|
|
It's not all bad news, however. The British Columbia supreme court in Vancouver recently overturned an earlier decision of the human rights tribunal that Vancouver Rape Relief had breached the human rights code when it refused to allow Kimberley Nixon, a male to female transsexual, to train as a counsellor of female rape victims. In 2002, Nixon had won $7,500, the highest amount ever awarded by the tribunal, for injury to "her dignity".
The arrogance is staggering: having not experienced life as a "woman" until middle age, Nixon assumed "she" would be suitable to counsel women who have chosen to access a service that offers support from women who have suffered similar experiences, not from a man in a dress! The Rape Relief sisters, who do not believe a surgically constructed vagina and hormonally grown breasts make you a woman, successfully challenged the ruling and, for now at least, the law says that to suffer discrimination as a woman you have to be, er, a woman.
The Equal Opportunities Commission, your best friend if you are a man wanting to get into nightclubs free on Ladies' Nights, has a lot to learn from this. Last summer, it supported the case of five male to female transsexuals, only one of whom had disposed of his meat and two veg, on the grounds of sex discrimination after a pub landlord objected to one of them using the women's toilets. The claim was rejected, with the judge stating that although he accepted the claimants' wish to regard themselves as women, a person's wish "doesn't determine what he is". Quite. Call me old-fashioned, but I thought the one battle we feminists won fair and square was to convince at least those left of centre that gender roles are made up. They are not real. We play at them. We develop traditional masculine or feminine traits by being indoctrinated, not because we are biologically programmed to behave in those ways. [link]
As far as I can tell, the writer's position, obscured somewhat by some fairly serious failings as a writer, is that Judith Butler has taught us that gender is performative. As such, one's gender is unrelated to biology.
However, at the same time she is arguing that one cannot be a woman unless one was born a woman. This is a bit confusing, but I think she means that without the cultural experience of having grown up as a woman and having been treated as a woman at all points, one cannot realistically perform as a woman and would therefore, for example, not be fit to provide couselling to women on sexual abuse. Or use ladies' toilets. They'll just break them, or eat them or something.
So, being a woman is culturally defined, but quite closely culturally defined.
Now, by this logic, one cannot become a woman or a man, or at least not in such a way that one can be accepted as a woman or a man in situations involving sexual abuse or public toilets, and gender realignment surgery is therefore actually a cop-out - one should instead accept that one is one's biological gender as a result of the acculturation one received because of it, but then subvert it through performance. The extension of this belief - that gender realignment surgery, or as La Bindel rather charmingly puts it "to have their breasts sliced off and a penis made out of their beer bellies" is the easy option for those who do not want to be gay - appears to me comically naive, but then I am open to correction.
So, what of this argument - is there any wisdom in it? I seem to recall Deva saying in another place that it is the transpeople will continue to campaign to be allowed into gender-restricted space, and biomen and biowomen will continue to campaign for their exclusion, and this is probably how it has to be. Is this article an extension of that process, and is it admissable in that context?
The other issue arising from this article is the response it garnered. Many emails and letters were sent, largely critical, leading to this response. Of particular interest is the statement by the editor:
In this case, we thought that what Julie Bindel was writing was particularly interesting because it came from her - a lesbian activist for the rights of women and children. ... She is a rare kind of writer who puts her money where her mouth is.
Can anyone explain this, transexuals being in my experience not always women (by either the conventional or Bindelian standard) and children? I think the contention is that she is uniquely qualified to talk about the suitability of transwomen for positions in sexual assault counselling.
Anyway, I suppose I'm looking for two possible threads in this topic - one being the theories espoused by the article, the other being the thinking behind and the subsequent defence of its publication. |
|
|