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Culture War Roundup for the week of October 24, 2022

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As many of you know, I am not a Rationalist. My skepticism of Rationalism emerges in a variety of ways, but none are more striking than the feeling of bizarre disconnect when observing the Rationalist tendency to focus on systems, on rules, on formal structures as though they were some durable expression of baseline reality, as though they were dispositive in and of themselves. "well, this is the rule, so this should be the outcome".

This being the Culture War thread, a lot of what we discuss here orbits around questions of Law, procedure, or organizational norms. The problem is that law is not dispositive. It is not the motive power driving our society, or even the steering wheel. In some cases it is the bumper sticker, and in others it is the exhaust. In most ways relevant to our discussions here, it simply does not matter, and if you cannot wrap your head around this, I contend that you fundamentally misunderstand the Culture War itself.

Today's example, via the National Review:

Virginia Democrat to Introduce Bill to Prosecute Parents Who Refuse to Treat Child as Opposite Sex

Virginia Democratic delegate Elizabeth Guzman is seeking to introduce legislation that would hold parents criminally liable for refusing to treat their children as a different sex from the one they were born into. The legislation, which Guzman plans to introduce in Virginia’s upcoming legislative session, would expand the definition of child abuse so that parents could be charged with a felony or misdemeanor for refusing to honor their child’s request to be treated as the opposite sex.

“If the child shares with those mandated reporters, what they are going through, we are talking about not only physical abuse or mental abuse, what the job of that mandated reporter is to inform Child Protective Services (CPS),” Guzman told 7News. “That’s how everybody gets involved. There’s also an investigation in place that is not only from a social worker but there’s also a police investigation before we make the decision that there is going to be a CPS charge.”

The move comes in response to Virginia governor Glenn Youngkin’s latest policy initiatives, which empower parents to exercise control over whether and how children transition gender in school, as well as a speech he gave at a “parents matter” rally back at the beginning of the school year. “They think parents have no right to know what your child is discussing with their teacher or counselor,” Youngkin said.

Sing it with me, all together now: The last several years are best modelled as a massive, distributed search for ways to hurt the outgroup as badly as possible without getting in too much trouble. From the Blue perspective, legally redefining Red Tribe parenting as child abuse is certainly a pretty good way to hurt the outgroup, and options for retaliation are limited and costly. The algorithm is working! And for those who might have concerns, never fear: Guzman's got you covered.

When asked by the local reporter whether she isn’t “criminalizing parents” as many Republicans argue, Guzman answered unequivocally.

“No, it’s not. It’s educating parents because the law tells you the do’s and don’ts,” Guzman answered. “So this law is telling you do not abuse your children because they are LGBTQ.” Guzman was similarly unwavering in her thoughts about whether such an approach violated free speech or religious freedom. “The Bible says to accept everyone for who they are. So that’s what I tell them when they asked me that question, and that’s what I will continue to tell people.”

...I'd love to blame Blue ideology for that last paragraph's worth of mealy-mouthed horseshit, but honestly, I think we all can recognize that Normies shall inevitably Norm. Still, not great. I didn't bother to hunt down her full statement; let's tell ourselves she actually laid out a thoughtful argument about how society requires compromises and hard choices, gestured at trans suicide rates and some impeccably replicated studies showing that confirmed gender identity leads to better outcomes, and then the mean ol' National Review edited all that out to make her sound like a [DATA EXPUNGED] ...less ...persuasive person. Maybe that's even true! Let's not check.

Many Democratic lawmakers and liberal activists have criticized Youngkin’s recently announced education policy changes. Most prominently, the new policies prohibit teachers from using personal pronouns “not on a student’s official records.” They also reverse a previous state policy “allowing students to use bathrooms that align with their preferred gender.”

Last month, students across nearly 100 schools staged walkout protests across the state to criticize Governor Youngkin’s policies and defend transgender rights.

...It bears mentioning that those student walkouts were almost certainly partisan political actions organized by public employees. Red Tribe doesn't get to do student activism in public schools, and it certainly doesn't get to use schoolchildren as political props. This is in fact a perfect example of why the actions they're protesting are needed... but I digress.

This proposed law doesn't matter. It doesn't matter even a little bit, and not just because it hasn't passed yet. It's very clearly a violation of religious freedom so it should be flatly unconstitutional, but of course the Constitution doesn't matter either. None of the surrounding legal, procedural, or policy questions matter. None of it matters. Not even a little bit. These things aren't the engine. They aren't the steering wheel. They're the bumper stickers, and they're the exhaust. They are the effect, not the cause. If this law is struck down, another will replace it. If this law passes, the core issue will not be resolved. The Constitution should prevent this, but it won't, nor would amendments help.

