Trans rights

For a special edition of Downstream IRL, Ash Sarkar is joined by philosopher, author, and one of the world's most cited academics, Judith Butler. Their new book, 'Who’s Afraid of Gender' charts how a transphobic moral panic morphed into an all-our war on so-called ‘gender ideology’. Together, Ash and Judith explore how Britain became TERF island, the limits of self-identification, and what really defines a woman.

The project’s star success story was a young man named Kirk Andrew Murphy, who had been caught by his father posing in the kitchen in a long T-shirt saying, “Isn’t my dress pretty?” In a 1974 paper research assistant George Rekers and Lovaas described Kirk at age five as “‘swishing’ around the home and clinic, fully dressed as a woman with a long dress, wig, nail polish, high screechy voice, [and] slovenly seductive eyes.” At home, Kirk’s father exchanged his son’s red tokens for beatings with a belt, with Rekers’s approval. Eventually, Kirk’s brother Mark started hiding the red tokens to save Kirk from the abuse.

After 60 sessions in the lab, Kirk was declared cured of sissy-boy syndrome. The psychologists noted that after the treatment, the little boy was no longer upset when his hair was mussed and was eager to go on camping trips with his father. Rekers eventually published nearly 20 papers on his client’s alleged metamorphosis, becoming one of the world’s leading proponents of conversion therapy in the process.

Then in 2003, at age 38, after a series of unsuccessful relationships with women, Kirk died by suicide. His sister Maris told Anderson Cooper on CNN that his treatment at U.C.L.A. “left Kirk just totally stricken with the belief that he was broken, that he was different from everybody else.”

The American Psychological Association and 61 other health care providers’ organizations signed a letter in 2021 denouncing the validity of rapid-onset gender dysphoria (ROGD) as a clinical diagnosis. And a steadily growing body of scientific evidence demonstrates that it does not reflect transgender adolescents’ experiences and that “social contagion” is not causing more young people to seek gender-affirming care. Still, the concept continues to be used to justify anti-trans legislation across the U.S.

“To even say it’s a hypothesis at this point, based on the paucity of research on this, I think is a real stretch,” says Eli Coleman, former president of the World Professional Association for Transgender Health. Coleman helped create the organization’s most recent standards of care for trans people, which endorse and explain the evidence for forms of gender-affirming care.

The ramifications of this rule could be far-reaching. All transgender individuals in the state with Florida driver's licenses not aligning with their “biological sex” might immediately be in possession of a fraudulent license. The state could seek to suspend or revoke the licenses of transgender individuals under this policy. Moreover, during traffic stops involving transgender individuals, they could face legal challenges with police officers if the officers believe the driver's license “misrepresents” their “biological sex.” 

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Under this policy, transgender individuals in Florida could face considerable challenges in daily life. Many have already left the state, and of those remaining, 80% reportedly wish to leave. This policy could instantly criminalize transgender individuals who drive in the state with updated gender markers. It would compel transgender people to disclose their identity in any situation requiring a driver's license. Additionally, it would provide Florida a means to enforce its bathroom laws, which criminalize transgender individuals for using bathrooms that align with their gender identity in many public spaces.

Olga (who asked to remain anonymous to protect her identity) is a 26-year-old chemical engineer from Russia and a trans woman. Last November, she fled her home country to the Netherlands and has since been staying at the Ter Apel asylum seekers’ centre in the north of the country. “I had no other choice,” she says. 

Olga’s escape was motivated by a Russian Supreme Court decision to ban the “international LGBTQ+ movement” and label it as an “extremist group”, on a legal par with organisations like Al-Qaeda, ISIS and Alexei Navalny's anti-corruption movement. The proceedings were held behind closed doors and the verdict was vague, allowing the authorities to interpret it how they want.

The result is that violence against queer people in Russia is now fair game. If you “participate in LGBTQ+ activities” – which essentially means if you’re suspected of not being cisgender or heterosexual, or if you speak out about queer rights – you can now face criminal prosecution and receive a two to six year prison sentence.

