlisted in the military." This superficial circularity is resolved by defining the second term. "Christians are those who believe Jesus of Nazarath (0-33 AD) was the son of God and his teachings result in eternal life for those who follow them." "Military families are families where a father/mother receives a salary from the government to train in the use of weapons and fight in the event of war."
This cannot be done with "A female is someone who wants to be treated as a female". Even if female is understood to be volitional, the second term goes undefined.
With the exception of grammar? No. If gender is not sex, it is incumbent on gender theorists to provide a non-circular definition.
"External gender" is your term for "gender roles", which can be defined as the manners and expectations society has for the male/female biological sex. If you want to say "gender roles should be abolished", you have a coherent position. But trans advocates do not (usually) want this; they want the gender roles to remain even as they deny female/male (the real, definable concepts) as meaningful categories.
Then why do people keep expecting me to act like a woman? I didn't grow a uterus, but everyone is calling me "ma'am" and they get upset if I go topless and show off my breasts.
It seems pretty clear to me that "gender roles" aren't based on my biological sex at all, but my gender presentation.
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