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Notes -
(1) Yes.
(2) Yes.
(3) Yes, with the caveat:
This works similarly to anti-discrimination law. You're allowed to refuse to date any individual, but you aren't allowed to refuse to date people because they're transgender (or, more broadly, because you do not accept their gender identity). You can express preferences based on gender identity, and you can sometimes get away with expressing preferences based on physical traits, but you can't express preferences based on transgender status or things that obviously correlate with it (like "gender assigned at birth").
(You can't even express preferences in favor of them, that's called being a "chaser".)
Ok, thanks for responding again.
My next question is this:
What's the evidence that "gender" exists in the way you have defined it? Is there any evidence other than self-reporting?
Speaking as a very pro-trans person: I don't especially believe that "gender" "exists" in some objective sense separate from subjective preferences - nor that it needs to.
I think it might help you understand my perspective if we look at another marker of identity with huge emotional significance to individuals, but very little biological basis if any: names. If an individual whose legal name is William would prefer to be known as Bill or Tex or Archimedes, it's clearly the correct thing to do to call him by his chosen name. In some technical contexts it might be necessary to bear in mind that the name on his ID papers is "William", but it would be dickish and bizarre to chime in whenever he says "Hi, my name's Tex" and go "ackshually, your name is William; either you're lying or you're delusional". If one of Tex's coworkers keeps passive-aggressively calling Tex "William" no matter how many times he explains that he doesn't like hearing that stuffy-sounding name that doesn't feel like it reflects him as a person, that coworker would clearly be engaged in a kind of low-grade psychological harassment.
Social transition, to my way of thinking, works very much like this, except in addition to a "William" who would rather be an "Alice", it's a "Mr" who would prefer to be called a "Miss", a "he" who would prefer to be called a "she". It is clearly, I feel, the nice, the civil, the moral thing to do to respect that person's wishes; and it doesn't require anyone to be confused about what William/Alice has got in his/her pants. She can be a conversational "she" and a medical "he" in the same way that the first guy was a conversational "Bill" but a legal "William". It's just that, unless you're a doctor/an IRS employee, the underlying technicalities of Tex or Alice's identities are none of your business. If a guy tells you "I'm Tex" it's none of your fucking business whether it says "Tex" or "William" on his driving license, outside a few specific technical circumstances; likewise if someone tells you "I'm a woman" then it shouldn't be any concern of yours what she looks like naked, unless you happen to be a doctor, or a prospective date. To put it another way, under normal circumstances, the only relevance that the sex of a random person has to you, whatsoever, is by what titles and pronouns it would be polite to address that person; how you should refer to them if you don't want them to feel insulted or misrepresented. So if that person dislikes the pronouns and titles that their biological sex would normally entail, sex loses relevance altogether, trumped by self-identification.
And a similar analogy can be devised for medical transition. Let's say you like to shave your chin but keep a mustache. Is there some specific factor in your brain that makes you a Person Whose Inner Identity Is A Mustache Guy? Probably not. It's besides the point. It would still be dickish of someone to say "biology says the male Homo sapiens is meant to have hair all over his face, you're not allowed to shave your chin", or indeed "it's better for society if grooming norms are cohesive, shave that mustache as well or you're a hippie freak". How you want to style your facial hair-growths is your business; if it's emotionally important to you to present the face of a Mustache Guy to society, and you don't feel like yourself with a lumberjack beard or a full shave, then it would be dictatorial of society to force you to do otherwise; it would be rude and invasive of any private third party to tell you how they think you ought to be styling your body.
"Gender identity" is just a kludgy concept lumping together a lot of disparate preferences, positive and negative; and even when two trans people share a preference, they might have come to it for completely different reasons (much as you may like to shave your beard because you think a full beard makes you look like some kind of caveman, while I like to shave my beard because I don't like how sweaty and itchy it makes my neck). But all those preferences, individually, should be valid in any free, humane society.
Well, I would like to test this claim with a thought experiment or two:
Suppose it's the late 80s. You know a guy whose legal name is "Clarence Johnson." He is tall and black and he likes to follow the Chicago Bulls around, pretend to be Michael Jordan, capitalize on the similarity in appearance to get free drinks; to pass bad checks; and to pick up girls. He has told you that he prefers to be known as "Michael Jordan." You see him in a hotel gift shop and he says "Hi Wanderer" right in front the clerk as he is making out a check. Would you say "Hi Michael, how are you doing" in response? Is that clearly the correct thing to do?