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In response, many queer people are trying to leave Russia. This isn’t easy, thanks to the international sanctions imposed due to the war in Ukraine. Reachable countries where Russians are still allowed – like the United Arab Emirates, Turkey and Georgia – aren’t safe for LGBTQ+ individuals, either. The international LGBTQ+ advocacy organisation ILGA has urged European countries to protect this group, but so far no country has made concrete commitments.

“All the forms of protection you are normally entitled to as a citizen are gone because of this verdict,” Olga says. “You are seen as a criminal. When you face violence, you can call the police, but there's a good chance you'll be arrested too.”

The 2023 attack on LGBTQ+ rights also included a law banning transgender healthcare that was passed in July. According to information Olga found in a Telegram group, Russian security services now have access to the medical data of people who have undergone transition. One specific hate group has also put together a list of queer activists and journalists who have fled Russia. They have demanded that they return to Russia and threatened a “clean-up operation” to assassinate them in the countries where they now reside.

Audio from a small Twitter Space featuring legislators from Ohio and Michigan was automatically posted publicly, wherein Republican legislators revealed the "endgame" of anti-trans legislation was to ban trans care "for everyone."

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While the beginning of the Space focused more on transgender care for youth, 49 minutes into the discussion, attention turned to transgender adults. Representative Shriver asked, "In terms of endgame, why are we allowing these practices for anyone? If we are going to stop this for anyone under 18, why not apply it for anyone over 18? It's harmful across the board, and that's something we need to take into consideration in terms of the endgame."

Representative Click then responded, "That's a very smart thought there. I think what we know legislatively is we have to take small bites.”

At the 2023 Conservative Political Action Conference, Michael Knowles took the main stage and called for the “eradication of transgenderism from public life” to a standing ovation. Not long after, Project 2025 (led by the Heritage Foundation) published the “Mandate for Leadership,” a 900-plus-page blueprint for the next Republican administration. The first legislative item in the executive summary declares that “transgender ideology” is a form of pornography, and that all pornography should be outlawed. It then goes on to call all trans people “child predators and misogynistic exploiters of women.” It further demands that anyone who is a “purveyor of transgender ideology” be put on sex offender lists and imprisoned.

This an explicit call to make being transgender illegal, and to put anyone who fails to flee or detransition in prison, or maybe camps if there are too many for the existing system to handle. This is already the solution Donald Trump is proposing for other “undesirables.” It’s not coming from fringe organizations: This is the mainstream of the GOP. When Trump promises to be a dictator on day one, it’s so that he can implement draconian policies and laws like these. Average Americans might think, “Surely we would never go this far? This sounds positively Naziesque, and it is, and we’re better than that, right?”

Wrong.

We already have the first state proposing bills to do exactly this (and more) less than a week into the new legislative year. By January 17, more than 200 anti-transgender bills have already been filed. West Virginia’s Senate Bill 197 defines the existence of transgender people as “obscene” and bans them from being within 2,500 feet of any school. Senate Bill 194 would not only ban all transition-related care for anyone over the age of 21, but would also require that all providers (including therapists of all types) attempt to “cure” them. It would define being transgender as a “sexual deviation,” like pedophilia, exhibitionism, masochism, sadomasochism, or fetishism. Senate Bill 195 in West Virginia would declare that any material related to being transgender is obscene, which would have far-reaching implications for the internet and the First Amendment.

In December, five years later than promised, the Tories finally delivered draft, non-statutory guidance for schools on “gender questioning children”. It provoked criticism and concerns from all sides, and is open for consultation until March. But whatever its final form, one aspect of the guidance has gone largely unnoticed.

The document doesn’t tell us anything we don’t already know about this government’s hostile stance on trans identities, inclusion and rights; but, unfortunately, what it does do is further solidify in official documentation and language the politicised phrase “gender identity ideology”. The government is attempting to bring into the mainstream this contested term, a creation of rightwing sex and gender conservatism that dates back to the 1990s, and which forms a key part of renewed attacks against the LGBTQ+ community.