The cause is the Tribes, Blue and Red, and their manifestly incompatible values. Blues/Reds do not Like Reds/Blues. Contrary to arguments presented here for years, we do not share values, moral intuitions, a workable understanding of The Good. The Culture War is not about mistakes, and people are not going to come to their senses any minute now and realize all this was just a whole heap of silly goosery. The Culture War is a conflict. We cannot all get along, because we have lost the fundamental capacity to agree on what "getting along" consists of. We can't agree on what constitutes murder, rape, child abuse, spousal abuse, what constitutes crime, what constitutes Justice. These are not the sort of disagreements a society can have, long term. Something has to give, and probably a lot of somethings.

Laws, norms, procedures, all of those are well downstream of Culture, of social reality. You need everyone more or less on the same page before you can even attempt law; trying to keep law together in the face of mutual values incoherence is... well, it's real stupid, and it's never going to work even a little bit. If you can't get people to agree on central definitions of murder and child abuse, how the Sweet Satan do you expect to run a justice system, a legal system, an election system, much less adjudicate free speech?

This law isn't being proposed because it solves a problem. It's being proposed because Blues hate Reds and want to harm them. That tribal hatred, by no means unique in its character and very much reciprocated by Reds, wants to Do Something About The Bad People. If we held the population constant and completely replaced our entire political system, someone very like this woman would be proposing some action roughly analogous to this law, because that is how tribal hatred works. The hatred itself is what matters; the specific grooves and canals it is channeled through, the details of procedure and custom, norms and institutional traditions, codified policies and so on are irrelevant. This concentrated, willfully malignant essence of humanity, cannot be constrained by ink on paper or dusty tradition. It finds a way. You are not going to prevent that by asking it politely to please not.

This event is not surprising, and as some of you are no doubt aware, none of what I've written above is even close to novel. I and others were predicting shit like this as far back as early 2016. If you couldn't, and especially if you are one of the OG Blues or Moderates who scoffed or harrumphed when we predicted it, well, is this sufficient to demonstrate the point?

A brief coda, if you'll allow me. A month or two back, we had an excellent thread about drag, kids, and the slur "groomer". A lot of the blues and moderates argued that "groomer" means someone actually trying to prep a kid for sex with themselves or a specific other person, and so applying it to teachers and other authority figures was an instance of The Worst Argument in The World, and so should be frowned on.

I disagree. "Groomer", as I understand it, is a person who's making a covert attempt to directly modify a kid's sexuality in unhealthy ways. I understand that many people here disagree with this definition, but there's something you should understand in turn: when people like me use the term "groomer", we are not saying "I really don't like this person." We're saying that we consider the people so labeled, the officials supporting them, and the section of the public providing their ideology to be a direct, serious and immediate threat to our children.

Perhaps you find that irrational, inexplicable. After all, they're not breaking the law, right?

For those interesting in discussing the actual law in question, it seems to be a reintroduction of VA HB580, which was first introduced in 2020 but went nowhere. It amends VA's existing legal definition of "abused or neglected child" to include someone "whose parent or other person responsible for his care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury on the basis of the child's gender identity or sexual orientation".

mental injury

In this case send out the paddywagons to the homes of every gay or trans child. Also round up most (all?) of the parents of straight children. Everyone is a criminal if the law is that broad.

That sounds like CPS could take action if a father forbids his minor child from having sex. If the child was asexual, which is apparently an orientation, a rule against sex wouldn't be distressing.

Yes, progressives seem to believe that parents do not have the right to forbid their minor children from engaging in sexual activities.

There certainly are people who believe in not forbidding their minor children from engaging in sexual activities (which is very different from believing no parents have the right to do so), but it certainly doesn't seem to be a particularly popular opinion even among progressives. I was trying to find survey data on this question as it seems like something likely to exist, but my Google-fu is failing me.

Maybe you're confusing this with the progressive view on abstinence-only sex education that sex education should cover harm-reduction measures other than just abstinence?

So whole of puberty is a abuse and child neglection by that definition...

How do you reckon? I'm not following you here.

It's shitty and traumatic time for almost any participant. By default. And that is the easy mode.

Ah, gotcha.

I'm not seeing how you could possibly stretch that language to defining puberty as abuse. Maybe you're going for puberty falling under "allows to be created or inflicted upon such child a [...] mental injury on the basis of the child's gender identity" since children are generally unhappy about puberty and puberty sorta involves development of a person's gender identity? That doesn't really make sense, so I feel like I'm failing to steelman your claim.

Yes, it is quite useful to have everyone in violation of the law as it allows prosecutoral discretion to determine who gets jail

Happens in licensing work all the time. California reserves the right to suspend or revoke an alcohol license (which can cost hundreds of thousands of dollars in some cases) if the state determines that "continuation of a license would be contrary to public welfare or morals" (Cal. Bus. Prof. Code sec. 24200(a).) We even wrote a similar provision into our constitution, because we're like that. (Cal. Const. Art. XX, Sec. 22)