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Culture War Roundup for the week of January 23, 2023

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Dreher's Law defied? Transgender rapist Isla Bryson moved to men's prison

After years of haranguing feminists and critics for suggesting that things like self-ID would lead to women being potentially at risk as unsafe males entered women's spaces, the topic has burst unto the scene as a rapist in Scotland sought movement into a female prison because he "transitioned" after being caught.

The basic economic logic of "if barriers are removed from socially deleterious activities people will do them" proven once again. Yet it somehow evades certain parts of the political spectrum.

Isla Bryson was remanded to Cornton Vale women's prison in Stirling after being convicted of the rapes when she was a man called Adam Graham. She has since been moved to HMP Edinburgh.

Bryson decided to transition from a man to a woman while awaiting trial.

She was taken to a male wing of HMP Edinburgh on Thursday afternoon.

It came after First Minister Nicola Sturgeon announced that Bryson would not be allowed to serve her sentence at Cornton Vale.

This situation seems to have proven to be a boondoggle for the SNP. Sturgeon faced resistance in her own party to passing gender legislation already and the UK government even blocked it for equality concerns (leading to a -cynical imo - row on devolution as well, which I'm sure Sturgeon would prefer to be the issue).

Now this case came up and caused a bit of a stir. Sturgeon came out proactively and reassured everyone, saying that no rapists will be allowed into female prisons, making it clear where she stood & using the "risk assessment" argument to save face: every trans applicant will go through risk assessment therefore there's no problem unless they come to a wrong decision. Of course, the problem seems to be that a) these people are assessed at the female prison and b) maybe the best system is no system. All this effort won't change the fundamental reality of males vs. females so why not use the rule of thumb that works the vast majority of the time? Certainly, if the FM has to come out and reassure Scots that the right decision will be reached in each of these cases that says something about their confidence.

Of course, I've not seen even a hint of reflection on this from the very people who called it bigoted to suggest that weakening gender barriers and implementing self-ID would lead to these ludicrous situations. If anything, activists seem to be doubling down on the claim that anyone who raised the alarm about this was just being bigoted instead of letting the process play out.

Meanwhile, a second plane has struck the Towers

I'm not sure what Dreher's Law is - searching with DuckDuckGo suggests it's something to do with a Nazi prosecutor - but if defying it means trans women convicted of sex offenses will be put in male prisons, then while I would consider that a win, I wouldn't say it's completely out of the woods. Trans rights activists will almost certainly campaign for that trans woman to be put back in a female prison and may even end up reversing the decision.

I'm not sure what Dreher's Law is

The Law Of Merited Impossibility

The Law Of Merited Impossibility is an epistemological construct governing the paradoxical way overclass opinion makers frame the discourse about the clash between religious liberty and gay civil rights. It is best summed up by the phrase, “It’s a complete absurdity to believe that Christians will suffer a single thing from the expansion of gay rights, and boy, do they deserve what they’re going to get.”

There are popular formulations that make it less specific to gay marriage like "that'll never happen but, when it does, you bigots will deserve it/it'll be good".

In this case, we've seen the absolute refusal to grant any potential downsides like this specific scenario, until it happened.

I wouldn't say it's completely out of the woods

Neither would I. To be frank: even having this discussion at all seems like a sign of vast confusion, in multiple domains.

But, while I did start to write a "Dreher's Law strikes again?" post I think it's fair to note that the worst didn't happen...yet. While pointing out that it still could.

I think it's fair to note that the worst didn't happen

Not the worst, but a significant step on the slope. "What if a rapist identifies as trans and wants to be transferred to a women's prison?" was one of those steps on the slope that we weren't supposed to think about.

So where do you envision this slope leading?

On that matter, I'm not sure that this idea that people should actually be encouraged to think (non-quantitatively) about outrage-provoking edge cases of a policy would at all work in favour of the right-wing agenda. Most right-wing causes (access to guns, religious freedom, restrictions on abortion...) have edge cases that the median grilling centrist will find far more outrage-inducing (school shootings! sadistic pastors running special Jesus camps in their basement! 10 year old pregnant rape victims!) than that some rapist got transferred to women's prison. (Even if we assume that the prison environment is so lax that this basically guarantees that our protagonist will be able to rape the female inmates, they're prisoners! The median normie doesn't know any women who went to prison, can't imagine women going to prison for anything short of "microwaved her 2 year old", and probably has laughed about prison rape jokes when it was about male prisons)

I, for my part, don't find single instances of any of those situations to be particularly meaningful. In this particular case, if the prison can't be expected to prevent the rapist from assaulting other inmates, it seems to me that something is wrong with it that goes beyond admitting biologically male rapist inmates, and would only be hacked around by not doing that. Women sexually abusing other women is a thing that also happens; is the implication that that is less concerning?

