Hagocrat


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WPATH President-Elect Jamison Green Calls For Lesbian Bookburning

Reblogged from GenderTrender:

Click to visit the original post
  • Click to visit the original post

Gender, the social convention that assigns various characteristics (behavioral, psychological, cultural) to humans based on biological reproduction, is a very interesting topic. Heck, it’s so interesting that you’re spending your valuable time reading a blog about it right now. Gender is the cultural expression of male domination and female subordination.

Lots of people want to talk about gender, including the modern practice of “trans”gender, which is the belief that medical and surgical treatments should be used to enforce conformity to the social tradition.

Read more… 1,970 more words

"Dort wo man Bücher verbrennt, verbrennt man auch am Ende Menschen." Write to Routledge to object to this blatant call for censorship. Please note, the correct email address to use is gemma.walker@tandf.co.uknot the Taylor and Francis email address for Leah Babb-Rosenfeld that has been circulating.


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Full Video: NYC Dyke March 2012 Transgender Attack on Lesbian Feminist Cathy Brennan

Reblogged from GenderTrender:

HOLY SHIT. SOOOO FUCKED UP.

Full video showing how original Lesbian Avenger Cathy Brennan is targeted, surrounded and terrorized at NYC Dyke March 2012 by transgender activists due to her lesbian feminist activism.

The reason for the attack?

Her statements that:

1.) Reproductive sex exists
2.) Homosexuality exists.
3.) Social roles based on reproduction are negative for females
4.) Legal protections for those who transgress sexist tropes should not codify and enshrine those very same sexist tropes into law…

Read more… 22 more words

I support and stand in solidarity with Cathy Brennan.
Sheila Jeffreys


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Sheila Jeffreys: ‘Transgender Activism: a lesbian feminist perspective’

In this blisteringly good read – a 1997 paper published in The Journal of Lesbian Studies – Sheila Jeffreys examines the politics of transgenderism from a lesbian feminist perspective using a human rights approach. She examines how postmodern theory has been used to legitimate the conservative practice of transsexualism criticised by Janice Raymond in The Transsexual Empire, constructing ‘transgenderism’ as an ostensibly progressive practice. Critiquing the postmodern notion of gender as something to be ‘played with’ from a radical feminist perspective, Jeffreys demonstrates that the supposedly progressive politics of transgenderism is as antithetical to the struggle for women’s liberation from male domination as the conservative politics of transsexualism ever was. Furthermore, the politics of transgenderism legitimates the “mutilation of healthy bodies and the subjection of such bodies to dangerous and life-threatening continuing treatment” which “violates such people’s rights to live with dignity in the body into which they were born” (pp.59-60). This, Sheila Jeffreys argues, constitutes a serious violation of human rights:

It represents an attack on the body to rectify a political condition, “gender” dissatisfaction in a male supremacist society based upon a false and politically constructed notion of gender difference. (p.60)

Download the article: Transgender Activism: a Lesbian Feminist Perspective by Sheila Jeffreys (PDF)

See also:

Janice Raymond (1979) The Transsexual Empire

Ekins and King (eds) (1996) Blending Genders: social aspects of cross-dressing and sex-changing (Scribd)

Sheila Jeffreys on transgenderism (interview with Meghan Murphy, 7 May 2012)

Sheila Jeffreys on gender and transgenderism (interview with Meghan Murphy, 10 April 2011)

Sheila Jeffreys on the UK Gender Recognition Act (2008)

E. Hungerford and Cathy Brennan (2011) Difference Exists


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The UK Gender Recognition Act 2004: timeline with links

Introduction

Following on from a previous post on Sheila Jeffreys’ journal article about the GRA, here I’m attempting to create a full list of links to the passage of the Gender Recognition Bill through the UK Parliament in 2003-04, in effect to piece together the story of this law which swiftly, quietly emptied the category ‘woman’ of meaning. The implications of this legislation for “the group formerly known as women” are now, in the context of a resurgent women’s liberation movement, becoming clear with concerted attempts (being comprehensively documented by Davina at RadFem Groundhog Day and Gallus at GenderTrender, among others) to prevent FAAB women from organising autonomously or even speaking as individuals as, and for, FAAB women. We have been made outlaws.

Similar legislation has been passed in the US and elsewhere. See here for details of a submission to the UN Entity for Gender Equality and the Empowerent of Women by Cathy Brennan and Elizabeth Hungerford which calls attention to the erosion of sex-based legal protections for females by ‘gender identity’ legislation in the US.

Updates

There’s a huge amount of material to wade through, therefore this post is a work in progress and updates will be highlighted here:

  • Updated 6 June 2012: commentary with quotes added for the Lords Second Reading of the Bill
  • Updated 9 June 2012: new links added to Background section; footnote #1 added; written questions in the House of Lords quoted.
  • Updated 11 June 2012: full list of law judgements added to Background section plus link to newly published EC Report on Trans and Intersex People
  • 20 June 2012: Freedom of Information request sent to the Joint Committee on Human Rights asking for details of how they conducted their consultation exercise.
  • 26 June 2012: link to PDF of Draft Bill added (see 11 July 2003)
  • 27 June 2012: preliminary info on the DCA’s Gender Recognition Division who were responsible for drafting the Bill posted

How new laws are passed in the UK

Stages of Legislation

Guide to the passage of a bill in the UK Parliament

Guide to Peers and the House of Lords


Background to the Gender Recognition Bill

Lists of cases taken from the European Commission Report on Trans and Intersex People, June 2011 (PDF).

UK Case Law
Council of Europe, Court of Human Rights (ECtHR)
  • Van Oosterwijck v Belgium, Application no. 7654/76, 6 November 1980
  • Rees v United Kingdom, Application no. 9532/81, 17 October 1986
  • Cossey v United Kingdom, Application no. 10843/84, 27 September 1990
  • B v France, Application no. 13343/87, 25 March 1992
  • X, Y and Z v United Kingdom, Application no. 21830/93, 22 April 1997 (Grand Chamber)
  • Sheield and Horsham v United Kingdom, Applications nos. 22985/93 & 23390/94, decision of 30 July 1998 (Grand Chamber)
  • Christine Goodwin v United Kingdom, Application no. 28957/95, 11 July 2002 (Grand Chamber)
  • I v United Kingdom, Application no. 25680/94, 11 July 2002 (Grand Chamber)
  • van Kück v Germany, Application no. 35968/97, 12 June 2003
European Union, Court of Justice of the European Union (CJEU)
  • Case 149/77 Gabrielle Defrenne v SABENA [1978] ECR 1365
  • Case C-177/88 Dekker v Stichting Vormingscentrum Jong Volwassenen [1990] ECR I-3941
  • Case C-13/94 P v S and Cornwall County Council [1996] ECR I-2143
  • Case C-237/94 John O’Flynn v Adjudication Oicer [1996] ECR I-2617
  • Case C-249/96 Lisa Jacqueline Grant v South-West Trains Ltd. [1998] ECR I-621
  • Case C-322/98 Bärbel Kachelmann v Bankhaus Hermann Lampe KG [2000] ECR I-7505
  • Case C-79/99 Julia Schnorbus v Land Hessen [2000] ECR I-10997
  • Case C-117/01 K.B. v National Health Service Pensions Agency and Secretary of State for Health [2004], ECR I-541
Parliamentary Background

Gender Recognition Bill Timeline

16 December 2002 – Ministerial Statement

Rosie Winterton MP (Parliamentary Secretary, Lord Chancellor’s Department) announces the Government’s intention to legislate in response to the ECHR judgement in the case of Goodwin v The United Kingdom.

11 July 2003 – Publication of the Draft Gender Recognition Bill

The Bill was drafted by the Department for Constitutional Affairs (which became the Ministry of Justice in 2007). A Gender Recognition Division was set up to take responsibility for this, and included the following civil servants:

17 July 2003 – Joint Committee on Human Rights issues call for evidence

The Committee conducted a consultation exercise, inviting members of the public (both organisations and individuals) to submit evidence to the Committee to be taken into consideration in scrutinizing the draft bill. The Committee’s Report includes these written submissions from a range of organisations and individuals. No organisations or individuals representing the interests of FAAB women appear to have submitted evidence to the Committee.

11 September 2003 – Deadline for submission of evidence to the Joint Committee on Human Rights
20 November 2003 – Joint Committee on Human Rights – Nineteenth Report

This Report explains the background to the issues (paragraphs 5 to 8). It then outlines the previous law governing the treatment of transsexual people’s identities in the United Kingdom (paragraph 9), the impact of developments which have already occurred in EC law (paragraph 10), the judicial decisions which revealed the incompatibilities between English law and Convention rights (paragraphs 11 to 16), and the Government’s interim response (paragraphs 17 to 21).

The Report then evaluates the Draft Gender Recognition Bill in the light of the responses to the Committee’s consultation exercise, paying particular attention to the Bill’s adequacy as a measure to remove the incompatibilities identified in the litigation in Strasbourg and England, and particular problems to which the legislation itself may give rise. The Committee concludes that the Draft Bill is likely, with certain amendments, to succeed in removing the incompatibilities with Convention rights identified by the European Court of Human Rights and the House of Lords (paragraphs 23 to 29).

27 November 2003 – First Reading introduced in the House of Lords

The first reading of a bill is only an announcement: the bill is not debated in Parliament at this stage.

16 December 2003 – Government’s response to the Joint Committee on Human Rights’ Nineteenth Report

18 December 2003 – Second Reading in House of Lords

At the Second Reading the Bill is fully debated in the House of Lords for the first time. I am quoting extensively from this debate, but very selectively, in order to highlight the objections raised to the Bill. It is interesting that many of these objectors would now be accused of transphobia and ‘hate speech’. However, none of the objectors could be said to be radical feminists, or feminists of any stripe. If they were, the implications of the legislation for FAAB women would have been stated much more clearly. I am not for a moment suggesting that these people who objected to the Bill are our political allies. Their criticisms of the Bill may echo radical feminist criticisms of transgender politics, but they argue from a completely different foundation, and their interest is in upholding male power in its traditional institutional forms, not in freeing women from male domination. They wish to defend the patriarchal institutions of the Church and of marriage. So it is not my intention here to claim some kind of compatibility of radical feminism with conservatism. None of the objectors to this Bill drew out the implications for women as a class; only brushed against those implications accidentally as you can see in the quotes below.

The Bill is introduced by Labour peer, Lord Filkin, who summarizes the background, rationale and content of the Bill and its progress through Parliament thus far. Next to speak is Conservative peer, Baroness Buscombe, who, although broadly supportive of the Bill in principle, questions why the Bill was not included in the Queen’s Speech:

I am, however, concerned that the Government may be attempting to play down the Bill and to give it a low profile. Why did the Government choose to exclude it from the gracious Speech, despite the fact that it was clearly part of the immediate legislative agenda? The day before State Opening, I was asked for diary availability for Second Reading before Christmas Recess, yet the following day there was no mention of it in the gracious Speech. What was the reason for that?

She goes on to raise the question of the impact of this legislation on the human rights of third parties, and it should be noted that this is as close as anyone gets to considering the impact of the legislation on FAAB women:

There are also fundamental issues of human rights in the Bill, affecting individuals who have not themselves undergone a change of gender but may have their rights compromised by a person who has changed gender. For example, it will be possible for an individual to change their gender without undergoing an operation for a sex change. That person will then be quite within his or her rights, as we understand it, to, for example, share a prison cell, nurses’ quarters or sports changing facilities with others of their chosen gender. Even though there is treatment to modify sexual characteristics, should we not consider the feelings of those with whom that person shares very private areas? Whose human rights take precedence? How does one judge in individual circumstances what is balanced and proportionate? It is very difficult for all concerned.

