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Culture War Roundup for the week of April 1, 2024

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J. K. Rowling challenges new Scottish hate speech legislation, openly challenging them to arrest her for calling trans criminals men who pretend to be women:

https://twitter.com/jk_rowling/status/1774747068944265615

In passing the Scottish Hate Crime Act, Scottish lawmakers seem to have placed higher value on the feelings of men performing their idea of femaleness, however misogynistically or opportunistically, than on the rights and freedoms of actual women and girls. The new legislation is wide open to abuse by activists who wish to silence those of us speaking out about the dangers of eliminating women's and girls’ single-sex spaces, the nonsense made of crime data if violent and sexual assaults committed by men are recorded as female crimes, the grotesque unfairness of allowing males to compete in female sports, the injustice of women’s jobs, honours and opportunities being taken by trans-identified men, and the reality and immutability of biological sex.

#ArrestMe is, dare I say it, brave and powerful. At least she's putting skin in the game. It's also pretty well calculated in my opinion.

They can't really attack her for being a right wing extremist when her world famous books are a pretty clear allegory of Racism Bad. She even makes sure to target India Willoughby, who is apparently anti-black. Rowling has an enormous pot of money for expensive litigation and automatic worldwide attention on her. It's hard to righteously defend people such as

"Fragile flower Katie Dolatowski, 6'5", was rightly sent to a women's prison in Scotland after conviction. This ensured she was protected from violent, predatory men (unlike the 10-year-old girl Katie sexually assaulted in a women's public bathroom.)"

It's very practical politics to fish out the worst of the enemy milieu to preface one's normative statements. I think Rowling has a good shot at tactical victory - either the govt won't charge her or she'll win in court. On the other hand, only systemic change is going to change the progressive-leaning status quo. You need an Orban or some similar force to drag out the weed by the roots, rather than just pruning away when it grows particularly egregious. Rowling is no Orban, that's probably far too extreme for her.

The legislation is here: https://www.legislation.gov.uk/asp/2021/14/contents

Crimes include 'stirring up hate' by 'behaving in a manner that a reasonable person would consider to be threatening, abusive or insulting' to select groups. Looks like it allows nigh-limitless opportunities for selective enforcement. And a huge drain on police resources, given they can't even investigate all crimes:

Just last month the national force said it was no longer able to investigate every "low level" crime, including some cases of theft and criminal damage.

It has, however, pledged to investigate every hate crime complaint it receives.

BBC News understands that these will be assessed by a "dedicated team" within Police Scotland including "a number of hate crime advisers" to assist officers in determining what, if any, action to take.

https://www.bbc.com/news/uk-scotland-68703684

'Rich person flaunts the law, confident they will never face consequences' is not a very unique or interesting story. It's certainly not 'brave' or anything... if no one rich or powerful is going to face any legal consequences of any kind over Epstein connections, you can be damn sure she's not going to pay for anything relating to this, either.

But I don't see why conservatives would think this is supporting any of their claims? The conservative claim has always been that they are oppressed for their views, living in constant danger of being cancelled or arrested by the woke mobs and captured government institutions.

Someone blatantly pointing out in the most public way possible that this has always been a fiction, that governments may make figleaf declarations about opposing these types of slander but will never actually enforce them because they actually are inherently conservative entities that are on the side of the privileged and the default, that anyone can make the most vile comments they want and always could without fearing legal reprisals, that the whole Petersonian rhetoric about free speech crackdowns was and always has been a charade... why is that good for her side, exactly?

I mean, I guess the truth is that I'm being too simplistic in considering it one 'side'.

The Peterson/'free speech absolutist' wing points at 'cancel culture' and the specter of government censorship as a general bludgeon against the left, but they're actually committed to a much more broad model of conservatism and just using that to stir up their base.

Whereas people like Rowling aren't fully committed to that broader conservative project, they just want to slander and eradicate trans people, and they're annoyed that people like Peterson have scared some of their supporters into thinking they might ever face consequences for spewing vile slander 24/7, thereby mildly restricting the spigot.

So while the two have been default bedfellows up till now, it seems like JK has recognized the conflict of interest there and is ready to abandon the pretense of being oppressed in favor of proving that it's safe for everyone to start spewing as publicly and loudly as possible.

