A little too on the nose: It doesn’t start with École Polytechnique

I’ve written in Pharyngula comments before about something called the Pseudocommando shooter type. These are the folks who get big rifles with rapid fire capability and carry multiple weapons and huge number of rounds of ammunition to a target location and then shoot as many people as they can. The psychological research on the type shows that serious mental illness is uncommon in such shooters, though they do show an above average rate of mild to moderate depression and a couple of other of the most common mental illnesses. Some of the research that initially characterized the type found even these mental illnesses affected only about 40% of such shooters.

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Utah Criminal Code Chapter 9 §702-5

This is a delightful little statute. It bans “Lewdness involving a child” within the state of Utah.

I quote:

A person is guilty of lewdness involving a child if the person under circumstances not amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a child, aggravated sexual abuse of a child, or an attempt to commit any of those offenses, intentionally or knowingly:
(a) does any of the following in the presence of a child who is under 14 years of age:
(i) performs an act of sexual intercourse or sodomy;
(ii) exposes his or her genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area:
(A) in a public place; or
(B) in a private place under circumstances the person should know will likely cause affront or alarm or with the intent to arouse or gratify the sexual desire of the actor or the child;

…(iii and iv omitted)

I’m going to pare this down for you a bit:

A person is guilty of lewdness involving a child if the person [does not commit or attempt to commit a more serious sexual crime, but]:

(a) does any of the following in the presence of a child who is under 14 years of age:

(ii) exposes the female breast below the top of the areola

(B) in a private place under circumstances the person should know will likely cause affront or alarm or with the intent to arouse or gratify the sexual desire of the actor or the child;

Got that? Exposing a female breast in the presence of a child, while in a private place, is a crime if anyone will “likely” feel affronted or alarmed.

Interesting little statute there. I’m sure it would never be abused by any misogynistic prosecutors in the United States. Especially not in a state as friendly as Utah, for Mormon Heaven’s sake! No, I’m sure that they would reserve it for egregious behavior like …

Tilli Buchanan, 27, … and her husband had been installing drywall in the garage and had taken off their shirts that were itchy from the fibers, she told The Salt Lake Tribune.

When her stepchildren, aged 9, 10 and 13, walked in, she “explained she considers herself a feminist and wanted to make a point that everybody should be fine with walking around their house or elsewhere with skin showing,”

Well there was that consequential condition on the actus reus that involved some sort of distress. This doesn’t sound like quite enough to …

The charges were filed after the children’s mother told that authorities she was “alarmed”

Ah. So a mom hates her ex’s new wife enough that she got her arrested on charges of “lewdness” because she was doing the exact same thing as the ex (removing clothes itchy from drywall contamination), something that anyone might do in their own home. That makes more sense. Gotta protect the kids from seeing their step-mom’s boobies. At least the punishment should be proportionate given the wisdom of the Utah legislature and its…

If convicted, Buchanan faces imprisonment [for a maximum of 364 days – cd], fines up to $2,500 and the requirement to register as a sex offender for 10 years.

DAMN. Well, at least exposing your nipple in your own house isn’t a felo…

Lewdness involving a child is a third degree felony if at the time of the violation:

… (ii) the person has previously been convicted of a violation of this section.

So children walking in on you while your top is off in your own home is a misdemeanor the first time. The second time it happens, you can be punished

 by an indeterminate prison term of up to five years, and a fine of as much as $5,000 [oh, and by the by, they make your sex offender registration permanent].

Well. I guess that is serious. They’ll probably lose their house too, with no one out of prison to work and pay the mortgage…

Though her husband was similarly clad, he was not charged with a crime.

But… but…

Fuckit. Utah, you are fucking horrible.

 

 

 

Can we just … not?

Eleven months ago that we had a wildfire cause millions of dollars of damage to an arid wilderness area in arizona, with that millions of dollars in damage representing a number of losses, including life, albeit not human life, that we can value as we wish, but is never replaceable.

Now there’s a gender reveal party in Iowa that ended a human life. And why, exactly?