The next speaker is the Bishop of Winchester (now retired), who picks up on this question of the rights of others. He quotes Lord Reed:

what is possible has to be decided having regard to the interests of others (so far as they are affected) and of society as a whole (so far as it is engaged), and considering whether there are compelling reasons, in the particular context in question, for setting limits to the legal recognition of the new gender

Of course, the bishop’s concern is not for the interests of FAAB women, but rather the Church and particularly the impact of the legislation on the institution of marriage. In this context, he asserts:

If the Bill becomes law as it stands, the words “woman” and “man” will no longer have the meaning that everyone, including the law, has always assumed.

Later, the Bishop casts aspersions on the quality of the judgements (see ‘Background to the Gender Recognition Bill’ above) which led to the drafting of the Bill:

The last two of the three—the ECHR and your Lordships’ House—rely largely on the medical evidence given to the Court of Appeal. However, that court appears to have heard evidence only from three experts, who broadly agreed with each other, and from none who would have offered contrary expert advice. None of the three courts gives any recognition to the fact that these are still highly controversial, contested matters, as I understand it, within the medical professions.

The bishop is followed by Labour peer, Baroness Gibson of Market Rasen, who speaks in support of the Bill, and then by Liberal Democrat peer, Lord Carlile of Berriew. Lord Carlile talks about how he assisted transgender rights group, Press for Change, twenty years previously and outlines his guiding role in an earlier attempt to put forward similar legislation. He then confuses GID/gender dysphoria with intersex conditions as follows:

Sometimes the gender of a new-born baby is far from clear. Very occasionally—and every instance matters—people have been certified—mistakenly, as it turns out—as being male or female, and the full truth of their true gender has only emerged after a number of years.

Like other supporters of the Bill, Lord Carlile insists that the impact of the legislation on the rights of others must be negligible since the number of transgendered persons in the UK is so small (the figure given is 5,000), and only concedes that difficulties relating to pensions, marriage and sport will need to be ironed out at Committee stage. Next to speak is the most vociferous and staunch opponent of the Bill, Conservative peer Lord Tebbit:

Sex cannot be changed. It is no good the Minister shaking his head. Sex is decided by the chromosomes of a human being. If we have XX chromosomes, we are women; if we have XY chromosomes, we are men. I might perhaps accept the Bill if an additional requirement for registering changes of gender were that it had been discovered that those concerned had inappropriate chromosomes for the sex in which they had been registered. That is the only way in which the Bill could avoid telling a lie. So far as I know, there is no law nor any known medical procedure that can change the sex of a human being. The Bill purports to do so. It is therefore an objectionable farce.

[...] Under this Government, we have become accustomed to a certain lack of precision and distinction between what is true and what is untrue, but this is going a long way beyond that. It is of a different order. Not only does it provide that an untruth can be made a truth, that a legitimately and properly attested document may be altered to purport something different, but it provides for the punishment of anyone who dares to speak the truth about the matter.

[...] Clause 12, which can only be described as part of the script of a farce in a theatre of the absurd, states that although a woman may be certified as having been born a man, he or she—I do not know which—remains the mother of her children. What an extraordinary mess; it defies logic. Whatever the noble Lord, Lord Carlile, says, it is clear that the problem, which is very real for some, is a psychological illness, not a physical one.

One of the distressing aspects of the Bill is that it will encourage the practice of sexual mutilation in what are called sex-change operations, when it is impossible to change the sex of a human being, unless one has discovered a way to change his or her chromosomes. The Bill is so bad that it should be taken away, and the Government should think of another way to help people who suffer this acutely distressing psychological illness.

Crossbench peer and paediatrician, Lord Chan (who died in 2006), picks up on this theme (my emphasis):

My Lords, although none of us would argue against the principle of the rights of people, including transsexuals, the Bill is not a satisfactory solution. In view of the detailed and learned speeches of other noble Lords, I intend to focus mainly on the clinical diagnosis of transsexual people and the grounds on which gender recognition certificates can be issued and birth certificates altered. The freedom of third parties must be protected; that is to say, people of the gender that the transsexual has acquired and members of the transsexual’s family.

[...] The medical profession is divided on the issue of transsexualism. The term is used to describe, and has wide international recognition as, a mental and behavioural disorder in the World Health Organisation’s International Classification of Diseases (10th edition). However, there are other classifications, such as in the United States, where the terms gender dysphoria or gender identity disorder are used, but they are also classified as behavioural disorders.

There is no consensus among clinicians about the effectiveness of psychological treatment for transsexualism, but there is evidence that the perceived quality of life of a proportion of transsexuals may be improved by cosmetic and reconstructive surgery, according to a recent review. As the European Court suggests, surgery and prolonged hormonal treatment involve numerous and painful interventions, reflecting an extraordinary level of conviction on the part of the person with gender dysphoria.

Transsexual people feel that they belong to one sex while their biological make-up is clearly that of the other. There is little evidence to show a genetic basis for the condition, because transsexuals have normal male or female chromosomes. Their genital organs are also normal male or female. Difficulties of diagnosis in cases of ambiguous genital organs at birth—so-called intersex syndromes—are rare.

[...] As the condition is so rare, it does not contribute to transsexualism.

Male transsexuals have been reported to have more feminine brain microstructure. It is difficult to determine whether brain structure influences their behaviour, or whether brain changes have come about through long-continued behaviour. An example is that of an unusual study on London taxi drivers, who have enlargement of the part of the brain associated with navigation—that is a genuine study. Studies on enzyme and hormonal abnormalities, physical dexterity and psychological profiles of transsexuals have also been carried out, but there is little consistency between the studies; they are poorly replicable and demonstrate only minor links between sexual behaviour and the variables studied.

The ruling of the European Court supports a situation in which personal feelings and beliefs are given precedence over verifiable medical evidence. In support of that are four reports, which I have read, of men who were labelled as transsexual or having a gender identity disorder, but who no longer feel that they are women, and, a few years later, function normally as men. That demonstrates that the condition of some transsexuals is not permanent or lifelong.

Clause 2, on the determination of applications for a gender recognition certificate, requires two professional reports: one from a registered medical practitioner practising in the field of gender dysphoria or gender identity disorder, and another from a doctor, who need not practise in gender dysphoria, or a chartered psychologist. Other requirements are evidence that the person has lived in the acquired gender throughout a two-year period and an intention to continue to live in the required gender until death. No mention is made of undergoing reconstructive surgery of the genital organs.

It is therefore likely that individuals applying for gender recognition certificates will continue to be men with male sexual organs. About half of male transsexuals have not undergone surgery. If they are then given gender recognition certificates classifying them as females, serious consequences would affect their partners, children and other people, including women who use public toilets. [...]

On this basis Lord Chan argues that SRS should be a requirement:

The commitment of the individual wanting to have gender reassignment should surely need to be evidenced by undergoing reconstructive surgery. That requirement of surgery for gender recognition would give less committed individuals an opportunity to reconsider their position.

[...] More medical research is needed into transsexual people in order to provide them with appropriate support. The Gender Recognition Bill assumes that the condition is already a discrete and clearly agreed medical condition, which is not the case. Therefore, I fear that the Bill would infringe the rights of third parties.

Lord Chan is followed by Baroness O’Cathain, who is just as vociferous in opposing the Bill as Norman Tebbit:

I know full well that there are people who genuinely wrestle with a very strong feeling that they are trapped in the wrong body. Those feelings can become uppermost in the mind colouring every thought and action and feeding permanently on themselves. It must be a veritable living torment.

However, a large body of research and experience composed among others of members of the medical profession, maintains that the condition is a delusion—a fantasy1. The problem is psychological, not physical. Psychologists agree about that. For decades gender dysphoria has been well known as a psychological condition. There is no evidence for changing that view, apart from a form of political correctness. My noble friend Lord Tebbit described that brilliantly. He made a textbook sound utterly clear. I am sure that these views will be challenged, but I draw your Lordships’ attention to a letter in the Daily Telegraph on 15th July last year from medical professionals at the Portman Clinic. It states:

“The experience of many psychiatrists, psychoanalysts and psychotherapists working with transsexual patients is that they are individuals who, for complex reasons, need to escape from an intolerable psychological reality into a more comfortable fantasy. By attempting to live as a member of the opposite sex, they try to avoid internal conflict, which may otherwise prove to be too distressing”.

The letter continues:

“It is a measure of the urgency and desperation of their situation that they frequently seek surgery to make their fantasy real. By carrying out a ‘sex change’ operation on their bodies, they hope to eliminate the conflict in their minds”.

The very important part, according to the eight medical people, is that:

“Unfortunately, what many patients find is that they are left with a mutilated body, but the internal conflicts remain”.

It is only fair to admit that some transsexual people who have had sex reassignment surgery do, indeed, experience some measure of comfort and relief. However, in the absence of any long-term research we only ever hear of the few really convincing and passable transsexual people who appear before the media. They are not generally typical.

At this point, I must take issue with the noble Lord, Lord Carlile of Berriew. He stated that the Bill was about intersex conditions. That is highly misleading. The number of truly intersex cases, globally, is minuscule. The Bill is overwhelmingly about people whose bodies are perfectly healthy and, indeed, who may be fathers. The noble Lord has confused transsexuality with intersex. [...]

Research suggests that the majority of transsexual people experience instinctive human/societal rejection as they are pretty obvious to anyone who deals with them. Let me hasten to say at this point that I certainly do not condone any form of unfair prejudice or discrimination. I can express that no better than the right reverend Prelate the Bishop of Winchester who spoke so movingly on the issue earlier in the debate. The sad thing is that transsexual people often suffer from post-surgical expectations being dashed, still require ongoing lifetime therapy simply to cope and often lead a ghetto-like lifestyle. It should be noted that, internationally, transsexual people are beginning to request reversal procedures having realised that they made a mistake or were badly advised. What will the Bill do to consider the needs of those people?

Transsexual people are not really trapped in the wrong body. The body is healthy and the physical appearance and chromosomes are all in agreement [...]

Transsexual people are born with a gender that fits all known scientific criteria. Just because we have a yearning to be a boy or a girl does not make it so. It is just fantasy, reminding me how we used to pretend to be gnomes or sprites in the early days in the kindergarten sandpit. I have used the word “delusion” before—I use it again. I am sure that I am not alone in questioning whether it is right to go along with transsexual people in this delusion.

Some people shrug their shoulders and turn away from the problem. The implications of the Bill are too serious to permit such inaction, as the delusions or fantasies of a few individuals will be imposed on many. Surely, it is better to help them gently to come to terms with reality, rather than trying to change reality to fit their delusion.

If a person is paranoid and believes that he is being chased by secret agents, we do not hire a 24-hour bodyguard and buy them elaborate security devices. Similarly, if a person suffers from agoraphobia, we do not brick them into their home. Yet, instead of getting them all possible psychological help, surgeons trap transsexual people in their delusion by performing sex re-assignment surgery.

[...] Transsexuality is seen as a privacy issue, until it comes to demanding benefits and coerced responses from the public. The important question that no one seems to care about is the rights of third parties, something that the noble Lord, Lord Chan, drew to our attention. It seems to have been completely ignored by the Joint Committee on Human Rights.

After speaking on the subject of marriage and the right of religious institutions to refuse to marry transgendered persons or allow them to be ordained on grounds of freedom of conscience, the baroness ends by saying:

We must not allow our natural sympathy for those who struggle with a serious psychological problem to blind us to the problems that the Bill will create for other people. If the Government persist in pushing through the Bill, they must make radical amendments to protect the freedom of conscience of those who simply do not believe that the law can declare a man to be a woman or a woman to be a man. It is only common sense and a basic human right for individuals to be free to believe fact rather than fiction, otherwise we are entering a dark future of coerced totalitarian-style law making.

