19 February 2021

Transgenderism and Truth

Stephen Kershnar

Transgenderism and Truth

Dunkirk Fredonia Observer

February 15, 2021

 

            There has been an explosion in the number of teenage females who claim that they are boys or men.

Gender dysphoria is the severe distress felt by people whose gender differs from their sex or sex-related physical characteristics. The Wall Street Journal’s Abigail Shrier points out that in the past, gender dysphoria typically began in early childhood (ages two to four), affected a small percent of the population (0.01%), was found almost exclusively in boys, and usually disappeared (70% of the time).

Shrier observes that for the first time in medical history natal girls (those born female) are the majority of those claiming to be transgender. A transgender person claims that his gender differs from his sex. Clinicians from several countries report that those presenting with gender dysphoria have dramatically changed from preschool-aged boys to adolescent girls. In one year, 2016-2017, Shrier notes, the number of gender surgeries for natal females in the U.S. increased fourfold. They now have 70% of all gender surgeries.

Brown University’s Lisa Littman argues that transgenderism spread like a contagion and involves a maladaptive response to stress and strong emotions. She points to the following sort of features of those adolescents who identify as transgender. 80% are natal females. Their average age is 16. The vast majority did not have indicators of childhood gender dysphoria. Over half had a psychiatric diagnosis. Roughly half were engaging in self-harm (for example, cutting themselves). 41% said they were not heterosexual before identifying as transgender.

The public schools have signed onto this. According to Shrier, many public schools, including those in California, New Jersey, and New York, have a policy of not informing parents when a student comes out at school. Some school administrators and staff conceal a student’s gender change from the parents even while changing the student’s name and pronoun on school forms.

The metaphysical issue, though, is whether transgender claims are true. For example, is a transgender man a man or does he merely present as one? The University of Sussex’s Kathleen Stock and other gender-critical philosophers discuss the very controversial idea that female is a biological category. On this account, someone who is a female has some or all of a cluster of internally caused features, including fallopian tubes, ovaries, vagina, womb, and XX chromosomes. On this account, an individual without any of these features is not female, even though no one feature is necessary to be female. For example, an individual with Androgen Insensitivity Syndrome is genetically male (XY chromosomes) but resistant to male hormones (androgens) and so lacks male genitalia and other similar features. As a result, she does not have enough of the physical traits to be male. If this account is correct, trans women are not female.

An interesting issue is whether trans women are women. The issue arises because ‘woman’ might refer to gender rather than sex. On this account, ‘sex’ refers to biological features found in human and animals such as genes, physiology, or reproductive function. In contrast, ‘gender’ refers to socially constructed roles. It is concerned with attitudes and behaviors, such as how one self-identifies and how others view someone. There is thus an issue as to whether some men are female, and some women are male.  

There are conceptual difficulties with the notion that women should be identified by their gender rather sex. Consider the notion that a person is a woman if that person identifies as a woman. What is it that she identifies with that makes her a woman?

A person is not one gender merely because she sees herself as being that gender. This would be circular. By analogy, a person is not Jewish merely because she sees herself as Jewish. We still need to know what makes someone Jewish and thus forms the content of her identification.

First, consider biological sex. The idea is that an individual is a woman if she sees herself as a biological female. If this were what makes someone a woman, then a trans woman would be mistaken. She is not a biological female and identifying as one does not change the biological fact.   

Second, consider gender. The idea is that identifying with social stereotypes makes someone a woman. A problem here is that the stereotypes are not very clear. Do they involve passivity and being penetrated? Alternatively, do they involve activities such as cleaning, cooking, dating cute guys, playing with dolls, wearing dresses, and so on? The problem here is that some women do not identify with many of these stereotypes. Consider, for example, a lesbian who is masculine in appearance and manner (in a very-rude-and-outdated term referred to as a “bull dyke”). In addition, these stereotypes are outdated and often insulting. For example, lesbians who wear pants and do not want to date cute guys are women.

Another problem is that trans women do more than identify with a stereotype. For example, what makes natal-girl teenagers want to transition to boys or men is not that they do not like to be penetrated, clean, cook, date cute boys, etc. Instead, they see themselves as men in a deeper sense. The problem is in identifying what that deeper sense is. Cut off from a connection to a biological category, it is unclear what holds the stereotypes together or why they are so important to motivate someone to change his body in significant ways. Some trans men take hormones or have surgeries such as top surgery (breast removal), hysterectomy (removal of ovaries and uterus), phalloplasty (surgical construction of a penis), or metoidioplasty (surgery and hormones that make a clitoris work more like a penis).

None of this tells us whether we should allow trans men and women to choose their own name and pronoun, use what bathroom they want, have surgery, and so on. We should, at least for adults. A separate issue, though, is whether trans people’s claims are true.

03 February 2021

The Latest Attempt at Impeachment Jumps the Shark

Stephen Kershnar

The Attempted Impeachment Jumps the Shark

Dunkirk-Fredonia Observer

January 25, 2021        

             The Democrats’ latest attempt to impeach and convict Donald Trump will be a new low for Congress, no mean feat.   

