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I forget whether I already posted this, but it occurred to me recently that it may be more accurate to say that J.K. Rowling, and perhaps TERFs in general, are sexist than to say that they're transphobic. Rowling supports the right of people to dress however they like and receive whatever medical intervention they desire. She uses preferred pronouns in polite company. But she wants spaces to exist that discriminate based on biological sex, without taking someone's gender identity or expression into account. The term for sex-based discrimination is sexism.
While in this community we generally understand the term "gender" exclusively to refer to gender identity and the term "sex" exclusively to refer to anatomical sex, normies generally use the two terms interchangeably, and will not be impressed or persuaded by this rhetorical gesture. Rowling's "crime" is that she thinks that there are instances in which a person's anatomical sex is more important than their gender identity, which was sufficient to get her tarred as transphobic.
Right. I'm not making a moral argument here, but I am making a taxonomical one. Even if one thinks that locker rooms and domestic abuse shelters should discriminate on the basis of gender and not on the basis of sex, the two are obviously different. If normies don't distinguish between the two, then either they're all bisexual or have strong cognitive dissonance.
Or just think that trans women are (weird) men in dresses, as your 95 IQ redneck generally believes.
The logic of this position isn't founded on anything unstable.
It's not hard to build trans acceptance on an equally stable foundation though. It's not a popular move for TRAs, but I've always felt the "socially/legally adopted sex" model of transness is the way with the least problems, since it really doesn't commit one to any particular metaphysical view of transness, which can then be left as a matter of individual conscience. In a liberal democracy, that seems like a totally satisfactory way to deal with trans people.
It allows for "man" and "woman" to refer centrally to mature gametic males and females, and peripherally to those adopting the "socio-legal sex" of the same, the same way that "parent" refers centrally to biological parents, and peripherally to step-parents and adoptive parents.
Obviously there are differences between "adoptive sex" and "adoptive parenthood." First, the legal fiction of "adoptive parenthood" is justified by the good the parent does for the child and the benefit this provides society as a whole, while the legal fiction of "adoptive sex" would probably be best justified by a harm reduction model for the minority of dysphoric trans people (although I think a transhumanist or ultra-tolerant liberal perspective could also work in a pinch - I just doubt that that would be sufficiently popular with enough people to serve as a proper basis.)
The first-person psychology of the two is very different as well. An adoptive parent probably doesn't consider themselves a parent until after the legal process, whereas a trans person usually considers themselves to already be their identified sex before the law has recognized it.
But I don't think this model would be in any way "unstable" and it doesn't ask the 95 IQ redneck to believe any metaphysical propositions to strain credulity. It doesn't even commit us to maximal trans inclusion - we could have a legal fiction of adopted sex, and still distinguish between adoptive women and natal women where we consider it necessary for fairness or safety.
I appreciate the formulation but I think it has problems. The entirety of the reason it seems less controversial or imposing is because you aren't actually answering the policy questions that cause the debate to go red hot. It's essentially just responding 'no' to the "are trans women women?" question, so the super straight model but on all dimensions. On the other end it doesn't really buy the redneck anything at all either, it's just weird men in dresses that call themselves something different, maybe with some state enforced normalization. It only manages to be consistent by not actually engaging in all the places where other models bite bullets.
And from the perspective of your average Bubba or Jimbob or Boudreaux, biting bullets is why mental models exist in the first place. If it doesn't give us answers to the questions anyone actually cares about(is that an ugly chick who can use the woman's locker room while my teenaged daughter is in there, or is it a weirdo dude in a dress and a heck of a lot of makeup who should be prevented from entering?), it doesn't do its job.
I'm not sure I agree that any amount of biting bullets is necessary for the "socially/legally adopted sex" model to function. All that's required is clearly spelled out legal/social policy about where adopted sex matters, and where it does not.
The state could decide important things that need to be decided like what locker room an adoptive woman uses, how anti-discrimination laws will be interpreted re:adoptive sex, or which sports teams they will play on at the high school level in public schools, and then everything else could be left to private organizations to sort out. So for independent sporting bodies for adult athletics, they could all decide on a sport-by-sport or organization-by-organization basis whether it makes sense to group by adoptive sex or natal sex.
The solution lets everyone use their judgement outside of a small group of top-down decisions that remove any confusion for any involved.
I think the bathroom issue is one where, as a practical matter, enforcing a trans bathroom ban is too difficult. It would be much easier to allow people to use the bathroom or locker room of their adoptive sex, and then just make stricter rules about harassment and unacceptable behaviors in bathrooms. With sufficiently strict and well-publicized enforcement, I think it's the best compromise between privacy, safety and accommodation.
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