Next up is Liberal Democrat peer, Lord Goodhart, who speaks in favour of the bill:

Gender dysphoria is a condition that causes enormous distress. We believe that the Bill will go some way—by no means the whole way—towards reducing that distress and will cause no foreseeable harm.

This view – that the Bill is an entirely benign measure affecting only a tiny number (the figure given is 5,000) of transgendered people in the UK – is one espoused by all who speak in support of it. It is also viewed as a progressive measure: Lord Goodhart goes on to compare it to the decriminalization of homosexuality:

Views on sexual behaviour and the nature of sexuality in law have changed radically. Forty years ago, homosexual acts between consenting adults were criminal offences. It would be unthinkable for us to go back to the conditions of 40 years ago.

Lord Tebbit rebuts this:

Does [Lord Goodhart] not recognise that while there is a perfectly respectable case to be made for the law to be changed in relation to those matters, it is a very different matter when a Bill is introduced to change the law relating to a person’s sex? This involves that which cannot be true; that is, a person with a double-X chromosome is not, in fact, a woman, but is a man. Does the noble Lord not understand the difference between those two types of legislation?

To which Lord Goodhart responds:

[...] our belief is that we should recognise that there is a group of people who while, biologically (chromosomally perhaps) are of one sex, are socially and in other respects—psychologically—of a different sex. In those cases, I believe that it is legitimate. It obviously is not compulsory, but it is legitimate for the Government to take the view that they should be treated in relation to the sex to which they socially belong and not to their chromosomal sex.

After briefly stating that the only problems with the Bill are relatively minor ones relating to marriage, pensions and sport, he finishes his contribution by saying:

This is not an easy issue. The issues raised by the noble Lord, Lord Chan, unquestionably, are important and show that opposition to the Bill is by no means irrational. As he said, the medical profession is divided. It is well known that gender reassignment is not always successful. Ultimately, I believe that this Bill will help a group of people who suffer from a problem that is deeply painful for them and it can assist without unavoidable damage or injury to them or to other people. The injury to other people is not caused by recognition; it is caused by their involvement in a problem which may involve a dearly loved partner and which causes them great distress.

There is an acknowledgement that there are rational grounds for opposing the Bill; that there is no scientific/medical consensus on transgenderism upon which the law can be based; and that there is evidence that some transgender people later regret their transition. And yet, because no serious account is taken of the impact of the legislation on the rights of others (namely FAAB women), these problems are regarded as trivial.

The next speaker is Conservative peer Lord Moynihan, Shadow Minister for Sport. As such, his contribution focuses on difficulties raised by the proposed legislation for sport, arguing for a “full exemption” for sporting bodies:

The Government’s position is clear: under the Bill, a trans-gender man or woman is as much a man or woman as anyone else. To prohibit them from competing in their acquired gender at any level would therefore fall foul of any number of human rights such as, for example, Article 8 covering the right to respect for private life. Cases are already in progress in which transsexual athletes are claiming that their exclusion amounts to restriction of employment. If a Bill is passed which would prohibit them from competing, that would provide a beanfeast for lawyers—a point I made earlier this week.

Why is that? It is because Ministers, including through collective responsibility the Prime Minister and the Minister responsible for sport, are seeking de facto today to redefine what constitutes “male” and “female”. In sport the law has sensibly regarded male and female as determined by biological appearance, testosterone levels and chromosomes. Today, a new and overriding criterion is being proposed. As a result of the condition of sexual dysphoria, that condition is to be treated, in summary, as, “My gender is what I think it is”.

Winding up the debate, Lord Filkin responds to some of the questions asked and objections raised. In his closing statement he says:

We should be legislating on the issue, irrespective of any ECHR judgment, because it is part of the response of a civilised society to recognise the differences in that society in ways that do not infringe the rights of others.

This statement clearly demonstrates the (no doubt sincere) belief held by the Bill’s proponents that the proposed legislation is progressive and benign, and that any infringements on the rights of others relate only to minor matters which can be ironed out as the Bill progresses. This attitude is underpinned by an assumption that substantive sex equality is a reality, and therefore that the rights of FAAB women do not need to be considered.

See also: Liberty’s briefing on the Gender Recognition Bill for Second Reading in the House of Lords (Dec 2003) (PDF 170Kb)

8 January 2004 – Bill referred to Committee Stage

Parliamentary formality: no debate.

13 January 2004 – Official Report of the Grand Committee (Day One)
14 January 2004 – Official Report of the Grand Committee (Day Two)

Extensive discussion of amendments to the Bill.

19 January 2004 – Written Answers (House of Lords)

All questions from Lord Tebbit and answered on behalf of the Government by Lord Filkin:

Q: Whether they intend to legalise marriage between persons each possessing the XX chromosome (or each possessing the chromosome) and each possessing the genitalia of the same sex.

A: The Government believe that marriage should only be possible between people of opposite gender in law.
The Gender Recognition Bill will enable transsexual people who have gained legal recognition in their acquired gender to marry someone of the oppposite legal gender. Whether a transsexual person is able to marry someone of the opposite legal gender will depend on their gender in law and not their chromosomal make up or whether they have completed sex reassignment surgery. Marriages contracted by transsexual people once their change of gender has been legally recognised will be valid marriages between a male and female.

Q: Whether they attribute the same meaning to the word “sex” as to the word “gender”. 

A: No. It is, however, a fundamental proposition of the Gender Recognition Bill that, following legal recognition in their acquired gender, a transsexual person will be regarded in UK law as being of the acquired gender for all purposes and that in law that acquired gender will be the same as any legal definition of their sex. This means that, following legal recognition, if the acquired gender is the male gender, the person’s sex in law becomes that of a man and if the person’s acquired gender is the female gender, the person’s sex in law becomes that of a woman. Where under any legislation it is necessary to decide the sex of a person who has an acquired gender, or to say whether that person is a man or a woman, or male or female, the question must he answered in accordance with the person’s acquired gender.

Q: Whether they are aware of any cases of persons certified at birth as male who have given birth to children. 

A: I am not aware of any cases of persons certified at birth as male who have given birth to children, nor is any record kept.

Q: How many people have changed their sex in the last five years for which records are available. 

A: According to data collected by the Department of Health from primary care trusts in England, there were 364 finished admissions for operations for sexual transformations in the NHS between 1998 and 2003. That figure does not account for those being treated within the NHS for gender identity disorders, but who are yet to receive in patient care. Records are not available for the number of people who have undergone, or are undergoing, sex change treatment abroad or in private practice.

Q: Whether they will make it a criminal offence to lie when a person is asked about his or her biological sex by a member of the clergy in connection with a marriage ceremony. 

A: There is nothing to prevent a minister asking a parishioner whether they have lived previously in another gender. Whether the parishioner chooses to volunteer the information, or answer a question that has been asked, is a matter for that individual and for the relationship between the parishioner and the clergyman. This is not an area in which the state should get involved. Ultimately, it seems unlikely that a person who has changed gender would place him or herself in the embarrassing position of forcing the issue before a minister who, in conscience, did not want to marry him or her. The Government agreed in Grand Committee on 14 January to look again at the detail of the “conscience clause” within the Gender Recognition Bill and to consider providing further protection for the conscience of the clergy.

Q: Whether it will be possible for biological male persons whose births have been registered as female under the Gender Recognition Bill to be charged with, and found guilty of, rape of a female person.

A: A transsexual person who has been legally recognised as a woman by law in the UK under gender recognition legislation could be charged with, and found guilty of, the rape of another female person. The Sexual Offences Act 2003 in England and Wales is very specific about the relevant act, rather than the gender or sex of the defendant or complainant. Because many sexual offences in Scottish law remain gender-specific, the Gender Recognition Bill includes a clause relating to Scottish gender-specific offences. Northern Ireland is currently reviewing its legislation on sexual offences with the intention of recasting this to be gender neutral.

20 January 2004 – Written Answers (House of Lords)

Question from Lord Tebbit answered on behalf of the Government by Lord Filkin:

Q: What objective tests they expect to be applied following the enactment of the Gender Recognition Bill in the determination of the sex of persons who are litigants in civil actions or the accused in criminal actions where that is a relevant matter under the law.

A: The general principle of the Gender Recognition Bill is that a transsexual person’s acquired gender will be recognised in UK law for all purposes from the date of issue of a certificate of gender recognition by the Gender Recognition Panel. Clause 9 of the Bill clearly states that, if the acquired gender is male, the person’s sex becomes that of a man and if the acquired gender is female, the perons’s sex becomes that of a woman. Therefore, the sex of persons who are litigants in civil actions or the accused in criminal actions will be taken to be the gender in which he or she is recognised by law.

21 January 2004 – Order of amendments
27 January 2004 – Written Answers (House of Lords)

Lord Moynihan asked Her Majesty’s Government:

(a) how many national governing bodies of sport and recreation were directly consulted about the impact of the Gender Recognition Bill on sport and recreation; (b) which national governing bodies responded to the consultation; (c) on what date the consultation letters were sent out; (d) what was the closing date on which submissions had to be submitted; and (e) when and how they will announce the results of the consultation exercise; and [HL849]

Whether they will provide a breakdown of the responses they received to their consultation on the impact the Gender Recognition Bill would have on competitive sport.

29 January 2004 – Report Stage

The House of Lords debate the report of the Grand Committee (see above). Reading from a feminist perspective, it is remarkable that the terms of this debate are so confused and ill-informed, something that could have been avoided if the Government had seen fit to consult those who developed the concept of gender: that is feminists.

Lord Tebbit opens the debate by moving an amendment to change all instances in the Bill of the word ‘gender’ with the word ‘sex’. He explains:

There is a major defect in the Bill in its confusion over sex and gender. Is the Bill about a change of sex or a change of gender? In the words of the noble Lord, Lord Filkin: The Government do not base their argument that there is a simple or conclusive medical definition on whether a person is of one gender or one sex or another”.—[Official Report, 13/1/04; col. GC5.] That is a view that many people outside this building would find remarkable. He has made it plain that even when the biological evidence—which is not a single test, but three tests, those of chromosomes, genitalia and gonads—points conclusively to a person being of one sex he, like Lord Justice Thorpe, would allow the one subjective test of what a person thinks, perhaps as a result of a psychological disorder, to decide whether he or she should be regarded as male or female. The overriding test would be the subjective one as opposed to the objective one.

Then, in a masterly and concise summary of the Government’s position, at the same column he went on to say: I do not wish, partly out of ignorance but partly because I do not think that it is central to our debate, to engage in the great medical diversity on this matter”. At heart, the Government’s view is that this is a legal issue. I notice a nod from one of the lawyers in the House. It does not make sense to say that a person’s sex is decided by the law, as opposed to biology. However, I am always willing to offer a way out. I am willing to give the noble Lord, Lord Filkin, the benefit of the doubt and to offer him the chance to use the word “sex”, rather than the word “gender” in the Bill. I hope that he will now do what he would not do in Committee and will tell noble Lords what he thinks to be the difference between the two, why he regards the word “sex” as inappropriate and why he prefers the use of the word “gender”.

In order to try and help him, I have also tabled a new amendment, Amendment No. 128, which adds to the clarity of the Bill by offering clear definitions of gender and sex. This will improve the Bill, whatever other amendments the House chooses to make. I would be happy to add to the definition of gender in the amendment that I have tabled, Amendment No. 128—I shall direct the attention of noble Lords to it. I have suggested that in the definitions clause we should add that: ‘Sex’ means the biological categorisation as male or female by virtue of chromosomes, genitalia and gonads. ‘Gender’ means the social and cultural categorisation as male or female by virtue of personal choice or lifestyle”.

Note Lord Tebbit’s suggested definition of gender as a “personal choice or lifestyle” here. Tebbit is rightly drawing attention to the Government’s failure to define its terms and its conflation of ‘sex’ and ‘gender’ in the Bill. While obviously this is not a feminist definition of gender, what Tebbit seeks to do here is to expose the way ‘gender’ is (implicitly) defined in the Bill.