  • -50

Someone blatantly pointing out in the most public way possible that this has always been a fiction, that governments may make figleaf declarations about opposing these types of slander but will never actually enforce them because they actually are inherently conservative entities that are on the side of the privileged and the default, that anyone can make the most vile comments they want and always could without fearing legal reprisals

I don't know if you're an American, but this is just not true. In non-US countries, people have been prosecuted for saying that the bible says that homosexuality is a sin in Canada and I think Finland, for saying that Muhammed was a pedophile, for telling jokes, for saying that Muslims girls are raped by their family members, for saying that Muslim girls are murdered by their family members in honor killings, for saying that Muslims want to kill us, for quoting someone else saying that Islam is a defective and misanthropic religion, for comparing Muslims to Nazis, for saying "Well, when one, like Bwalya Sørensen, and most black people in South Africa, is too unintelligent to see the true state of things, then it is much easier to only see in black and white, and, as said, blame the white."

More: For saying that white people pretend to be indigenous for political or career clout. etc etc etc

Not referring to all hate speech and similar types of laws, just narrowly to the misgendering stuff.

  • -15

Can anyone explain to me what the heck is going on in Canada? Seemingly there's someone who wants to turn themselves into an actual hermaphrodite, and instead of going "here's the contact details of a good psychiatrist", they are solemnly debating whether public healthcare should pay for such an operation.

Also, there's a clinic in Texas which will do this operation if it gets paid for? Texas??? When did Mad Science become something in the real world?

A non-binary patient in Canada is seeking taxpayer-funded surgery to create a vagina while also keeping a functional penis.

If a court rules in their favour, the patient, 33, from Ontario, will travel to a specialist clinic in Austin, Texas, for the procedure.

The patient, referred to in court documents as KS, was born male but identifies as non-binary. They do not identify as one gender but “literally a mix”, according to court documents.

They argue that forcing them to undergo binary surgery “could be considered an illegal act of conversion therapy as well as a violation of the Ontario Human Rights Code”.

@guesswho is doing a valiant job of trying to present the steelman version of all this, especially as we're all lining up to rebut them, but then with my own lying eyes I read a genuine news story of this sort, and blow me down, I find it very hard to believe that there's anything sane at all in the trans activism movement that is going after Rowling.

Surgeons and cosmetic surgeons aren't really regulated in the same way as drugs or other forms of medicine - if a surgeon and patient are willing to try something, they're allowed to do it.

They do not identify as one gender but “literally a mix”, according to court documents.

Literally a mix? Why'd they need doctors when any old kitchen appliance or garden power tool would do?

Also, there's a clinic in Texas which will do this operation if it gets paid for? Texas??? When did Mad Science become something in the real world?

Texas has loose regulations just in general and Austin is extremely progressive.

Still, though, I thought "Sure, I'll turn you into Fragoletta" was the province of "The Island of Dr. Moreau", or at least Classical sculpture, and not something that has an entire clinic set up for it.

Swinburne seems to have been enchanted by the topic, as he wrote another poem, Hermaphroditus. I wonder if this verse is a warning about not to have too many expectations about the outcome of such surgery?

Love stands upon thy left hand and thy right,
Yet by no sunset and by no moonrise
Shall make thee man and ease a woman’s sighs,
Or make thee woman for a man’s delight.
To what strange end hath some strange god made fair
The double blossom of two fruitless flowers?

This is what we call 'an anecdote'.

Lots of crazy people out there, anyone can appeal a decision and ask for a hearing, let me know if anything actually happens. This individual was already ruled against twice, I'll be surprised if the third time's the charm here.

The Telegraph writing an article about this doesn't suddenly make it the central issue of the whole trans rights debate.

Agree that trans women are women and deserve all the rights and respect of any other woman, and I'll happily agree that we should shelve the question of hermtaur surgeries for the next 50 years or so.

But if you're not ready to grant the first thing, which is what everyone actually cares about, then don't pretend the conversation has 'moved on' to stuff like this. The conversation is still very much about the first thing.

  • -19

let me know if anything actually happens

Unanimously approved.

Agree that trans women are women and deserve all the rights and respect of any other woman

Why should anyone agree to something you don't even believe yourself?

