Three Books on Transgender Politics (3 of 4) – ‘An Argument for Justice’ based on the definition of Woman

Only in the last two chapters of her book does Faye really focus on the debate she said she would not engage, and when she starts, she says something startling.

“The effect of both division and consumerism is to encourage individual identity over and above commonality. A person’s sense of their own identity is certainly important for their psychological wellbeing – but as a political end point it leads to solipsism and detachment from others.  From this perspective, identity is understood as a set of immutable and finite categories with particular criteria for membership.  Yet the political justification for the LGBT coalition must begin with something different . . .”

This reads like a critique of the transgender politics she advances in the rest of the book and with them the impossibility of forging the unity she declares she wants.  Her definitions of being trans are however not always consistent, being feelings about one’s gender identity not being aligned with one’s body, to the female nature of trans women being the case “by virtue of her social, legal, political and sometimes medical reassignment or experience as a woman.”

Leaving aside the question begging of how being a transwoman can call on experience of being a woman to justify qualification of being one, the list might seem to put forward objective criteria, as opposed to the demand that the declared unverifiable feelings of a transwoman is sufficient to make one a woman.  What is missing however, and explicitly rejected, is any idea that being a female is determined by biological sex.

Less than twenty pages later this has changed somewhat and “accounts of colonial domination . . . demonstrate clearly that what it means to be a woman or man (or neither) is not a fixed and stable entity, but a complex constellation of biological, political, economic and cultural factors, which may shift over time.” (emphasis added)

Since this passage is in the context that “society’s understanding of gender can be changed as society itself changes” perhaps Faye is saying that being a man or woman is to be understood in terms of gender, as in one of the two definitions advanced by Kathleen Stock in her book ­– as one of social stereotypes or projected roles – but this would not support her argument that being trans is a product of a personal understanding.

This is because if this private understanding is itself the product of changing factors, that are objective factors, comprehension and analysis also shifts to how these objective factors create this personal understanding. But this leads to interrogating any claims that arise and this brings us back necessarily to a debate that she sees as consisting of ‘hostility’ and ‘misunderstanding’ of trans people.

It is possible that the passage is based on Stock’s remaining definition; on an understanding that gender is another word for sex (by supplanting it), which leads to claims that there are multiple sexes since it can easily be imagined that there are multiple gender types (ideas that people might have about their own sexuality).  As the passage argues these can change, presumably on an individual basis, and not as some societal view of what sex and gender are, so that someone might consider themself a woman one day and a man the next, or gender fluid as it is called.

However, on the same page (p237) as this passage Faye compares her “complex constellation” with the words now condemned as transphobic, the dictionary definition – ‘Woman, noun, an adult human female’ and goes on to say that “leaving aside the fact that dictionary definitions are a product of a culture and not its arbiter, the definition of ‘woman’  as used here focuses solely on the biological and entirely disregards a point that feminists have largely agreed upon: the idea that being a woman is defined by political experience, how you are treated by others, especially those with power over you.”  Another definition.

But all feminists do not define woman as a political experience, or where would be the debate?  Being a woman will involve a political experience but a woman is not any sort of experience.  To encounter some event, to have some practical contact with or observe some fact, and for this to leave some impression on you, there has to be some prior ‘you’ to begin with, and this ‘you’ may be a man or a woman.  Both a man and a woman might have the same political experience but this will not determine their sex.  As has also been argued – what political experience, in common with all other women, makes the British Queen a woman?

This hardly matters for Faye’s argument because she concludes that “the ‘common sense’ argument of the ‘adult human female’ billboards is specious: there are many ways of legitimately interpreting the brief dictionary definition that would, in fact, include a trans woman as an “adult human female.”

But so much hangs on the word “legitimately” in this sentence.  It is hard to avoid the conclusion that such legitimate interpretation involves words meaning what their author chooses them to mean, “neither more nor less”, as one author placed in the words of his character – the real question being whether they are just tools to be mastered.

That there exists an objective biological reality which is real and observable, distinct from social concepts attaching to that biological reality is, for Faye, “an oversimplification.” And in any case, she argues that the “two separate sex categories” can be erased . . . “through medical modification” although, as she has already informed us, such interventions are not necessary for a trans woman to be female.

One problem with this approach is that you can end up ‘proving’ too much:

“. . . the increased populations of, for example trans women with a feminine appearance, body and breasts who have a penis, and trans men with chest hair, muscles, lowered voices, beards and a vagina, mean that it is possible to have a mixture of sex characteristics and signifiers on the same body . . . women who will date women with penises, lesbians with vulvas in relationships with women with penises; gay men in relationships with men with vulvas and (naturally) women with penises in relationship with men with vulvas.  Consequently, trans people’s challenge to the gender binary is as physical and sexual as it is intellectual or political.”