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The Moral Bankruptcy of Gender Critical Definitions of Man & Woman

This post will rely on a single individual as an example of so-called “gender critical” thought: Holms. Holms writes frequently on FtB, and has been engaging in a long back-and-forth with myself and many others over on Mano Singham’s blog recently. (This conversation is happening on the same blog post where Mano suggested the value of discussions of horizontal hostility.) I have been growing steadily more uncomfortable with the exchange because it long ago veered away from any discussion that might illuminate how and why horizontal and intra-community hostility develop within a particular group. While Mano has made no move to shut the conversation down or even to express any specific discomfort over the thread, I think it is respectful to a blog owner to have the conversations suggested by a post, and to start your own thread somewhere else if you want to have a different conversation. Thus this post.

The phenomenon I want to discuss begins with a discussion of Holms’ definitions of “man” and “woman”:

I have actually said that ‘man = adult male human’ and ‘woman = adult female human’ are the current meanings as determined by common use.

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More on “People Who Call Out Racism Are the Real Oppressors”

I excerpted a quote from an old comment of mine when writing my most recent post on horizontal hostility. There was more there worth examining, but it wasn’t quite=exactly-directly germane as the original concept being discussed was horizontal hostility within LGBTQIA communities. (A topic suggested by Mano Singham.) I ultimately chose not to include it, but I could not ignore it, as it not only deals with feminists’ failings on anti-racism work (a topic I’ve covered before and will continue to cover) but this quote directly hits on a topic mentioned twice in the last couple of days, the idea that people calling our racism are the real racists.

It also shows how when [certain] existentialist feminists are called on, say, racism, they can so vehemently denounce an attempt to end racist behavior as siding with the oppressive powers that be. Paying attention to racism within women’s communities is “dividing us” when we are [supposed to be] all one, glorious, unified, colorless “us” of women. Did I mention colorless? Hmmmm, what’s a synonym for colorless???

Obviously this isn’t quite, “People who call out racism are the real racists,” but it would work if you substitute “oppressors” in for “racists”.

Explaining Horizontal and Intra-Community Hostility: Aoife Helps Out

Aoife O’Riordan who writes (or wrote, last post was in 2017) the blog formerly hosted here on FtB Consider the Tea Cozy once wrote a bit about anti-bi-woman sentiment in lesbian communities. She doesn’t gives us much about causes, but she does identify a problem similar to that experienced by trans* women in queer women’s communities (especially but not only those that label themselves lesbian communities). This should be no surprise, since she’s actually attempting to use the experience of cis bi-women to educate other cis people about the experiences of trans* people who share their communities.

There’s lots of lesbians, you see, who won’t date or sleep with bi women. Even if there’s mutual attraction, they don’t want to go there, simply ’cause we fancy men as well. Girl meets girl, girl fancies girl, girl finds out girl also fancies guys, girl backs away in disgust. While it’s absolutely their right to reject whoever they like for any reason the like (of course!), it still sucks to hear. And the fact that it’s a pattern familiar to almost every bi woman I’ve talked about is, y’know, a problem. This doesn’t mean that every lesbian in the world has to date the first bi woman who fancies her, regardless of whether the attraction’s mutual! It just means that a lot of bi women (and hopefully loads of lesbians too) would like it if the lesbians who do feel that way took some time to think about whether their feelings might be based on prejudices and stereotypes. That’s all.

But this anti-bi-woman prejudice, where it exists, isn’t explainable as a reaction to some genital configuration because it is just as prevalent when lesbians interact with cis bi-women as it might be when lesbians interact with trans* bi-women (though in practice it appears to be dramatically more prevalent, because sexual orientation tends to take a back seat to biological sex – past or present – in discussions of cis* lesbians interacting with trans* folk).

We have to draw on other knowledge to help us explain this intra-community split. Fortunately, I’ve written about this before on a Pharyngula thread:

[After WW2 and the Holocaust,] people wanted an ethical system that said, “Never again” and meant it. Clearly the deontology of divine command didn’t do it. You couldn’t count on contractarianism to make a government respect its citizens. So, what then?

The infinite, the universal, the transcendent is what. If we can’t give human beings an infinite, transcendent value, then there will always be the possibility that some community or nation will believe that mass killings are desirable based on comparing the value of those human beings (to the nation considering the killing, not to those people themselves) to the value the society places on its own goals.

Infinite worth was the way out of the despair of WW2. Existentialism spread like wildfire. Good stuff, in its way. It gave us terms & concepts like “devalue”.