As used in this context, the phrase “gender identity ideology” is actually nothing to do with gender, as in masculinity and femininity, and how this shapes our identities. Instead, it is used to imply that trans, transgender and gender non-conforming identities are a new fad, and that the longstanding social justice movement for trans rights is really a recent conspiracy of nefarious elites.

The use of terms such as “gender identity ideology”, “gender identity” and “social transition” serve to obscure the ideology of gender that members of this government, like all sex and gender conservatives, merrily adhere to themselves, and enforce on us all. Gender ideology is real, but it wasn’t invented by trans men or trans women, and it doesn’t just apply to trans or transgender people. The real gender ideology is the binary sex and gender system that requires all of us to be either male-masculine-heterosexual or female-feminine-heterosexual; and which attaches harsh penalties to those who deviate from this script. Almost all of us will have been socialised on to pink or blue paths from birth, if not by our immediate family, then by the books, TV, toys, clothes and adverts that surrounded us in wider society. This socially prescribed gender informs our gender identity.

In America today, so much has changed that it might seem ludicrous to say that I fear a return to an environment like the 1950s and ’60s moral panic over homosexuality, with its climate of secrecy and fear, and the central role of the press in driving harassment, humiliation, firings, and sometimes suicides. In parts of the country where LGBTQ+ acceptance is firmly ensconced, there’s likely not much conservatives can do to roll back the tolerant attitudes decades of activism have won. But in other places where extremists have taken over governance, LGBTQ+ life, particularly trans life, seems much more precarious than we might have thought. For example, in Florida, trans teachers are already facing laws restricting what pronouns they can be called at work, and perhaps whether they can teach at all. If such laws drive more and more trans people into the closet, lower public visibility may lead to less social understanding and acceptance, driving a vicious cycle where the consequences of outing grow more dire as time goes on.

“I would think that trans people now, clearly, have the closest experience to what gay people had in the 1960s, in terms of the fear your existence activates in the population, and the cynicism of the right wing in exploiting that,” Kaiser said.

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The practice of press outlets terrorizing gender-nonconforming people over their private lives should have stayed in the past. That it could not only happen in 2023, but even end in suicide, should be a wake-up call for where the far right hopes their attacks on the trans community will go. Copeland hailed from the sort of small Southern town where attitudes about the LGBTQ+ community have changed the least, but attitudes aren’t static. Escalating attacks on the trans community, combined with laws designed to humiliate and stigmatize trans people by taking away the ability to change legal documents, barring trans people from using public restrooms, banning positive depictions of LGBTQ+ people in school libraries, forcing trans teachers to misgender themselves in class—all of these measures seek to drive trans people out of public life in these places. Several Republican candidates for president in 2024 have made these their implicit or explicit nationwide plans, if elected.

When people can’t exist openly in public, their true selves fight to be expressed in private, which leads to double lives marred by shame and fear of being exposed. Those are the toxic conditions some now seek: conditions in which outing can serve as the ultimate punishment for queer existence, threatening people’s social acceptance, their livelihoods, and even their very lives

The achievement is a rare one. Chess.com reports that there are only 846 active WIMs globally, a small fraction of the millions of chess players worldwide. Established in 1950, this title recognizes the accomplishments of women in the game. While women are equally capable as men in intellectual and skill-based pursuits like chess, the women’s category aims to encourage female participation in a sport where women are significantly underrepresented. Women often face challenges due to sexism, differences in monetary support, training, and participation in a predominantly male-dominated field.

The achievement also comes after a significant controversy in FIDE. In August of 2023, FIDE announced that under new rules, transgender women had “no right to participate” in women’s chess. Instead, the organization would evaluate trans participation in a process that could take up to 2 years, and all transgender players would have a “transgender” mark in their files. Likewise, trans players could only compete with updated legal identification documents - a major problem given that many political bodies have removed the ability of transgender people to update their identification. It was later revealed that the change was pushed, in part, by anti-trans conservative influencer Riley Gaines in the United States.