[WIP]

3 February 2004 – Report Stage

House of Lords debate the report of the Grand Committee (see above)

10 February 2004 – House of Lords Third Reading and Written Answers (House of Lords)
11 February 2004 - Further question in the House of Lords
12 February 2004 – Written Answers (House of Lords)

Lord Moynihan asked Her Majesty’s Government:

Further to the Written Answer by the Lord McIntosh of Haringey on 27 January (WA 37–38), whether they will provide a summary, which protects the confidentiality of respondents, of the responses from sports bodies to the consultation on the Gender Recognition Bill, with particular reference to whether sports should be exempted from the Bill; and [HL1161]

Further to the Written Answer by the Lord McIntosh of Haringey on 27 January (WA 37–38), whether all respondents to the Department for Culture, Media and Sport’s consultation on the Gender Recognition Bill requested that their responses be treated in confidence; and, if so, whether it is appropriate to publish the names of organisations which have requested that their responses be treated in confidence.

17 February 2004 - RP04-15 – House of Commons Research Paper (PDF 478Kb)

Summary of proceedings thus far.

23 February 2004 – House of Commons Second Reading

House of Commons debate the Bill for the first time.

9-16 March 2004 – House of Commons Standing Committee Proceedings
20 May 2004 – Joint Committee on Human Rights – Twelfth Report
25 May 2004 – House of Commons Debate on Amendments
8 June 2004 – House of Lords Consideration of Amendments

In which the amendments put forward by the House of Commons are considered.

1 July 2004 – GRA given royal assent and passes into law – The Gender Recognition Act 2004

Other Links

30 September 2002 – Croft v Consignia plc

In Croft v Consignia plc (30 September 2002), the EAT holds that a pre-operative male-to-female transsexual was not discriminated against on grounds of sex when she was denied use of female communal toilet and changing facilities.

2007 – Russell Reid inquiry Q & A

The UK’s best-known expert on transsexualism, Russell Reid, faced a General Medical Council disciplinary hearing into allegations that, between October 1984 and August 2003, he breached standards of care by prescribing patients with sex-changing hormones and referring them for genital surgery without adequately assessing them. Two of the patients told the inquiry they regretted changing sex.


Notes

1. An echo of the view expressed by former transgender activist, Terri Webb, who is quoted in Sheila Jeffreys’ 1997 paper ‘Transgender Activism: a lesbian feminist perspective‘: “I have heard a psychiatrist give the opinion that if a man comes to him and claims to be Napoleon he does not attempt to cure him by amputation of one of his arms. The question we should now be asking ourselves is whether we have the right to pretend to be women, not what “rights” the rest of the world should give us in order to go along with our fantasy.” Taken from the book Blending Genders: social aspects of cross-dressing and sex-changing.


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Ensuring Fairness: a response to the Transgender Action Plan


http://ensuringfairness.wordpress.com/

Our aim is to ensure fairness for born-females, and to determine that born-females are not further disadvantaged by legislation or directives that prioritise other groups over born-females.

This site, set up by the Informal Coalition for Women’s Equality, contains many useful resources related to transgenderism with a focus on the UK.


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Sheila Jeffreys on the UK Gender Recognition Act 2004

This article by Sheila Jeffreys was published in The British Journal of Politics and International Relations in 2008. The abstract reads:

This article is a critical feminist analysis of the UK Gender Recognition Act of 2004. This Act is radical in enabling transgenders to gain certificates recognising their new ‘acquired gender’ without undergoing hormonal or surgical treatment. The Act has considerable implications for marriage, for motherhood and fatherhood, for women who are the partners of men or women who ‘transition’ and for ‘women-only’ spaces. It is based on confusing and contradictory notions of the difference between sex and gender. As such it should be of great interest to feminists but there has been a dearth of feminist commentary. The understandings of sex and gender and of the importance of the Act will be explored here through analysis of the parliamentary debates and public responses.

Concluding the section of the article on the implications of the GRA and of transgender politics in general for feminism, Professor Jeffreys writes:

I argue here that the transgender activist movement, in the form both of ‘traditional’ transsexuals with a belief in biology and patriarchal gender roles, and of queer theorists who fail to criticise this biological determinism and advocate on behalf of transgenderism, can reasonably be categorised as a gender preservation movement. For those feminists such as Raymond, Hausman and Mackinnon, on the other hand, who identify gender as a hierarchy which needs to be destroyed before women can be free, feminism is a gender elimination movement.

Download the PDF (120Kb): They Know It When They See It: The UK Gender Recognition Act 2004

See also:

The UK Gender Recognition Act 2004: timeline with links

Sheila Jeffreys


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Transcript of F-Word interview with Sheila Jeffreys: ‘Where have all the radicals gone?’

Meghan Murphy’s F-Word Interview with Sheila Jeffreys, 10 April 2011

Excerpt from ‘Where have all the radicals gone?’, broadcast on rabble.ca in 2011 and available to listen to here:
http://rabble.ca/podcasts/shows/f-word/2011/04/where-have-all-radicals-gone-when-feminism-gets-moderate

This interview is about an hour long and covers many topics, so I have added subheadings for ease of reference. Because it was an interview conducted by phone, the sound quality isn’t brilliant and therefore I had difficulty making out a few words: I’ve indicated any inaudible words in the transcript below. Thankfully there are few instances of this and the overall meaning is still clear.

Contents

[transcript]

[Why radical feminism is misunderstood]

MM: I’ve noticed that a lot of radical feminists, a lot of well known radical feminists, have spent much of their time and energy in their lives and continue to spend much of their energy simply trying to dispute and clarify misinformation about their beliefs and about their work, one obvious example being Andrea Dworkin who continues to be misquoted and misrepresented over and over and over again. I imagine that you’ve experienced this as well and I’m wondering why it is from your perspective that radical feminism has been so deeply misunderstood and misquoted and misinterpreted.

SJ: Yes, I think one reason is that radical feminism questions things that are so deeply understood as assumed within heteropatriarchal society that they almost cannot be understood, and so for instance Andrea Dworkin is always quoted as saying that all PIV sexual intercourse is rape, which is not precisely what she said, and I’m now being quoted on the internet as saying precisely the same thing, which is certainly not precisely what I said. So I think it’s because both of us have criticised the construction of PIV sex as what sex is under male domination, and we have criticised the harmful effects upon women of that practice and we’ve said that it’s not really in women’s interests – and that is so extraordinary, that is so out of the blue in a heteropatriarchal context that it cannot be understood. The criticism can’t be understood and therefore it has to be that we are somehow loonies. I think that’s one reason and that would go for a lot of the other things we say as well, for instance, transgender is a big issue at the moment – I might say a little more about that in a moment. I’m accused of being transphobic for instance when I’m actually criticising the social construction of transgenderism, or even saying it’s socially constructed. Because some things become so accepted and so normalized that they cannot be criticised without people thinking that you must actually be mad or recovering from a mental health problem yourself, because of course a phobia is about some kind of irrational hatred.

I think there may be other reasons – I think for radical feminists being badly misunderstood, I mean there’s stuff on the internet about me having beaten people up in public places, which is kind of extraordinary because I never havelaid a finger upon anybody. I think sometimes that’s because people are aware of the sort of things that I argue, and then in some situations they feel perturbed because my arguments may seem to make sense but they’re involved in doing things very different from that, and therefore I act as some kind of – I dunno – some kind of conscience in their minds and therefore they sort of invent me and invent me doing all kinds of things which is rather strange. It’s the only way I can begin to understand that. I’ve even apparently made extraordinary visitations at various places that I never even appeared at, and it seems to have been imputed to me that I’ve said to people at those events – because they’re things that people feel slightly anxious about I think, so it is very strange.

MM: Yeah, strange and frustrating –

SJ: It is pretty frustrating – I’ve just had to get used to the fact now that all sorts of things are said about me as they are about any other radical feminists who speak out – you have to accept that you’ve lost control of who you are and your image and sense of self, on the internet that’s certainly true. I just hope that there’s enough people with good sense to be able to work their way through that, that’s all I can hope for.

MM: Yeah I mean that happens even to me online as a blogger and as someone who podcasts and talks regularly about radical feminism and I just can’t imagine having to deal with the extent of that which you have to deal with. I’m wondering if you could maybe elaborate a little bit more – I’m glad that you brought up the issue around transphobia because it is something that radical feminists are constantly being accused of and it’s not accurate for the most part, I’m wondering if you could speak to that a little more.

SJ: Well it’s hard to be accurate since radical feminist challenges and criticisms to transgenderism as a practice are nothing to do with an irrational hatred of that practice, therefore transphobia cannot have any meaning – transphobia’s like arachnophobia, an irrational hatred of spiders (I actually quite like spiders) – so, it doesn’t make any sense at all. Attaching ‘-phobia’ to the end of something is a way of trying to traduce and make seem mad anybody who could possible have any criticism. It’s really unacceptable. Islamophobia is used in the same way as transphobia is used, it’s about eliminating all possibility of political criticism by saying that the person has a kind of madness if they utter any. And that’s very problematic. [back to top]

[The radical feminist critique of prostitution, pornography and PIV sex]

MM: I know that one of those foundational concepts and one of those foundational criticisms within radical feminism, you know, for the past forty years I would say has been around prostitution and pornography as violence against women. So I’m just wondering if you could for the sake of our audience provide a clarification of this concept.

SJ: Yes. I think the reason people have such difficulty understanding prostitution as violence against women is that the understanding of sex in heteropatriarchal culture is that a woman lies there thinking of something she’s going to do the next day while the man puts a penis into some part of her body and gains his pleasure in that way. Now that is extraordinary because of course it’s not egalitarian, it’s extremely problematic for women, and I suspect, indeed I know it’s the sex that an awful lot of heterosexual women have in their marriages, and indeed in many parts of the world, in many communities that’s the case. Now considering that’s the case of course that is the sex of prostitution, which is a man using the interior of a woman’s body for his pleasure while she lies there trying to survive, dissociating, and he’s not recognising her personhood or her status as a human being. Now since that’s the sex of prostitution, if many women understand and many men of course certainly understand that to be what sex is, they cannot see the violence in it. And I think that’s a huge difficulty.

Now, when I argue that the sex of prostitution is violence, I have many examples from where I live in Australia where prostitution in brothels is legalized, in the state where I live – Victoria – that is the case, then you can see the violence of it when you look at the occupational health and safety codes which are on a local government website here to advise women in the industry what to do and how to keep themselves safe. For instance one of the things that it says is – and this is about the ‘ordinary’ sex of prostitution, I’m not talking about the rape and violence that’s unpaid for that women experience, but simply the violence that they experience in their ordinary everyday life – one of the pieces of advice is that women should be careful when using local anaesthetic in the vagina because this can hide more difficult injuries. Now the fact that it’s simply accepted that women are using local anaesthetic does suggest that something is happening which is problematic. Experiencing pain in the interior of the body, it seems to me, makes it very clear that prostitution is violence. One of the women in prostitution in this state who wrote about her experience, she was an English graduate who’d been on drugs and went into prostitution, talks about the difference between street prostitution where she only had to do oral sex and doing it in a brothel where she had to do vaginal and also anal sex. And the vaginal sex was so much more painful, she said, and the anal sex was like having a red hot poker straight up through the body. It seems to me that that should very clearly be understood as violence, unless of course people understand that as the ordinary sex of their lives and therefore they cannot see what the problem is with it.