Women sexually abusing other women is a thing that also happens; is the implication that that is less concerning?

The fact that cis women cannot impregnate other cis women is a major contributing factor why male-on-female rape has historically been considered a graver crime than female-on-female rape. For this specific reason, male prisoners raping female prisoners is a qualitatively different problem to female prisoners raping other female prisoners.

So where do you envision this slope leading?

If trans rapists have to be referred to as "she" by news reports, or else, even when they were still presenting as male at the time of committing rapes, then I think we're sliding downhill pretty fast.

If Isla and her ilk are really trans, then they're really women. And it's unjust and unequal treatment to make a woman serve a sentence in a men's prison. So they should be sent to female prisons. Otherwise we are not treating trans people equally, and it's TERF and it's the trans genocide and all the rest of it.

You can't say it's a mental illness. You have to accept it as normal. Look, they even have their own Pride flag! And if it's normal, then we will have women raping other women, using their feminine penis to do so, and nobody can say a word about it because you're guilty of transphobia and hate crime Trans rapists are real women too and should be housed in accordance with their gender, which means women's prisons.

Just accept the new reality, women can have dicks, men can get pregnant, and trans criminals are not representative of all trans people, even if they seem to be disproportionately sex offenders. Any questioning around what does constitute being transgender or how can we identify it is medical gatekeeping and oppression. Denial or psychological screening means driving trans people to suicide.

So where do you envision this slope leading?

A number of locations are plausible, but one of the more probable is towards treating trans women in the same way as non-trans women.

On that matter, I'm not sure that this idea that people should actually be encouraged to think (non-quantitatively) about outrage-provoking edge cases of a policy would at all work in favour of the right-wing agenda. Most right-wing causes (access to guns, religious freedom, restrictions on abortion...) have edge cases that the median grilling centrist will find far more outrage-inducing (school shootings! sadistic pastors running special Jesus camps in their basement! 10 year old pregnant rape victims!) than that some rapist got transferred to women's prison. (Even if we assume that the prison environment is so lax that this basically guarantees that our protagonist will be able to rape the female inmates, they're prisoners! The median normie doesn't know any women who went to prison, can't imagine women going to prison for anything short of "microwaved her 2 year old", and probably has laughed about prison rape jokes when it was about male prisons)

Do you think that outrage-provoking edge cases would not be used against right-wing agendas if the right-wing stopped encouraging median normies to think about outrage-provoking edge cases that could be used for right-wing agendas?

I, for my part, don't find single instances of any of those situations to be particularly meaningful. In this particular case, if the prison can't be expected to prevent the rapist from assaulting other inmates, it seems to me that something is wrong with it that goes beyond admitting biologically male rapist inmates, and would only be hacked around by not doing that.

Is your suggestion that everyone who is worried about biological male rapists in women's prisons are not concerned about rape in women's prisons?

Women sexually abusing other women is a thing that also happens; is the implication that that is less concerning?

It seems uncharitable to assume that the concern is about an asymmetry of outcome rather than an asymmetry of probability. Certainly, Mother Theresa killing and eating a woman is just as bad as Ted Bundy doing it, but that doesn't mean that we can't have asymmetries of concern. If you think you can demolish a widespread position in two clauses, perhaps you consider the possibility that you haven't appreciated some of the nuances of that position.

A number of locations are plausible, but one of the more probable is towards treating trans women in the same way as non-trans women.

I did get the impression recently that there is a push to drop the "trans" bit and just refer to them as "women".

And some are arguing that taking hormones means that trans women are indeed biologically female, so you can't make a distinction between biological sex and social gender. They are not biologically male, they are biologically female.

Some may not go that far, but they do hold that trans women are women and trans men are men, so you have to include trans women as well as cis women in the category of "woman".

Good points.