If you see yourself as horribly devalued, however, and you latch onto infinite value ethics as your level to try and achieve your safety, a couple things [might] happen. First, you try to universalize: you want to get every woman on your side, the struggle is that important. Thus, “we’re all in it together”, thus “we’re all exactly the same in the way that matters most”, thus, “those sufficiently different from me that I truly can’t imagine myself ‘the same as’ cannot be in my category”, thus “those falsely claiming to be in my category are jeopardizing my movement and thus my safety,” thus “it is appropriate to label their destabilization of this category upon which I rely for my ultimate safety ‘an attack’ ”.

[This particular chain of ethical reasoning] also shows how the same women can claim to be anti-racist (“we’re all in this together, of course I care about women of color”) but end up pursuing an agenda that has nothing to do with ending racism (“The real oppression is sexism, it’s universal to every society.  So when we get rid of the real oppression, *THEY* won’t need racism to divide us and racism along with all those other subsidiary oppressions will pass away” – AKA “there will be no racism after the revolution, so don’t worry your nappy little head about white supremacy”). [original comment lightly edited for our purposes – cd]

Keep in mind that these aren’t thoughts that necessarily flow from existentialist ethics. Indeed de Beauvoir’s graph on ethics and morality was called, “Pour une morale de l’ambiguïté” (in english traditionally rendered: “The Ethics of Ambiguity”), and the intolerance of destabilized categories of essence is directly contrary to de Beauvoir’s concept of self-directed, self-determined essences. Nonetheless, these ethical statements about the negative value of subdividing the category of woman are descended directly from de Beauvoir’s leading-edge, second-wave existentialist feminism. This is, in fact, one of the reasons why I find exclusionary feminisms so incomprehensible at times. They clearly attempt to preserve quite a lot of de Beauvoir and other early second-wave feminisms, and yet they fully reject aspects of those feminisms that were fundamental to their cohesion and their ethics. In the language of de Beauvoir, they have embraced facticity and rejected transcendence.

Nevertheless, while hollow-boned, feather-winged flyers were not inevitable once early archosaurs evolved, and while hollow bones and other aspects of modern birds would be in conflict with the mode of existence that made early archosaurs what they were, looking backward we can say that birds’ descent from those early archosaurs is a historical fact. Likewise, it is a historical fact that these ambiguity-rejecting, fear-based feminisms descended from de Beauvoir’s feminism (albeit with admixtures from independent sources).

It can be very difficult to understand how trans* exclusive feminists who appear to cling to the second wave can simultaneously reject so much of the second wave’s fundamental insights. But this is not because the development of these feminisms and their ambiguity-rejecting ethics is inherently incomprehensible. Rather, the difficulty in understanding comes from attempting to derive these feminisms based solely on prior feminist categories. In fact, other sources of fear or love, other priorities and values, even other meta-ethics from entirely outside feminism are constantly mixing with our existing feminisms. At times, they enrich our work and make it more effective, as with Kimberlé Crenshaw and the development of intersectionality. At other times they mix poorly. But on its own, bringing into feminism other aspects of women’s experiences, knowledge, and thought is not a bad thing. Indeed it’s a good thing. We wouldn’t have feminism at all if we weren’t allowed to bring those things into a feminism that did not yet include them. How else would we have gotten a feminist labor movement? How else would we have gotten a feminist movement for a more ethical judaism?

So let’s understand that this fear of the other, this fear of destabilized categories, when brought into an early existentialist feminism that offers hope of a universal, stable category of woman, a category that can then be called upon for universal action, can seem wise. It does not instantly negate the opposition to sexism that is the organizing principle of all feminisms. But if you hold existentialist feminism to the light in just the wrong way, it seems as if our fears as women of sexist domination absolutely demands easy categorization, eradication of ambiguity, an undivided unity of interest.

It is tragic, but even the existentialism that so many thought offered a way to guarantee that we fallible humans would live up to our own mutual promise, “Never again,” cannot prevent dehumanization. It cannot prevent violence. It cannot prevent – and it has not prevented – genocide.