            The House impeached Trump on the following basis, “Donald John Trump engaged in high Crimes and Misdemeanors by inciting violence against the Government of the United States.” House members specifically claimed that, “He also willfully made statements that, in context, encouraged—and foreseeably resulted in—lawless action at the Capitol, such as: “if you don’t fight like hell you’re not going to have a country anymore”. Thus incited by President Trump, members of the crowd he had addressed, in an attempt to, among other objectives, interfere with the Joint Session’s solemn constitutional duty to certify the results of the 2020 Presidential election, unlawfully breached and vandalized the Capitol, injured and killed law enforcement personnel, menaced Members of Congress, the Vice President, and Congressional personnel, and engaged in other violent, deadly, destructive, and seditious acts.”

            The Democrats’ and their media co-conspirators’ hypocrisy is truly a wonder to behold. Few, if any, Democrats got their panties in a twist when on July 1st, Antifa and BLM protesters drove Trump from the White House into an underground bunker. Nor did they get their knickers in a bunch when protesters forcibly occupied the Capitol in support of now discredited claims by Christine Blasey Ford, Judy Munro-Leighton, Julie Swetnick, etc. More than 300 were arrested. They did not collapse onto fainting couches when hundreds were arrested for rioting during Trump’s inaugural celebration. They did not even tightly clutch their pearls when in 2011, union thugs stormed and occupied the Wisconsin State Capital. And, of course, they said nothing this past summer when rioters burned cities, destroyed statues, injured police, killed more than two dozen people, and looted stores. 

            There is no case against Trump.

First, consider the facts. Trump did not incite violence against the federal government. Forbes’ Jemima McEvoy reports that rioters planned the violent protests in advance of the relevant Trump speech and tweets. The day before the riot, the FBI was aware of plans for violent protest and warned the Capitol Police. According to the New York Times’ Lauren Leatherby et al., the protests appeared to get violent 20 minutes before the speech ended. It is more than a mile between where the speech was given and where the Capitol’s barriers were breached.

In addition, Trump did not encourage violence. He told people at the rally to “peacefully and patriotically make your voices heard.” His tweets were also above board. One of them asks that, “[E]veryone at the U.S. Capitol to remain peaceful. No violence!”

In addition, the out-of-hand protests were not seditious. They did not attempt to overthrow the government. Reuters quotes a Department of Justice official who stated that there was no direct evidence of a plot to kidnap or kill lawmakers.

Second, consider the law. If one agrees with Harvard’s Alan Dershowitz that impeachment and conviction require that a government official commit a crime, Trump conduct is constitutionally protected. Specifically, the First Amendment protects Trump’s speech and tweets. Here is one of his statements, “[I]f you don’t fight like hell you’re not going to have a country anymore.” Here is another. “The 75,000,000 great American Patriots who voted for me, AMERICA FIRST, and MAKE AMERICA GREAT AGAIN, will have a GIANT VOICE long into the future. They will not be disrespected or treated unfairly in any way, shape or form!!!" In Brandenburg v. Ohio, 395 U.S. 444 (1969), the Supreme Court held that this sort of speech may be criminalized only if it is intended to incite imminent lawless conduct. Clearly, this was not true here.    

In addition, the Senate lacks jurisdiction. Article II Section 4 states, “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” Limiting this grant of authority is Article I Section 3. It states, “Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States.”

The language of the provision addresses what may be done to the President and Donald Trump is no longer the President. As George Washington University’s Jonathan Turley points out, in every other part of the Constitution, the reference to “the President” or other specific officeholder refers to the current officeholder, not people who have held it in the past.

There have been two cases that purportedly show that the Senate may disqualify someone for office who has not been removed from office. One involved former Tennessee Senator William Blount. Blount, who signed the Constitution, claimed that disqualification did not apply to him because he was a private citizen. In 1799, following impeachment, the Senate refused to even hold a trial.

In 1876, the Senate voted on whether to dismiss the impeachment-charge against former Secretary of War William Belknap. It narrowly failed to do so and then acquitted him. One tightly contested vote is not a good enough reason to reject the plain meaning of a Constitutional provision and clear pattern of Constitutional language.

Nor are there good policy reasons to allow the senate to disqualify former Presidents from office. This opens the door to endless settling of scores. But if we are doing so, here are two people meriting prompt disqualification: Barack Obama (Russia Hoax crimes) and Bill Clinton (campaign-finance crimes and rape). Hell, we can even disqualify dead people for criminality or gross incompetence. Consider LBJ and Woodrow Wilson.

Some leading figures – for example, Ted Cruz, Alan Dershowitz, and Jonathan Turley – recognize that there is no legal case against Trump but criticize his rhetoric. I think his rhetoric was admirable, expressing many Americans’ legitimate outrage at the attempted coups, censorship, constitutionally dubious lockdowns, and election illegalities. Still, this is a topic for another day.