Ok, now suppose it's 2026. You know a guy who, unfortunately, has had a mental breakdown and genuinely believes that he is the King of England. He has expressed to you that at some point, he would like to travel to London to "take out the imposter" who currently is residing in Buckingham Palace. His legal name is Charles Johnson but he has told you he wants to be known as "King Charles" or "Your Royal Highness." Would you call him by his chosen name? If so, is that clearly the correct thing to do?
Well, there was, of course, an implicit "all else being equal" in the sentence you quoted. In your thought experiments as stated, all else is not equal; but that doesn't impinge upon my point, which was that insisting on calling Tex "William" isn't necessarily the right thing just because it is, in a technical sense, "the truth". There can be other, context-specific reasons why it might be good to identify a person currently calling himself Tex as his legal name of "William" against his will - if he's a wanted murderer hiding under an alias, for example. Your Michael Jordan impersonator largely falls into that category. (And mind you, it could be the case that a tall black guy's legal name happens to be Michael Jordan (e.g.), and suddenly the ethical thing would be to only refer to him by a nickname where it might cause undue confusion! The underlying "truth" is besides the point!)
I don't think trans people are in this category in the vast majority of cases. The most crucial difference is that it is legitimate for a hotel to treat the real Michael Jordan differently than they would a random lookalike, whereas if people treat a random person differently depending on whether they believe that person to be a man or a woman, that's their problem for being sexist. Moreover, most trans people are not trying to pass themselves off as the real Michael Jordan. The typical trans woman puts a trans flag in her Bluesky bio and will start talking about her transition journey as light conversation - she will certainly mention it before a date gets to second base. The "trap" who passes perfectly and uses that to lead on a potential sex partner all the way to the bedroom is largely a creature of fantasy, and not behavior mainstream modern-day trans people would endorse (if only because it doesn't tend to go well for the trans woman herself).
Similarly, in your King Charles example, there is more at stake than politeness and self-identification. If Charles Johnson is suffering from a delusion that he is the King Charles then perhaps I shouldn't go along with that (unless medical professionals recommend going along with the delusion for the patient's wellbeing, which does happen with e.g. dementia patients, but that's another question). Nor would I go along with it if a trans woman started telling me about her uterus or a childhood memory of her first period. But normal trans people are not like this. They know they are biologically of the opposite sex; in fact they often advertise it. If my friend is an eccentric who knows perfectly well that he's not really a Windsor, but would like me to call him "your majesty" as a kind of 24/7 LARP (perhaps he's into micronations?), I'd happily roll with it - and if for some reason I refused, it would be absolutely fair of Charles to not want to be my friend anymore.
(This doesn't change if my friend has maverick philosophical opinions that lead him to defend the position that at the end of the day, the "king" of a micronation and the "king" of a real recognized countries are more alike than they are different, in the way that a trans woman might know perfectly well that she's not the kind of woman who has a uterus and a vagina, and simply defend the esoteric metaphysical point that she's still as entitled to the word "woman" as anybody else.)
There have been a surprisingly large number of "creatures of fantasy" convicted and imprisoned for rape by deception.
Curious, then, that the "rape by deception" Wikipedia article
Maybe Wikipedia is unrepresentative of the median opinion of trans people, maybe you move in different circles than I do, but I honestly cannot ever remember seeing a trans activist arguing that trans people have a legal and moral obligation to disclose their sex before getting into bed with someone.
A, Chinese robbers. B, neither of the two articles you link really pattern-matched to the "trap" archetype. Watkin was a social transitioner who frankly looks so clocky that I'm very much inclined to believe her defense that it didn't cross her mind that the guy might not have realized. Which is maybe not best practice, but we're a long way away from the sultry queen who suddenly whips out a penis. As for Newland, I honestly can't tell if she even identifies as male? It sounds like this could genuinely just be a lesbian who engaged in an improbable deception to get in a straight woman's pants. The article never claims that she identified as trans, it merely draws a possible legal analogy from how her case was judged to how this may reflect on trans cases. And either way, we're dealing here with someone who went by a wholly fake name and invented a fake backstory about an accident; the deceit goes well beyond a lack of disclosure even if Newland was indeed a trans man.
I feel absolutely confident that all my trans friends' judgement on these cases would be, respectively, "Watkin was not actually trying to deceive anyone", and "Newland was obviously trying to deceive the victim and the way she did so would constitute rape-by-deception regardless of the genders angle".
Well, your trans friends would be wrong:
Why would a male person (who, by definition, cannot menstruate) falsely claim to be menstruating? Dare I say it's because he was trying to deceive someone?
My mistake on skimming and missing that bit. (Though I'm wondering about the impersonal "the court heard". From who? Does Watkin deny saying it?)
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