In prostitution women are used simply as a tube, as an instrument, and of course women are not instruments – women bleed because their vaginas are abraded and bleed, also the way that women have to survive their experience which is that they have to emotionally dissociate from their bodies to survive and if they don’t do that they really cannot survive in prostitution for a very long time at all – [all this] shows us that it’s violence, because who else has to do that? Well it’s most commonly associated with child sexual abuse and we do generally understand that to be violence. So there is so much about prostitution that makes it very clear that it’s violence. I really think the only reason it’s not understood as such is that unfortunately too much of the ordinary sex of male supremacy is the sex of prostitution more generally. So that some women can say things like “well I might as well get paid for it” – because that is what they experience on an everyday basis, which is coercive sex. [back to top]

[‘Feminist pornography’]

MM: Along those lines, I often feel – and I know other people have written this and said this but I can’t remember who exactly at the moment – but pornography today feels even more dangerous, even more violent, even more degrading, even more sexist than it ever was before when these arguments were first developed. And yet today many of those feminists who I identify as ‘sex positive’ feminists argue against anti-pornography discourse on the basis of what some call ‘feminist pornography’ which they claim has maybe interrupted pornography as violence against women. And I’m wondering what are your thoughts on that argument and I’m wondering – I would never want to use a term like ‘feminist pornography’ – I’m wondering what you think about that term, whether or not that would be considered an oxymoron to you?

SJ: Yes, I have written in the past about written pornography, particularly supposed lesbian written pornography – in the 1980s there was the development of the lesbian sexual revolution as I called it, when some women, usually who had experience in the sex industry and had been strippers or prostituted or in pornography themselves, and therefore abused and violated for often a considerable amount of time – they sought to take those practices into lesbianism and even into feminism more recently – when I looked at the magazines, the supposed lesbian pornography magazines, that were supposedly now feminist and empowering and so on in the 80s, I actually cried. Some of them were about things like a woman sitting on a chair with no bottom in the chair and there’s a candle under it and the heat is actually heating her vulva and … I cried, I couldn’t believe that this kind of stuff which is actually the terrorism of women, the terrible cruelty of women could be called ‘empowering’. But it was, and I think it was because a lot of those women had had very terrible experiences and reproducing those experiences in sado-masochism and various abusive practices towards women was kind of something that they couldn’t get out of. It was the days when we were told that sado-masochism was actually useful to women who had experienced child sexual abuse because it was ‘cathartic’ for them, not at all the case of course because they were then locked in cycles of violence that they couldn’t get out of. So in terms of written pornography, I think one woul d need to look at what is being described in order to work out whether it’s feminist or not, and very quickly when you look at it, it seems very clearly about punishing women, about masochism and so on.

If we’re thinking about visual pornography, video pornography and so on, generally that is made by women who have been in the industry – the only way to get out of the industry, because there’s not much of a career structure, is to become somebody who makes the pornography themselves and I have quoted in some of my material women who have been very severely abused in pornography who, when they start to make it, also do things like slap other women and say “yes the violence is real” and so on – they admit what’s going on. But then of course there’s some who say they’re really doing something different and yes, they were in pornography for years, but they’re doing something that’s completely different. I think the difficulty with it is that real live women are being used in it – it’s not just written pornography that’s a fantasy – women’s bodies are not machines and therefore in order to do the things which are done to the women in pornography, they have to take painkillers, as well as of course enemas, as well as drugs to allow them to dissociate and so on – they have to experience very problematic practices over long periods of time, and it takes hours and hours to make the pornography during which they’re having to dissociate because it is not some joyful sexual encounter they’ve leapt into, having surprised each other behind a bush – there’s cameras and teams and hours of production. So there’s abuse of women going on in visual pornography – I don’t have any doubt about that – whether it’s supposedly feminists who are making it or not. It’s possible that there’s less actual severe violence – I’m not in a position to say – but nonetheless, whatever forms of penetration are going on, that’s extremely problematic because women are not polyethylene tubes or whatever, they’re not machines. [back to top]

[The significance of the term ‘sex work’]

MM: I also wonder – I know that in The Industrial Vagina, your recent book, you discuss the ways in which many theorists and researchers who call themselves feminists have altered both the terminology as well as the discourse surrounding prostituted women. I think one key aspect of that is the popular use within progressive circles of the term ‘sex work’ as opposed to prostitution, or ‘sex worker’ as opposed to prostituted women. How have you witnessed that change come about and what do you think are the repercussions of the use of this terminology?

SJ: In the 1980s when the term ‘sex work’ got taken up particularly by organisations like Coyote in the States – ‘Cast Off Your Old Tired Ethics’ – which purported to be a prostitutes’ rights organisation, and by some groups in the Netherlands – in theory this was simply to get rid of the stigma attached to prostitution by giving it a more positive name. You cannot of course get rid of the stigma attached to prostitution because you can’t change the power dynamic that’s going on, which is women’s bodies are being invaded by men’s penises for money with harmful effects upon those women – you can’t massage that out of existence, but the idea was if you changed the word in the head that it would somehow be possible to make that different. Now what happened from the late 80s into the 90s was that the sex industry itself, which in neoliberal times was being deregulated as something that might reasonably be on the market, as indeed absolutely anything could be – body parts and so on – as that process was taking place the sex industry found it very useful to be able to use the term ‘sex work’ because feminists, or supposed feminists (I’m very doubtful about that) had given them this term and therefore they were able to use it to make the industry completely respectable to the point where now you can’t really speak against ‘sex work’ without being seen to be insulting to the women who are involved in the industry. In other words, to draw attention to the harm is seen as being insulting to the women that are being abused.

To give an example of how useful it is to the industry, the Prostitution Control Act in this state which is from 1994 and which set in place the particular system of regulation of licenced brothels that we have here, the language of the name of that act was changed in December last year to the Sex Work Act. And that is doubtless because of the pressure of the industry – having it even called prostitution makes their industry seem slightly grubby and not acceptable. So they’ve now got the language changed so there cannot be a criticism – you can’t criticise somebody’s ordinary work. I think that’s why the term has become so important. [back to top]

[‘Victim feminism’]

MM: Thank you. I wanted to talk a little bit about – I know you’ve written about this also – back in the early 90s when Naomi Wolf and Katie Roiphe’s analysis of what they termed ‘victim feminism’ – I see that as having a significant impact obviously on feminist discourse at the time and I think that it’s kind of continued on and impacted the way in which we talk about words like ‘choice’ and ‘agency’ within contemporary feminist discourse. And I also see that as having tied in to this divide between feminists today, whereas then it may have been more ‘victim feminism’ versus ‘power feminism’, as they called it, today it seems like it’s ‘sex positive feminism’ versus radical feminism, which of course implies that radical feminism is anti-sex. I know that you wrote a little bit about this new feminism in Beauty and Misogyny so I’m wondering if you could talk about maybe your response to these arguments for ‘power feminism’ or ‘sex positive feminism’, or this kind of feminism that I think is trying to make feminism seem ‘fun’ or ‘positive’ as opposed to negative, and how that discourse has impacted contemporary feminism.

SJ: Well … the [inaudible] of Katie Roiphe and Naomi Wolf in the early 90s was clearly straightforward liberal feminism. There was absolutely no recognition there that there was any structure, any structural oppression involved in the oppression of women. It was just ‘all women are potentially equal individuals who should just be a bit sturdier in acting out their empowerment and free will’. Obviously liberal feminism, and you wouldn’t have expected that to have been taken up as it has by so many people. Because the problem is the issue of agency and structure, which is a long-time debate within political theory … it’s usually the marxists and the theory of the left who talk about structure, who say there are structures of oppression and that racism, sexism, classism are structural – they’re not simply about people not being prepared to exercise their free will enough. And agency comes from the idea of free will – it’s a completely liberal idea, the individual should be able to exercise their free will. I know that has been used on the left a little bit in terms of saying that agency should be seen as resistance – we can see agency when people rise up and resist – the fact that a feminist movement exists shows that women collectively have some agency, but that is an issue of collective agency and that’s a little bit different from individual agency which these days, I think, has come to the point where I often say agency is seen as getting out of bed in the morning. If a woman has at least got out of bed she’s got her feet on the ground. But that’s the point to which agency as a concept has sunk I think on the vast majority of the left in particular.

But I must say, this issue of ‘victim feminism’ goes right back to the early 80s. I remember in London in the early 80s going to the launch of The Feminist Review, that’s the socialist feminist journal in Britain, quite a significant one, they had a launch of this sex edition – and in that sex edition it was all about sex and power and how to express power in sex and about choice and so on – absolutely no structural analysis of sex. And I was very shocked, because I, like Catharine MacKinnon and many other feminists, came to our feminism out of a socialist feminist or marxist feminist place. So we had an understanding of structure, and suddenly when it came to sex, the socialist feminists that we might’ve expected better of, who were often our friends, lost their understanding of structure entirely. It was indeed as if, as Catharine MacKinnon said, sexuality came from the stork – it came from nowhere, it was not formed out of any structures of power and it was completely unproblematic and the only problem with sexuality was that it was sometimes repressed by the state. Not that it played any part in the subordination of women or was constructed out of women’s oppression.

So unfortunately ‘victim feminism’ is not just something that is just part of the attack on radical feminism by liberal feminists but even goes back to socialist feminists. So radical feminists, it seems to me, have no friends on the issue of trying to describe the political construction of sexuality – it is understood nowhere except by radical feminists. And that’s why these issues of choice and agency in relation to sexuality  – and indeed marriage in many cases – are so problematic. Liberal feminists go further and say of course that women are in an entirely reasonable position to choose absolutely everything about what they do with their bodies, in their lives and so on – socialist feminists may well have a more nuanced analysis of some of those things, but not sex. Usually not sex. [back to top]

[The impact of neoliberalism on feminism]

MM: That’s interesting actually because I always thought about it in terms of neoliberalism, this neoliberal ideology having so deeply impacted feminism today, that third wave feminism is much more focused on individual choice versus collective choice and agency than I would like it to be. How do you see neoliberalism as having impacted on, I suppose, third wave feminism today?

SJ: I think it has, but I think it’s not the origin of the problem because in the sex wars of the 1980s socialist feminists in particular were taking the position that sex was not politically constructed, and that sado-masochism was perfectly fine and that women could express their agency doing this that and the other. So that was before neoliberalism really took a hold. So that what is deeper than that really is the problem of being able to see that sexuality is political at all, as Catharine MacKinnon so beautifully points out. I think that yes, from the late 80s and into the 90s as the ideology of neoliberalism took hold and as extremely conservative neoliberal governments in America and in Britain for instance started to use the idea of choice to justify everything. Like the destruction of the state school system in the form of ‘parents should have choice’, so choice was given as the reason for the destruction of everything which could actually require state responsibility and better citizens’ rights. So choice and consumerism was absolutely the message that was given by these neoliberal governments, and that fitted nicely into the ways that so called third wave feminism was developing, which was it was about consumerism, about destroying the body through various practices of body piercing and being harmed by various sexual practices which were seen as chosen in the industry of prostitution and so on. It was no longer possible at all to use structure, but in terms of sexuality that has not been well recognised anyway. [back to top]

[Marriage]

MM: I wanted to talk to you about the issue of marriage, the institution of marriage because as far as I can tell you seem to be one of the few who continues to write about the need to abolish marriage today. And I do find myself continually surprised by not only the way marriage continues to be the norm and continues to be kind of expected today when it’s pretty unnecessary, but also by the way in which many mainstream feminists have tried to frame marriage as a feminist act. I’m wondering if you’ve noticed this and what your thoughts are around that.

SJ: I had no idea that mainstream feminists, or any of them, were trying to frame marriage as a feminist act, I haven’t caught up with that. I do know that many lesbian and gay activists including some lesbians who might call themselves feminists have been pursuing marriage as if there were something useful and even possibly progressive about it, and that’s been very very problematic. The idea that marriage is something people might actually want as a progressive agenda has been very difficult for those of us who wish to criticise marriage. The whole gay marriage push has made it much more difficult to say what is wrong with marriage – it’s become unintelligible in fact, and I have young students around campus trying to give me things about demonstrations on gay marriage or to sign petitions on gay marriage and I say “Look, I’ve been with my partner for 25 years, I’m completely happy and why would I get married, and I’m a feminist and I oppose marriage” and they look at me as if I’ve stepped out of the ark, but I happen to think that the feminist analysis is rather more radical than theirs.

