
Bourgeois democracy can not only lie, it can also invent crimes for which you can be punished. The Government is going ahead with the hate crime bill, shorn of its hate speech elements. This follows its stinging defeat in the family and care referendum in which it also lied about the implications of what it was proposing when asked whether these had been raised within it as a concern.
The original proposals about ‘hate’ speech were particularly threatening but the retention of the definition of “protected characteristics” raises all sorts of questions that the government will again have to spin and lie about in order to defend.
These “protected characteristics” include ‘race, colour, nationality, religion, ethnic origin, descent, sex characteristics, sexual orientation, disability and gender’. Beyond general issues about the wisdom of agreeing to greater repressive powers for the state, and the inclusion of essentially subjective considerations such as ‘hate’ in punishment, there are two questions – what is ‘sex characteristics?’ Is this just another term for sex, in which case what is the point of two words instead of just three letters?
The second is the definition of gender included in the legislation: “’gender” means the gender of a person or the gender which a person expresses as the person’s preferred gender, or with which the person identifies, and includes transgender and a gender other than those of male and female”.
This farrago of words is obviously not a definition of anything, certainly not of ‘gender’ or ‘transgender’, and as I have written before, it’s doubtful that one can be clearly stated. It seeks to protect people who are ‘other than those of male and female.’ Who are they? Where are they and how do they, or could they, exist? In what way is this not putting into law the nonsensical ideas of gender identity ideology that the Government parties don’t have the courage to openly argue for?
When the right wing Senator Michael McDowell asked the Department of Justice what is intended by the term ‘transgender’ and ‘a gender other than those of male and female’ he got no response. Instead, the department provided a statement that included this:
“If someone is assaulted because they are transgender, that is a hate crime.”
“People identify as non-binary. That’s a fact. If someone follows a non-binary person after they leave a gay nightclub, and then assaults them while shouting homophobic abuse, they would likely be charged with assault causing harm aggravated by hatred (carrying a max sentence of 12 years, instead of 10 years because of the aggravating factor). If it’s not found that it has been aggravated by hatred, then the person could still be charged with assault causing harm,” it said. “A definition is required to protect that person. It has absolutely no implications outside of this law.” (Emphasis added – Sráid Marx)
The department also asked: “Does Michael McDowell believe that this person should be protected by this law, or does he believe this person should have to identify as male or female to be protected?”
There is so much that is simply stupid in this that it’s difficult to know where to start.
I am quite sure that Michael McDowell would respond that it does not require anyone to identify as anything in order to be protected, which is what the Department of Justice seems to imply. Or does the Department believe it must be proved that an assailant knows the inner thoughts of someone in order to secure conviction or aggravated punishment? For that is what the department assumes when it wants to protect someone who is in some way not either male or female and walks out of a gay club.
How on earth could someone be attacked for being ‘non binary’ without the assailant having some prior knowledge of the person? If a stranger was attacked for coming out of a gay club it is much more likely that any motive beyond purely violent intent would consist of homophobia, which is obviously what would be indicated by their “shouting homophobic abuse”.
It is indeed a fact that “people identify as non-binary” but it is also a fact, that the government wants to elide, that there is no such thing as a non-binary person (neither male nor female or both). Assaulting someone for this reason is not an assault on someone because of what they are (e.g. gay) but an assault because of their (misconceived) ideas about what they are. Since such ideas are as varied as there are ‘genders’, the state has opened up a panoply of grounds upon which to claim hate crime warranting additional punishment.
The state may have dropped attacks on free speech that might lead to criminal punishment arising from disagreement with the idea of the many ‘genders’ claimed by some activists, but this still leaves open the potential for punishment for those disputing such claims. This may seem absurdly alarmist but it is already the case that the Department of Justice is implying that only inclusion of a gender identity in a victim ensures protection, something just as absurd.
The ability of the state to conjure up offences and therefore punishment on grounds that are non-existent is surreal. The word Orwellian is overused but the Irish state is claiming that not only can it identify the inner thought crime of an accused but also that the inner thoughts of the victim can also be divined by the accused and in turn accessed by the state.
It is a feature of gender identity ideology that it throws up such idiocies that are easily dismissed, but these are a result of the foundational one that men can be women just by claiming to be one, and this is one nonsensical claim that is already being validated and legislated for.
McDowell has also noted that ‘the Bill suggests that there are genders (plural) other than male or female. It does not enumerate or describe such other genders”. He argues that unspecified genders beyond male and female would raise questions “over statutory provisions providing for gender balance in judicial appointments, board compositions, etc”. “There is no case for legislating for an open-ended multiplicity of subjective genders the meaning of which is obscure,” he said.
The idea that the numerous legal and social provisions based on gender – understood as sex – will not be affected by the legal recognition in this Bill is naïve at best and does not accord with experience across the world. I have argued elsewhere that these implications are reactionary. They have included attacks on freedom of belief; freedom of speech and freedom of association; destroying women’s sex based rights; putting males in female spaces; attempting to obliterate sexual orientation and lying to children that they can change sex before they even have a full appreciation of what it is.
Those who think that because McDowell is right wing he cannot be quoted or we cannot agree with him on this should consider why a government and state that is complicit in genocide, as we pointed out in the previous post, should now be considered to be in the vanguard of social progress. They might also consider that Genocide Joe Biden described trans rights as “the civil rights issue of our time. There is no room for compromise when it comes to basic human rights”. Tell that to the Palestinian people.
Back to part 1