Slippery slope arguments aren't fallacious if you have good reasons to think that the slope is slippery.

some are arguing that taking hormones means that trans women are indeed biologically female

From the link: "to be a trans woman is to have been through, be going through, be intending to go through, or desire to go through a process that results in a change of a person's sex to female"

Tacitly admitting that only men can be trans women makes a poor argument that they're women. Wait a second, notice the sleight of hand in framing the premise in gender terms and the conclusion in sex terms? Very clever! But oh no, wait a second longer, that means a female can't be a trans woman.

Using the writer's own definition, either a) gender is primary and only a man can be a trans woman, or b) sex is primary and a female can never be a trans woman. Conclusion: Trans women aren't women and they aren't female. Alternatively, man and woman are empty signifiers and the pursuit to justify crossing from one category to the other renders the enterprise meaningless.

My position - the position a decade of high tempo trans rights advocacy itself has led me to - is that trans women aren't trans women either. It's a polite fiction. The uncomfortable reality is that they're transgender men with bad logic and a rhetoric built of sophistry. I've got no business telling them how to live their lives: change your name, buy some surgery, switch your wardrobe! I won't stop you. Demonstrate adequate commitment and I'll refer to you by the fitting pronouns and use practical labels out of simple pragmatism. But don't claim seriously that you are what you aren't and you aren't what you are.

[And vice versa re women/men and males/females.]

to go through a process that results in a change of a person's sex to female

Given that it is (currently) impossible to change one's sex, this definition implies that "trans women" is an empty set.

Even if we assume that the prison environment is so lax that this basically guarantees that our protagonist will be able to rape the female inmates, they're prisoners! The median normie doesn't know any women who went to prison, can't imagine women going to prison for anything short of "microwaved her 2 year old", and probably has laughed about prison rape jokes when it was about male prisons

I'm not sure it matters. Even putting aside a women are wonderful effect , I think some policies can be unpopular or eye-catching enough that it draws a serious political backlash. Which seems to have happened.

Especially when the underlying logic is also being used in other highly visible cases like women's bathrooms (which almost all women use) and schooling (which many people use) and sports (which many people don't play but gets outsized visibility)

I, for my part, don't find single instances of any of those situations to be particularly meaningful.

I do, when:

  1. The problem is totally avoidable and was in fact predicted ahead of time.

  2. It's motivated by a maladaptive ideology that will not be content to stop here.

  3. It is worse than a previously used or easily implemented alternative.

My problem with this is not that one person did it. I don't freak out at every car accident or serial killer. That's a real random, individual act that is probably not driven by policy - i.e. doesn't require large masses of people (or a small mass of dedicated elites) to buy into an ideology I find perverse and then instantiate that, even partly.

The fact that this - a rapist man - was even potentially a possibility is bad. Because going from an absurdity to a possibility for social ills is bad. Going from an absurdity to a possibility despite being clearly warned about it and the consequences being utterly predictable should make you worry about the ideological gulf between you and the lawmakers of your country.

Women sexually abusing other women is a thing that also happens; is the implication that that is less concerning?

The argument is simple:

  1. Women are less aggressive and physically powerful than men

  2. Therefore women are less likely to be in prison for violent crime. In fact: less women exist in prison period.

  3. Women are less likely to commit violent sex crimes.

  4. Women are also more likely to be the victims of said crime at the hands of men.

  5. Thus segregating women can not only reduce incidences of said male-on-female crime, but women's spaces can be more appropriately designed given their different crime patterns.

  6. Allowing men into female prisons breaks all of this. Not only are more powerful and aggressive men more likely to assault women (they assault men right now and they're harder targets), this will almost certainly lead to changes in female prisons to minimize this (e.g. more restrictive to provide more safety)

  7. Of course, as mentioned, there're far more men in prison than women so even a small transfer can have disproportionate impacts.

  8. Even worse than that: there are other practical considerations. The most obvious being the fewer men in female prisons the less the risk of pregnancies that the state will have to pay to take care of.

This situation seems like it makes women worse off for...minimal gain to say the least, while not helping the vast majority of men who do face more violence in prison. Women face increased threat from men. A few men get to transfer to women's jails while everyone else suffers. The more of them that do get to transfer, the more female jails simply resemble male jails and defeat the purpose.

I frankly see little to recommend this as a policy. If I had a metaphysical belief that TWAW then maybe I would feel differently. But I do not, and I think there's limits to how far people's self-making should go.