I mean, if we look at where marriage has come from and the way in which it is still organised in the vast majority of the world, women are exchanged in marriage by men between themselves in order to gain money because women are sold in marriage very generally throughout the world. They’re exchanged in order to create relationships between families. The women then have no control over their own person – there’s a very tiny minority of countries in the world that even have the possibility of marital rape being an offence even at this time – women’s bodies were owned by men in marriage entirely, women have no choices whatsoever in the vast majority of the world about things like whether they can leave their home. In the Lebanon for instance marriage laws for christians and muslims women have to have their husband’s permission to step outside the door of the house. Now this is old fashioned marriage, yes, but it’s where marriage comes from.

People are saying today that marriage is not oppressive – if it’s not oppressive at all and retains none of those problematic elements then why is anybody getting married anyway, there’s absolutely no need to do so. If it doesn’t offer advantages based on the fact that it’s a heteropatriarchal institution then I don’t really understand why anybody would be doing it. Obviously we need to be moving forward to a situation where people’s relationships with each other can be recognised, because that’s important in some ways, without using the idea of marriage. Without using an extraordinarily heteropatriarchal institution. I remember in the 1970s the wonderful campaign in the UK called ‘Why be a wife?’ – there were posters everywhere and pictures of women chained to sinks saying they start off in his arms and end up being chained to a sink – we understood what marriage was. That seems to have gone. But of course we are talking now, with the strong awareness of the fact that there’s been 20 more years of very serious backlash against feminism, socialism, all kinds of possibilities of radical critique of consumerist, capitalist society and its most heteropatriarchal aspects, so we’ve had this time of very serious backlash so it’s not surprising really that all of these critiques have been forgotten. If so few people now in western society are not oppressed in their relationships then why the hell are they doing marriage? They can do something else. [back to top]

[Gender and transgenderism]

MM: Yeah, exactly. And along those lines you’ve suggested specifically that there’s been a repudiation or perhaps forgetfulness of the feminist critique of marriage that was so well developed  in the 70s so I’m wondering if you see this as being more generally applicable to radical feminist critiques of dominant ideology as a whole. Do you think we’ve just forgotten how powerful much of this theory is, or was, and how applicable it continues to be, or do you think that it’s more intentional than that?

SJ: I don’t know whether ‘intentional’ is the word. Radical feminist theory was, and is particularly revolutionary because it means a total transformation of male domination, so it means the removal of it at its most basic level, it means a total transformation of culture, it means for instance no respect for culture – and I’ve been writing recently about multiculturalism because my new book is on religion, called Man’s Dominion: the rise of religion and the eclipse of women’s rights, which is coming out later this year, so I’ve been writing about how multiculturalism becomes multifaithism and how there’s this requirement in multicultural societies to respect culture, which is of course completely impossible since all cultures are based upon subordination of women and the creation of two different sexes and two different genders and the construction of oppression out of that. If you walk in any street and just look at the way people are dressed, if you look at anything that’s going on on the television, the extraordinary lengths to which women’s subordination and men’s domination goes is immediately clear to you, and that’s in major cities of the western world that I’m talking about. So of course the radical feminist critique is about overthrowing the deeply deeply cultural construction of women’s subordination which is perhaps clearest on an everyday level in what women are required to wear. The showing of their bodies, the short skirts, the shaved legs, the high heeled shoes, the extraordinary lengths to which they have to go in order to punish and be cruel to their own bodies and be degraded in public places.

Now that’s very clearly about male domination but as far as I can see it cannot be recognised, it simply cannot be recognised, so there’s a tremendous forgetfulness of the construction of what is these days called ‘gender’.  Although I would call it sexual oppression as a more reasonable way of looking at it. And in its strongest manifestation of course takes place in what’s called transgenderism, which is a practice in which persons who do not adhere to the correctly gendered practices that have been placed upon the biological sex that they had at birth are considered to have gender identity disorder, and they are expected to cross over into the other sex. Not criticise the gender system as it is, because that’s unthinkable, but to make some kind of journey by mutilating their bodies and taking dangerous drugs for the rest of their lives in order to supposedly represent the opposite sex.

Now that shows to us how clearly and to what an extraordinary depth the idea that there are two genders with different behaviours constructed somehow differently biologically has entered the culture. Because of course it doesn’t make sense – I don’t have a gender, I’ve no intention of having a gender, I don’t do masculinity which is the behaviour of male dominance and I don’t do femininity which is the behaviour of female subordination. I hope to engage in human behaviour and I hope that at some point in the future everybody will be able to do that too, but gender I definitely do not have, I’m a conscientious objector to gender as I would be to being drafted into the military, and I see these things as having some connections.

So the problem with transgenderism which obviously is an expression of men’s sexual rights as well of course – it’s very much about the right to be sexually excited by female clothing and subordination and so on – but it also comes out of the gender system and it means that in order to support transgenderism, gender has to be supported. So the subordination of women has to be supported in order for transgenderism to be supported. So the transgenderism phenomenon is as clear as possible indication of the strength of the structures of male domination going on right now, and we know that in Iran, homosexuals are routinely transgendered because they’re not allowed to be homosexual. I’ve been looking at stuff on the transgender kids in the US – there are lots of organisations now who support transgender kids and their families, there’s lots of clinics and therapists who can identify transgender kids, and they’re being recognised as transgender from 4 or 5 years old, even though the literature tells us and they tell us themselves that 70% of those recognised as transgendered will end up as homosexual in later life – one of the things they’re trying to do is eradicate homosexuality at its possible origin although of course there’s no connection necessarily between homosexuality and gender, but there may be between being bullied for having the wrong kinds of behaviours.

So what’s happening in the States is that children are now to be identified in school, to be identified by their parents – this is what in the 70s we fought against, the idea that there were ‘correct’ forms of behaviour, ‘correct’ toys for children and so on – it wasn’t radical to do so, it was quite mild. Now these children are being put on programmes where – this is the big demand now – they have drugs to prevent them, hormones to prevent them developing the body of their biological sex. So they’ve got to be on these hormones from about 9 years old – you can see how the medical profession love this, the drugs, the medical expertise, it’s a very big money maker for them – and very conservative, who tend to completely believe in gender.

So these poor children are not going through puberty in the normal way, they’re not having ordinary biological changes, then by 16 they’ll be put on the cross gender hormones of the opposite sex which will make them sterile, so they’re actually being sterilized, it’s the sterilization of the ‘unfit’ when it happened in the 30s, when the Nazis did it, you know, it’s [inaudible] that that was unacceptable to do it went on until the 60s in America the sterilization of the disabled, the ‘unfit’. It’s happening now. Those who do not conform to correct gender stereotypes are being sterilized and they’re being sterilized as children. At 18 years old they’re expected to move on to surgery – parts of their bodies are going to be lopped off – and then they’ll be on these drugs for the rest of their lives.

Eventually I’m sure  – because things are moving fast and there’s a lot of criticism of this particularly among young radical feminists now – within the next 10, 20 years it will come to be realised as a horrendous human rights violation. But for these children and young people who have been sterilized, this is a terrible, terrible cost. Because they’ve lost parts of their bodies, they’ve lost the ability to reproduce, it really is a human rights violation on a massive scale.

Now because I criticise this I am no-platformed pretty much by lots of feminist, lesbian and gay organisations who will not allow me to speak. Even in my own city I was not allowed to be invited to speak at the Reclaim the Night because I was seen as transphobic. A major conference in Britain which invited me to speak this year is basically not going to happen because some of them said that I was transphobic and shouldn’t speak, and everything collapsed. So there’s a kind of McCarthyism that’s going on around transgenderism now. If you criticise it or if somebody who is your friend knows you and you’re known as a transphobe, they also  are now getting told they cannot speak. So it’s spreading out and the National Union of Students of Britain, their LGBT conference, the agenda I’ve just been looking at actually has a resolution saying that Julie Bindel, who is also a feminist critic of this practice in Britain and a journalist, “is vile” – that’s what the resolutions says, “Julie Bindel is vile”, this is a resolution of the NUS conference. And of course she is no-platformed, no students organisation will invite her to speak anywhere because she is also critical of transgenderism.

So really gender is of course the last bastion because it is the foundation of the subordination of women and it’s being defended to the death in this extraordinarily grim way which means that any radical feminist critics must not be allowed to speak, reading groups that discuss my books and it’s clear online that they’ve done so are being told that they were transphobic and they should not be allowed to discuss my books, so there’s an attempt to eliminate, extirpate from the public discussion and from the public forum any discussion, writing and so on that could possibly criticise gender. Because that’s what it’s about really – it’s criticising gender – and that’s the very foundation of feminism and we really have to hold on to that. We’ve got to claw back the ground now, and I’m very pleased to say that there are quite a lot of radical feminist blogs that are not only being very critical of transgenderism but even, dare I say it, laughing at it – which is a very very naughty thing to do, but sometimes the oppressed and the subordinate have to laugh at the dominant ideology that oppress them. [back to top]

[Feminism in the academy]

MM: Thank you so much for clarifying that, and it is an important analysis to include and to clarify, for sure. Along those lines I wanted to talk about what you see as happening within academic feminism because, on one hand, I feel that I’m quite immersed in academic feminism, I’m doing a graduate degree in a women’s studies department, and I see a lack of radical feminist theory within feminist theory classes and within – you know, the canon has changed I think. I know in your piece about Kate Millett … you argue that her famous text Sexual Politics which was of course foundational in terms of building a radical feminist critique of sex, and an analysis of sex as political which is largely ignored in academia, and it’s also like Andrea Dworkin isn’t included in the discourse and Kate Millett isn’t included in the discourse and you are sometimes not included in the discourse. I’m wondering if you’ve noticed that that’s changed or if it’s always been like that within academia, within women’s studies departments where radical feminism is being marginalized – do you see that as being a trend?

SJ: I think it certainly is a trend. I think when Women’s Studies were set up in many university departments from the 70s onwards it was more possible that there would be radical feminist theorists there. But certainly from the 90s onwards, when many of those women’s studies departments were exterminated – that happened in Australia – the one at Deakin University was got rid of and there’s been a whole series of getting rid of women’s studies, of course it had to change to Gender Studies, and gender studies in many places is simply a way of talking about gender and transgenderism is seen to be OK within gender studies because it’s all about any manifestations of gender. Instead of being the problem we wanted to get rid of it got its own studies, which was kind of extraordinary. So  yes, there’s been a process of getting rid of radical feminist women’s studies departments and persons.

I think what’s happened, when feminism went into the academy there was a very serious period of backlash – you don’t see much socialism in the academy either – any kind of radical political ideas are not really tolerated and haven’t been in the academy for 20 years. We’ve had neoliberalism and corporatization in the academy and managerialism and anybody who’s not got the right ideas can’t get the competitive grants, at least in this country, and therefore they can’t stay in the academy – they’re of no value, because you can only get competitive grants from the state if you say something very anodyne. So women within the academy – I think to protect themselves – over the last 20 years or so have adopted  the very safe and anodyne ideas of postmodernism and poststructuralism, meaning that there’s no meaning in anything and there’s no purpose to pursue and you mustn’t be making any grand statements, you mustn’t be trying to do anything and so on – you know all of that stuff. Well that language was acceptable in the academy, and indeed there was at least one time a situation where in my school of political science if people didn’t mention Foucault in an essay they couldn’t get any kind of decent grade. And he’s a chap who, as you know, was a sado-masochist, who had no kind of understanding of power as I understand it because he didn’t have any feminism whatsoever and didn’t recognise that women were oppressed. But he became the person you had to mention, and all of these supposedly feminist academics started mentioning all these men in postmodernism – all men, usually French, because you know they were trendily difficult to understand and therefore they must be the best ones. And, yes, radical feminism pretty much disappeared, and you don’t find my books or Dworkin or MacKinnon or whatever on any reading lists.