The cry for easy categorization, for undivided unities in the face of violence is a cry of fear. It guides us towards liberation no more reliably than any other fearful response. But it is comprehensible, and it should not on its own negate efforts to feel and to offer sympathy across the boundaries of rigid categorization those crying out in fear construct. Indeed better understanding and sympathy for the fear can often be useful in opposing the ossification of these new and contested constructions.

 

 

The Cotton Ceiling: The best argument yet that TERFs aren’t feminists?

If you’ve been reading my work for any amount of time, well, I’m very, very sorry. But more relevantly to this post, I want you to remind yourself that I’ve long been critical of the argument that TERFs are not feminists. This strikes me as odd. After all, many of the same people who make this argument for excluding TERFs from the feminist club also argue that trans* women must be women, in fact are by definition women, otherwise they wouldn’t be trans* women, they’d be trans*-something-else. By similar logic, it seems nonsensical to take the group of Trans Exclusive Radical Feminists and then argue that they aren’t feminists. If this is simply a descriptive label and not an epithet, as many people including myself contend, then by definition TERFs are feminists. They would have to be or they’d be TER-something-else. TERSE, I guess. (And Lawd, Lawd, the idea that they might be “TERSE” seems self-refuting, doesn’t it?) So I’m not going to argue that TERFs and their fellow travelers who bring up the cotton ceiling workshop again and again to this day are not feminists in the literal sense. Rather, I just want to show why I think that the people who make this argument are functionally feminism-illiterate. They might very well be feminists according to some particular definition you articulate, but that doesn’t mean that they’re informed feminists or that they have a competent understanding of feminist basics, or that what they’re doing actually advances feminism in any way.

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Thirdmill301 and Cis Cowardice

Normally I respond to people talking about trans lives in comment threads in those comment threads. Partially this is because I really do believe in the power of discussing and exchange of information. Yes, I can be harsh on people who, in my opinion, have commented enough times in ways that repeat errors which have been corrected in the same thread that I believe it’s reasonable to infer that they aren’t actually learning from the tactics of helpful education. At that point, I usually decide to change tactics, and one set of tactics involves going for the jugular of a bad argument. Despite the harshness with which I treat those bad arguments, I’ve historically wanted to maintain those responses in the same threads as the comments which occasioned them.

But today, I’ve decided to change tactics, because I believe that sometimes it simply isn’t enough to directly address one person in a thread while the conversation goes on around us. For that reason, I’m going to do a couple posts responding to thread comments with blog posts. And I’m going to start with a bit by Thirdmill301:

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Riffing on Reprobate Spreadsheet: Womanhood Edition

So, you should read RS for the new post up on the incoherence of TERF philosophy and/or ideology, it’s well done. But I want to single out and emphasize one particular bit. HJ Hornbeck excerpts a Medium article credited to a number of folks1 and proceeds to challenge it on a number of points. While I don’t have more than a few quibbles with what HJ wrote, HJ acknowledges that there is much more that could be challenged than was covered in the Reprobate Spreadsheet analysis. This is a place where a bit more of that challenging will happen.

Here, I want to emphasize a point that HJ made briefly that I believe could use more attention, add a couple of points original to me, and then allow you to get more from HJ’s original analysis. Here is the section I wish to reanalyze, a smaller portion of HJ’s first excerpt2:

the view that the category of ‘woman’ is correctly defined as ‘adult human female’. Biological essentialism is a position about whether certain traits of women are biologically produced by sex category membership. Womanhood itself is not a genetic ‘trait’ and no-one on either side of the dispute thinks it is conceivably biologically produced in the way that, arguably, emotional intelligence or maternal instinct is supposed to be.

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Feminist Perversions: Sea Shanty Edition

Right then. A little while back Cat Mara on WeHuntedTheMammoth came up with the idea of WHTM-themed sea shanties:

[W]hat would a blog’s comment section be but a mutual admiration society? Why else would people come here and leave comments if they didn’t like the other people doing so? One could just lurk, or read the articles posted on the main page passively through an RSS reader. It’s not the Army. We didn’t enlist; we weren’t pressganged…

At least I wasn’t. If David approached any of you in a seedy waterfront bar and said, “aaar, I be formin’ a blog and be in need of trusty hands to work the bilge in the comments, will ye take me shilling?” you’d tell me, right? Are there shanties? Tell me there are shanties!

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