Unfortunately, this passage does not challenge the binary nature of sex since it still repeatedly categorises humans as men and women (and the demand for medical intervention certainly does).  What it does point to is that any combination of characteristics is consistent with categorisation as either sex, in which case there is no difference between the sexes.  So, in this sense then, it does erase the binary nature of sex; in which case there is really no need for separate words for humans who are male and humans who are female, or for transwomen and transmen.

The way out of this for those advocating gender ID is that it is the internal view in the mind that determines you are a certain sex, but this realistically requires perception of an objective world in which real sex differences exist and are observable, which is why language that reflects this – ‘men’ and ‘women’ – is employed, as in the passage above.  If these really were erased there would be nothing in the objective world that the mind could reference and thus no way of self-identifying one’s sex.

Opening up the objective world as an influence on your view of your sex, indeed the idea of sex in general and of the male and female sexes, invites inquiry into how this objective world has influenced your view.  And such interrogation, as we keep coming back to, is not permitted by certain trans gender activists for whom this identity is innate, which is an unprovable proposition.

So, the sexed body (that of a female or male) while not determinant of one’s sex as a trans person, is determinant of whether one is trans, because “to be trans, is on some level, to feel that this standardized relationship between one’s genitalia at birth and the assignment of one of two fixed gender identities that are supposed to accurately reflect your feelings about your own body has been interrupted’. So, your sexed body is determinant of being trans if only to determine you as the opposite, or rather different in perhaps multiple gender defined ways, from your natal sex.

Faye claims on page xiii of her book that “the central demands of trans liberation are not merely aligned with, and no threat to, gay rights and feminism, but are synonymous with the goals of those movements.”  The rest of the book and the polemic with those who disagree demonstrates that this is simply not the case.

Her central arguments are not necessary to defend trans people or to remove the prejudice and discrimination they suffer from.  In fact, these arguments are difficult to construct and maintain consistently and an obstacle to these objectives.

Back to part 2

Forward to part 4

Three books on transgender politics (2 of 4) – The Transgender Issue – an Argument for Justice

Shon Faye is a trans woman and activist who argues that trans people should unite with others to overthrow oppression, asserting that trans demands are “synonymous” with the goals of gays and feminists.

In the prologue she gives her rendering of the meaning of the “relatively new term” ‘cis’; – “’Cisgender’ is the Latin antonym for transgender.” While recognising that the word is controversial and that some hear it as an accusation or slur Faye says she needs a word to denote the 99% who are not trans. Unfortunately, this word defines everyone else as something that they are not, as not-trans, and includes gay men, lesbians and all those who are heterosexual.

She (I use trans people’s preferred pronouns for the reason and with the hesitation argued by Kathleen Stock in the first book reviewed), rejects the idea that her book has to regurgitate the debate on the trans issue (on toilets, changing rooms, pronouns and sport) as this “is itself a tactic of those who wish to oppress us.”  As noted, ‘trans rights are not a debate’ is an oft repeated declaration.

Faye wants instead to write a book about what it is like to be trans and the problems trans people face, partly on the grounds that any debate typically includes those who are not “equally affected by the discussion.” She describes such debates as “confected” and “a vehicle for increased hostilities towards and misunderstandings of trans people . . .” She presents a power structure which talks about trans people; so for example the media “want to talk about their issues with us, not the challenges facing us.”

She dismisses the “myth of a powerful trans lobby”, one of the themes especially of the third book to be reviewed, and now the subject of a number of podcasts by the local (to me) BBC journalists Stephen Nolan and David Thompson.  Instead, she notes that there are no trans newspaper editors, MPs, High Court judges etc.  What is at issue then is a question of power, and the need for trans people to have a healthy conversation about the issues facing them.

So, while refusing debate outside, she argues that within the trans population voices are dominated by professional and middle-class members, and that the task is to create solidarity where there is an “overlap with other minorities or marginalised groups.” “Change will only be brought about by bringing class politics back on the political agenda.”

The book is meant to set out the reality of the challenges trans people face.  These include prejudice, discrimination, intimidation and violence and the additional burdens particularly affecting them, including unemployment and reactionary policies such as austerity, especially its effect on health care.

She records a School Report from Stonewall (2017) that “64 per cent of British trans schoolchildren report being bullied for being trans or for their perceived sexual orientation . . . 13 per cent of trans pupils experience physical violence . . . [and] a shocking 84 per cent of British trans young people have self harmed.”  She also notes that “45 per cent of trans young people had attempted suicide at least once.”