Young students in women’s studies  – it’s not usually women’s studies now it’s called gender studies – have to discover radical feminism. They ferret it out, it’s marvellous that they do, but they really have to go down rabbit holes and try desperately to recover this material which otherwise they would know nothing about. And so yes, it’s quite determined I think to keep it out, because it’s about safety in the academy. What happens is that women cannot have any advancement in the academy if they have strong feminist opinions, or very often feminist opinions at all.

At the last Australian Political Science Association conference I was at, I was at the women’s caucus, and a young woman said that her mentor had actually said to her if she did anything about women at all she would get no advancement and she was unlikely to get promotion. He was just telling her the truth: that’s just how it was. So you can see why women have tried to be terribly docile and obedient and say nothing that would frighten the horses in any way. But also, in the end, even to approach women or anything feminist can mean that they think they will get no kind of advancement whatsoever. Whereas back in 1991 I was brought into my university in Melbourne because the students were demanding a feminist – I mean it’s difficult to imagine that now, but I think that will happen again. We’ll come to the point again when students demand feminists, not these airy-fairy people doing all kinds of papering over the cracks with ideology and ideas and words that make no sense at all, which are hard to read and once you’ve got through them you discover women’s oppression is in the head or something ridiculous like that.

MM: Yeah, and it’s funny because women’s studies departments are attacked constantly and feminists are attacked constantly and accused of being radical and the existence of women’s studies departments in universities is attacked by the right and whoever for being too radical, and yet those departments and those feminists and this movement is becoming less and less radical in many ways.

SJ: Well it’s more anodyne and antifeminist in many cases unfortunately …

MM: and what’s framed as insane and radical – that is hardly radical because radical feminism has been excluded from all of the discourse

SJ: That’s right [back to top]

[The current resurgence of feminism]

MM: So what do you see as being the state of feminism today, I mean what’s your perspective for example on third wave feminism, what’s your perspective on the feminist movement today, I’m wondering – obviously you think it’s in danger – do you think that maybe in some ways it’s gaining force, or is it disappearing? Where are we right now in feminism?

SJ: Well I’ve no doubt that a serious third wave is coming – I don’t think there was ever a third wave before, there was just backlash – but now a third wave – if you call the 70s second wave – a third wave is starting to happen, I’ve no doubt about that whatsoever. There’s huge numbers of young women in the UK, not quite so much here in Australia and I don’t know what’s happening in the US, are becoming involved in feminist organisations, there’s feminist books coming out again – not necessarily from feminist publishers because they’ve all gone – but it is all starting to happen again. What I do notice is that most of the books and so on tend to be not very structural analyses, they’re not tremendously radical, but I’m not too worried about that – it took a long time in the 60s and towards the 70s for radical feminism to develop and gain the strength that it did, so I’m hoping that will happen. [back to top]

[lesbian feminism]

I think one of the problems for this new wave of feminism – I’m absolutely sure that it’s there because I did think that I would never see it happen – one of the problems is that lesbian feminism is pretty much dead in the water. And that is because of a massive lesbian community and culture developed that was very hostile to feminist values indeed and was simply consumerist and developed the sexual values in many cases of the sex industry. So there’s no lesbian feminism out there any more because when lesbian feminism developed in the 70s, and I was involved in it, we were the counter culture, we were the challenge of standing up and saying that you were a lesbian and criticising heterosexuality and so on was radical and feminist in its own right. Now lesbians are supposed to be just like anybody else – they’re supposed to go for marriage, and they’re just another kind of people with no criticism of heterosexuality, there’s no feminism within the lesbianism now. That’s a big problem because the radicalism of lesbian feminists in the 70s really set the tone of the movement that developed at that time, of radical feminism in particular. And I’m not sure where that’s to come from when there’s really no possibility of that lesbian feminism now, unless young lesbians who create a reaction against the very dire lesbian culture that’s been created over the last 20 or 30 years. And actually create a lesbian feminism in reaction against the crap and the rather nasty stuff they’re being offered. If that happens then this third wave of feminism is really going to take off. [back to top]

[What needs to be done to re-radicalize feminism]

MM: Thank you. I’m wondering, what should radical feminism look like today – what needs to be done, what are the key issues that we need to address in order to reradicalize feminism, in order to ensure that radical feminism is still present in feminist discourse, to ensure that radical feminism is still present in women’s studies departments, within the feminist movement as a whole. What are the most important things that we need to be paying attention to and working on right now?

SJ: The things that the young feminists who are becoming radicalized at the moment are interested in are the same things that many young women in the 70s were interested in as well. They’re concerned with the effect of pornography upon their bodies, their sexuality, the culture. They start from their bodies and their lives, which makes absolutely perfect sense. And so a radicalizing of that analysis of sexuality is what we need – it’s not just seen as an individual problem and I’m sure many of these women have got this very well worked out – from the blogs it seems clear that they have. An analysis of sexuality is crucial. Sexuality is foundational in the subordination of women which means that – once you’ve got that – you can’t go wrong on pornography and prostitution and the global sex industry, marriage or any of these other issues. I think that a radical analysis of sexuality is fundamental to the radical feminism of the moment. I think that will happen, but, what else – well we need to be looking at religion – I’ve just written a book on religion and that’s absolutely crucial, we need to be looking at marriage internationally, the sex industry internationally and of course we need to be re-educating the left. That’s very very important. [back to top]

[the need to re-educate the left]

I came from the left. I am horrified at the way they have lost their values and we need to re-educate them on all sorts of fundamental issues. For instance a couple of weeks ago I was invited to give a talk in a series on racism and I thought “well, what am I going to do” so I did racism in the global sex industry and I looked at the racism of arranged marriage, trafficking, mail order brides, pornography, the trafficked women in the brothels in Melbourne and the way they’re treated and so on and so on. And I’m thinking to myself as I’m doing this, and the question I was asking at the time was: why is the left simply not interested? They’re not interested in women, we know, so they cannot see the harm of the sex industry because it’s for women and all these forms of oppression are what women should naturally enjoy. But when the racism is so vicious – when for instance the website of the Queensland licencing authority for prostitution specifically has a list of approved terms, which include Japanese and Asian and all sorts of signifiers of an ethnicity, and it says there that the reason they’ve got to have a list is because if women of basically the wrong skin colour go to a male buyer he will beat them up. When the racism is so extraordinary, how come the left, who once we would’ve relied upon to have at least an analysis of racism even if they don’t care about women, but they cannot see it. Of course the reason they cannot see it is it’s still women! Yes. It’s women who are racially oppressed, but … it still can’t be seen. It’s completely extraordinary, and I said I’d be teaching [inaudible] and when I wrote The Industrial Vagina on the political economy of the global sex trade I thought I don’t normally do global political economy but I have to do it here, because the left are not getting it.  I’ve just written another piece on international political economy before christmas – I’m thinking, you know, I’m over 60 now, I can write whatever I like and maybe I’m going to have to do everything the left should be doing and it blimmin’ well isn’t. That’s tiring. But I think radical feminists are going to have to re-educate the left. [back to top]

[end of transcript]


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Transcript of The F Word’s interview with Sheila Jeffreys on transgenderism

This is a transcript of Meghan Murphy’s interview with Sheila Jeffreys which was broadcast on 7 May 2012 over at The F Word. The audio is available to listen to here. [NB as of 12 June this link is no longer active because those who have taken control of The F Word have censored anything that is transcritical]

[transcript]

MM: What is your perspective on transgenderism?

SJ: I understand transgenderism to be a diagnosis of the medical profession constructed in the late 20th century … it seems to have come from work that was being done by sexologists in the mid 20th century when the sexological profession – endocrinologists and so on – invented the idea of gender (I know feminists took up that term, but the term was invented by sexologists in the mid 20th century) and they invented that term in connection with their work on children that they identified as intersex in order to work out what surgery they should do on those children to make them what gender, and they understood gender to be largely socially constructed but partly biologically constructed. So they invented the term, then they invented the term ‘gender identity’. Now anybody who’s aware that the medical profession and diagnoses … should be politically extremely seriously criticized and analysed, in other words as social scientists that’s what we do with the medical profession, will understand that one needs to look at that diagnosis and that idea and see where it came from.

What interests me is that, at the end of the 19th century (while there’s some doubt as to the date), but lesbian and gay historians and social scientists in particular have argued that homosexuality itself is a social construction, in terms of there being seen to be a biologically-constructed particular kind of person who is homosexual. The sexologists at the end of the 19th century said that the homosexual liked the colour green and that the women who were sexual inverts would be able to whistle and the men who were sexual inverts would not be able to whistle and so on, so they … the problem was they had the wrong … they were women trapped in men’s bodies or men trapped in women’s bodies and it was biological: that’s what they said, so that seemed to be the invention of homosexuality and it was very much gendered in the way that they did it and saw it as biological.

Now, lesbian and gay sociologists and historians have criticised that: well, they haven’t criticised it, but they have noted that, because they understand that … homosexuality to be a form of behaviour, rather than a particular kind of person. It’s a form of behaviour that people engage in and before the late 19th century it was understood that anyone might engage in this behaviour, and most of the men who were homosexual were married, you know, who engaged in that sort of behaviour and so on. So that’s the invention of homosexuality – the invention of it as a political identity – I call myself a lesbian feminist – is a different matter altogether, but the idea that you’re a particular kind of person biologically constructed is a historical construction.

Understanding that, the puzzle is why, when at the end of the 20th century, there was a quite similar construction, a biological construction of people who were actually biologically constructed to engage in strangely gendered behaviour, probably about the whistling still, because it’s very similar ideas that are put about. That was not criticised in the same way. And that’s a puzzle really, or it was [criticised] in the 1970s and 80s by feminists and social scientists, but in the last 30 years or so there’s been very little criticism of the construction of transgenderism … that’s an interesting question in itself – why that criticism didn’t occur, and why it got squashed out and censored.

Because, apart from anything else, apart from the fact that it’s a very similar construction, and if you don’t believe in biology then it doesn’t make any sense at all, the construction of transgenderism. There are two – it was mainly constructed around men, because men were most of those who became the demanders asking for the surgery and so on – there were two categories of them: one category was definitely homosexual men, and in fact the first transsexual surgery that got a great deal of publicity in the US was a man called Christine Jorgensen who actually specifically said that he was homosexual, and in fact we have it on record that it was his doctor who said to him “no, you’re suffering from a condition which affects every cell of your body” and so on. But his was the first case, and that was about … basically it was about the gay-hating of the general society, which causes men like him, and unfortunately there are still many men like him, to have surgery because he could not bear to love other men in the body that he had. I mean we know that this hatred of homosexuality is still around, because even in my city of Melbourne there are several Christian organisations which are set up to try and change gay men, and gay men go to them and they’re afraid because they’re religious and they think they shouldn’t be homosexual – Jorgensen was religious, he said that his religion did not allow him to be homosexual – all of this is still going on.

You might have thought, therefore, that this phenomenon would come under serious criticism from lesbians and gay men who are normally critical of gay-hating, particularly when gay-hating takes the form of … in the 50s and 60s there were lobotomies, and all kinds of terrible aversion treatments by the medical profession. And also in the case of Jorgensen, surgery to remove his genitals and supposedly turn him into a woman which would mean that he was not homosexual. Now you’d think there’d be very very serious criticism of those kinds of treatments of homosexuals – lesbians and gay men – the vast majority of the women who are now going for the treatment are lesbians in the sense that they’re involved with women before the surgery and so on. But there hasn’t been that criticism, and that’s particularly surprising.