To be fair, he could well have changed his mind in the intervening two years.

More comments

Coming back to this, and trying to make my point clearer: years back, over on Ozy Brennan's blog at the time, we were having the first debates as the first rumblings around 'bathroom laws' were being made. To be fair to Ozy, they were as neutral as they could manage, permitting the criminal bad-thinkers like me and other anti-trans enthusiasm types to engage in argument.

But I was assured over and over, and indeed rather condescended to, that "No no no, things like this will never happen, that's just tinfoil hat conspiracy fever dreams of really right-wing fears".

And then things like the case of Demi Minor happened (and believe me, I'm as sick of bringing this up as you are of hearing it). Why do I bring it up, then? Because cases like that are not an aberration or an anomaly, they're the logical outcome of the "no objections entertained, any hesitance is gatekeeping and transphobia" activism.

How did Minor get into a women's prison in the first place? Lawsuits.

New Jersey introduced a policy allowing prisoners to be housed according to their self-proclaimed sexual identity last year.

It did so after being sued by a transgender inmate who was being held in a men’s prison. The case was backed by the American Civil Liberties Union.

Minor claims to be a Real Woman, so by that logic, and your demand to me, I must agree that Minor is a trans woman and that "trans women are women and deserve all the rights and respect of any other woman".

Which means that you want me to accept and not alone accept, but agree that this woman, via her feminine penis, impregnated two other inmates of the women's prison with her feminine sperm and is now the baby-momma (can't say daddy, that would be misgendering!) of their children. Because "Trans women are women like other women". Do you see why I don't go along with your call to agree that?

Back then, as I said, we were told things like this would never happen. And then they happened. All in accordance with the principles being imposed on society by lawsuits and legislation and activism for trans rights.

A year or two ago, if anyone had said that there would be someone suing to force health insurers to pay for their hermaphrodite surgery, they would have been told "No no no, that's tinfoil hat fever dreams of the extreme right".

But now the 'hermtaur surgeries' as you phrased it (thanks for the term!) are out there and being brought to court with the same language around "forced conversion therapy". And even worse, while this may be a case that will end up being dismissed, there is a clinic up and running and happy to perform whatever slicing and dicing you want so long as you can pay for it. So plainly there must be other such cases of people wanting such surgeries.

At this point, if anyone says "Oh come on, nobody is going to try to graft a second head onto a human body, that's just tinfoil hat crazy talk", I'm expecting that within six months we'll get a news report out of China or somewhere about how this very thing was done.

the first thing

The first thing, or at least the earliest thing that comes to mind right now, was the gays. Slippery was the slope, and here we are with men pretending to be women and political activists wanting to force people to validate these delusions.

It's not much of an extrapolation to see where the wind is blowing from, and where to.

I reject the idea of a history of civil rights where you draw the 'first' line at the last thing you feel conflicted about, and then draws a slope starting there.

if you want to go that far back into the history of civil rights to try to draw a slopeand calim it slippery, then the 'first' thing is repealing miscegenation laws, or slavery abolition, or like challenging the right of prima nocta or w/ethefuck.

  • -11
More comments

Agree that trans women are women and deserve all the rights and respect of any other woman, and I'll happily agree that we should shelve the question of hermtaur surgeries for the next 50 years or so.

The justification for "trans women are women" is the same as the justification for hermaphrodite surgery.

It's really, really not. 'Hermaphrodite' is not a social category, outside of furry porn.

  • -10
More comments

But if you're not ready to grant the first thing

Absolutely I'm not ready. What do we mean by a woman? A biological woman, because they're dosed up on hormones and maybe had surgery, too? No. The same as a cis woman, totally the same? No. Legally a woman? Well, if the law permits it, sure. Now you can call yourself Yolanda Désirée Ladyfingers and have "F" on your driving licence and be referred to as "she/her".

But the movement towards "drop the trans, just say woman"? No, I'm not giving in on that. All the rights of any other woman? And what rights are those? To retain male characteristics and still be able to go into women-only spaces? To declare that a lesbian who doesn't want sex with your feminine penis is not a real lesbian?

EDIT: And in fact, it's the very demands around "the first thing" that enable the crazy people. Or where do you think the rhetoric about "This is conversion therapy which is illegal in Canada" came from?