Trans people also face domestic abuse – “19 per cent had experienced domestic abuse from a partner in the previous year . . . which is significantly higher than the recorded rate of domestic abuse among the wider population . . .” (The Trans 2018 report referenced records a higher number of 28 per cent).

Elsewhere, these statistical claims have been challenged, for example the finding that “45 per cent of trans young people had attempted suicide at least once” is based on the Stonewall report.  Kathleen Stock says of this that “a non-probability sampling method was used. It’s widely agreed among statisticians that this is an inadequate method with which to extrapolate to a population as a whole, because the sample isn’t random.”

Stock reports that the NHS Gender Identity Service quotes a Freedom of Information request that between 2016 and 2018 one of their patients committed suicide and two attempted it.  Two others on the waiting list also committed suicide; so three in two and a half years.  The doctor making the FoI request notes that “anorexia multiplies the risk of suicide by 18 to 31 times (depending on the method of estimation), while depression multiplies it by 20.”

Stock does not deny the existence of hate crime against trans people but argues that we need better data, and “data that isn’t produced by trans activist organisations for the purpose of lobbying.”

Faye does not argue that trans people are ‘born in the wrong bodies’ but does believe that unjustifiable obstacles are put in the way of medical interventions that support transition.  This would appear to mean opposition to any questioning of the need for such intervention or any delay.  For her it is a question of bodily autonomy, similar to a woman’s right to choose.  She quotes one young person seeking such intervention, that those questioning the relatively high proportion of autistic children also seeking it is “so ableist and insulting that autistic people can’t make decisions or know themselves . . “

Faye argues from the beginning that cis men and women are credited with more authority, insight and experience on both their own identity and those of trans people than trans people themselves, and welcomes the acceptance and confirmation by parents of the declaration by their 3-year-old male child that “I’m a girl”.

But what exactly is this 3-year-old identifying as?  What is the character of the identity that those adults who are not biological women have, and how do they know it is the same or similar to the gender identity of biological women, if the latter admit to any such identity at all? Or would it not matter if it is not similar, introducing another irrelevant difference?

If a woman is also, or even simply, a person identifying as a woman then a woman becomes a person identifying as a person identifying as a woman, which is itself a person identifying as a woman . . . and so it goes on indefinitely.  Defined this way there is no intelligible way of securing the claim that trans women are women.  The definition includes what has to be defined.

Despite the early declaration that she would not get into ‘closed-loop debates’ and “repetitive talking points” this proves impossible and her book moves to take up the issues.

As an indication of her general position, she argues her view that trans women prisoners should not be kept in male prisons.  She quotes a BBC report in May 2020 that “in the previous year, eleven trans women housed in male prisons had been sexually assaulted.”  She states that not only are they more likely to be victims of sexual assault than to perpetrate it, but likely to be assaulted at a higher rate than cis gender prisoners.”

She recognises that there are cases in which transwomen prisoners have assaulted women prisoners and mentions the case of Karen White, but states that this has been weaponised to derail the campaigns for the rights of all trans people.  “In 2018, some sixty prisoners in England and Wales convicted of a sexual offence were recorded as having declared themselves trans.  The rhetorical importance given to this small cohort can be exhausting for the 200,000–500,000 trans people in Britain who fear being tainted – and denied civil rights – by association.”

“Human rights, broadly speaking, are inalienable. Every human being has the right to autonomy over how they define their gender and to some appropriate expression of it.”  

“This topic is emotive” she says.  Trans peoples’ rights cannot only be “given for good behaviour.  There is no easy way out” and Faye rejects possible solutions that might be seen as just such a way out.  She rejects trans wings in men’s prison or in women’s prisons because trans prisoners who are at risk are harmed further, dehumanised, isolated, and their human rights not respected.  

Faye has a lot to say about the prison system, its endemic violence, and her proposals for change, which she admits are currently “a big ask”, “with little hope of achievement in the foreseeable future”, and which entail “moving towards a world with no prisons at all.”  In the meantime, sexual predators that are trans such as Karen White, must be allowed into women’s prisons despite knowledge of the danger.

Shone reaches such an unappealing conclusion because she must.  ‘Transwomen are women’ and we know they are because they say they are; and since they are they must be accorded all the rights that women have, even if those rights have to be modified somewhat because, as she and everyone else in this ‘non-debate’ knows, women’s and transwomen’s bodies are not the same.  In this case, some of the rights associated with women must belong to transmen even though they are also men; so abortion rights apply to women and also to men.  It is just such men for example who make it ‘transphobic’ to say that only women have cervixes.

Back to part 1

Forward to part 3