But what’s interesting as well is that therefore what was happening in the construction of transgenderism is the behaviour which was very very normal for lesbians and gay men, particularly gay men in the earlier part of the 20th century, which was that gay men would be effeminate in the way that they acted out – that was classified by the late 20th century as transgenderism, and in fact the gay anthropologist David Valentine has written a very fascinating book published in 2007 [Imagining Transgender: an ethnography of a category -PDF ebook 12.7Mb] – he went out to research the transgender community – because he was told there was [a transgender community] when he was working as a safe sex educator – went and talked to all these effeminate gay men who said “no of course not, we’re men and we’re gay” and most of them had not heard of the idea of transgenderism at that time. And Valentine talks about how the idea had already become institutionalized – public services, academic departments, and so on where already recognising this thing, identifying it as transgenderism, which many ordinary gay men on the street who were going to be put into that category had not yet recognised themselves as.

So that’s another reason why there should have been very serious criticism from lesbians and gay men that a section of the lesbian and gay community has actually been removed and placed in this category, which fits with the way history is being treated. Something’s going on which I call ‘transnapping’ – which is the transgender activists identify those who have previously been identified as part of lesbian and gay history, and they ‘transnap’ them and say “actually, no, because they engage in a cross-gender way, they were not gay, they were actually transgender”, which makes sense because the majority of those who were gay behaved in transgender ways in those times because that’s simply how it was!

MM: I wonder how you think this … the current discourse has gone … the way that it is right now around transgenderism. How has that impacted feminism and how does it have the potential to impact feminism and the feminist movement?

SJ: The problem is, I think, that transgenderism got picked up and theorized by queer theorists and some feminists who were queer-identified in the way that they approached theory, and some very very confusing theory came out because, in theory, queer theory is very social constructionist … in as much as Foucault is very social constructionist – he argued that the homosexual was invented at the end of the 19th century. Foucault said that and I’m sure he would say the same thing about transgenderism. But nonetheless, queer theory which is very social constructionist created this idea that gender is socially constructed – true – but therefore that there can be all kinds of genders, and gender doesn’t have any kind of relationship to the actual material reality of the subordination of women and the dominance of men from which gender actually arises. So they queered the pitch on gender and made it all appear very confusing and anybody could be anything, and that theory was very much picked up – not the social constructionist element of it, but the idea that anyone could be anything they liked – and that became part of American individualism: anybody can be absolutely anything if they simply say they are.

At the same time there was the development of plastic surgery of course – the medical profession had to develop certain skills in order to make transgenderism happen – they were indeed engaged in a project to create heterosexual correctly-gendered people, but they needed endocrinology, they needed plastic surgery, they needed anaesthetics in order to do transgenderism. The plastic surgery, cosmetic surgery industry really got going in the second half of the 20th century and was able to offer its goods and these could be taken up by a sort of individual consumers who, instead of having breast surgery could indeed have transgender surgery and have various organs removed and so on. And the transgender surgery is very similar to the cosmetic surgery done on women in as much as the surgeons who offer labiaplasty on women because they say women’s labia are somehow too big, or the wrong shape and they should be removed, they would also build labia for men who decide that they are transgender.

So the medical profession is offering all of that, queer theory has offered the ideological backdrop, at the same time as the big industries of the medical profession have become involved at a particular stage we also have to say of capitalist history, of economic development and so on … so there are many forces constructing this.

The problem for feminists is that this all happened at a time when feminism, particularly in the academy, was not very strong anyway – there hadn’t been an activist feminist movement (although of course it’s happening again) for some time. And any kind of academic feminism that’s not connected to activism is bound to go off on very strange tangents, and not have a very good materialist analysis of what’s taking place. So we had a kind of academic feminism which wanted to be respectable by using queer theory and male theory and so on in order to have any kind of status in the academy – they picked up all these ideas and they started saying all kinds of stuff about transgenderism which actually really makes no sense at all.

So that was very destructive of feminism, indeed you can get conferences in the States now, I’ve seen them, women’s studies conferences, at which there are transgenders as the keynote speakers, which is kind of extraordinary because transgenderism is a symptom of a construction of a male dominant society which is enormously harmful both to those who travel under the idea that they are transgender, as well as to feminism and to women as a class.

The other problems for feminism, apart from the destruction of feminist theory – because this queer postmodern theory said ‘there is no such thing as woman’, and once you’ve deconstructed women and there’s no such thing as woman, of course, anybody can say they’re a woman so that’s an important part of what was going on – apart from the destruction of feminist theory, and the way that this helped with the development, the fact that there was some kind of recognition that any man could say he was a woman which is a kind of crazy idea, you know, at the same time as that, the development of transgenderism as being seen as a category of persons with rights, rights-bearing people, has had a huge political impact on feminism because it has meant that, with women-only organising, which is, always has been, and will in the future be fundamental to  feminist activity, the creation of women’s spaces came under threat from a group of men in particular who saw themselves as rights-bearing transgenders who, because they said they were women, needed to enter the spaces of women.

That led to court cases – there have been court cases here in Victoria where I live in Australia – lesbian gatherings now have to take place secretly, pretty much, because otherwise transgenders will make legal challenges. So the driving of a movement and of lesbian spaces and feminist spaces underground is an important part of what’s happened. Obviously there are so many things I could say here to …

MM: Well, the other part that I’m interested in knowing is, you know, what’s been your experience in having these conversations and in putting forward the critiques that you’ve explored a little bit here?

SJ: Yes. The problem for feminists who want to be critical of the construction of transgenderism as a category, of the way that the medical profession does that, of the impact of the construction of that category on feminist thought and practice, the difficulty for us is that some of the men who have transgendered – certainly not all, but some – have formed themselves into groups of fierce agitators and campaigners for their rights in opposition to the rights of women and feminists, and they organise to try and make sure that feminists speakers who are critical – and there are very few at this moment who are prepared to be critical openly because of the responses that they get – but they try to ensure that feminists who are critical do not get the space to speak.

So for instance if they hear that a feminist who is critical is due to speak, such as myself or Germaine Greer who was critical in the 90s, or Janice Raymond who wrote The Transsexual Empire back in 1979, then they will demand that the organisers remove those persons from their programmes, they will create campaigns to get the speakers removed, they will – (laughs) in relation to myself for instance, they’ve drawn up something on the net which is supposed to be all the dreadful things I’ve said about transgenderism – actually all of them, I think, very sensible and not peculiar at all – but they put things together in a sort of propaganda sheet that they send out on the net and send to those who organise conferences and so on to try and really pressure people into not permitting anybody who’s ever been critical to speak. And it’s not as though I speak publicly about transgenderism very much – I haven’t in the past but I certainly intend to much more in the future – but whatever you’re speaking about they will try to keep these feminists out.

So there’s really a campaign of censorship on the net, which frightens people … it’s not just feminists that they do this to – there was an American sexologist called Michael Bailey who wrote a book back in I think 2004 called The Man Who Would Be Queen in which he made arguments that transgender activists do not like – which is that transgenderism for, not those men who have been homosexual  and do not wish to be in that category, but the other large category of those men who decide that they’re transgender who come from cross-dressers who’ve been sexually excited by female, by women’s clothes. Michael Bailey argued that for that category of men – which is a very large one – who’ve usually been married with a couple of children and decide they’re transgender in their 50s or so – he said that that was sexual and it was about sexual excitement, at least in its origins.

Now this isn’t accepted by transgender activists – some of them do accept it and say that of course that is true, because if you look at the pornography then that’s absolutely what it’s about – but the ones who reject it, they reject it because they think that won’t be acceptable to people, the fact that it’s a form of sexual expression, and it will lead to bad repute, it will mean that the health insurers will not pay for the surgery and so on. So that’s a huge issue for transgender activists and they are divided amongst themselves as to whether this is actually a sexual interest, usually developed at about the age of 11 years old when boys start to wear their mother’s clothing and think it’s sexually exciting – and for increasing numbers of those men leading to transgender surgery when they’re in their 40s or 50s.

Michael Bailey made this argument and he had the most extraordinary campaign against him, a very very vicious campaign from transgender activists including the putting of details of where his children were on the net – it was an extraordinary campaign and there’s a very good, detailed article by a woman scientist about how shocking that campaign was and how it developed and what was done to him. So when that kind of thing happens in the academic world, people become afraid not only to do their own research and put out their own ideas about what’s going on, but to be critical of the phenomenon generally. Michael Bailey is no feminist, but he did make arguments as some other sexologists do that transgender activists did not find acceptable.

MM: So why is that this debate is so heated right now in feminism because it is of course very heated – but what is it about this time in the feminist movement  that’s impacting the debate and making it so heated?

SJ: I think feminism is not yet very strong, because there were a couple of decades, you know, in the late 90s and the 2000s, when feminism was not really strong at all and it was almost impossible for women to even say they were feminists without criticism. That’s changing and feminism’s developing again – in fact the reason we’re having this discussion is because feminism is developing again and many more feminists are becoming critical of the idea that any man can be a woman if he simply says that he is. Now many feminists are being critical of that and as a result these conversations are happening. But for a long time when feminism was very much reduced in its impact transgenderism was becoming – in terms of surgery and drugs – more and more significant.

We haven’t even discussed what that means for lesbians – because another aspect of what’s going on is that increasing numbers of young lesbians in particular are supposedly transgendering. But in as much as in the 1950s many lesbians bound their breasts and there were stone butches for example who did not allow their bodies to be touched and found it very difficult to have a woman’s body whilst also being a lesbian – that, in the present manifestation, and I think it’s not a womanifestation exactly but a manifestation – we have many young lesbians who cannot bear to be in woman’s bodies so they’re increasingly taking testosterone, having anything removed from their body that would suggest that they are women.

The reasons for this are not simply that they find it difficult to be lesbians or to love women in the bodies of women, it’s not so much that now I think, as that they find it difficult to be women, because of the way women are treated as this particular stage of male dominance – the pornification of young women, the way that they’re supposed to carry themselves, the contempt with which they are treated, the way that the pornography industry has had an impact on the very concept of woman and the way women are able to think about themselves. That’s been so very severe that I think that many young women – who wish to be self-respecting – find it difficult to picture themselves as women or to inhabit the bodies of women and I think we’ve also got to recognise – very unfortunately –  that for many young lesbians who transgender, although the surgery and drugs will have very harmful effects on their bodies, for instance they have hysterectomies very very young and then have to have drugs all of their lives, or they have premature menopause – apart from that, they are able to access some of the things that men have allocated to themselves: such as safety walking down the streets, such as promotion at work, such as being listened to and paid better attention – all very important social goods that are allocated to the class of men in male domination which can seem very attractive to women who no longer wish to remain in the despised class of womanhood.

So for lesbians it’s a very serious situation that increasing numbers of young women – for instance, back in the 1970s, in America there would have been a lesbian group in virtually every city: now, you can look to see where the FTM groups are, that is women who have decided that they are transgender, and in America again, in virtually every town there’s an FTM group – now that’s an extraordinary change around. How did we come to that situation? Now if there was strong feminism and strong lesbian feminism which there will be again but is not now, then obviously there has to be an absolute campaign against the destruction of lesbian bodies. The mutilation, chemical and surgical destruction of lesbians, which follows on from what was happening in the 50s and the 60s and the 70s but is much much more severe now, what is being done to lesbians.

[end of transcript]


Related link

David Valentine (2007) Imagining Transgender: an ethnography of a category (PDF ebook 12.7Mb)

Michael Bailey (2003)  The Man Who Would Be Queen: the science of gender-bending and transsexualism (Scribd)

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