The response to the @canlawmag article on preferred gender pronouns does not reflect well on Canadian lawyers. Most of the responses were just generic accusations of transphobia but there were a few points that have enough coherence to merit a response. /2 web.archive.org/web/2021020606…
“People have a right to their name and pronouns.” Names and pronouns are different. Names are personal. You have a right to choose your name and require others to use it. Pronouns are part of the shared resource of a language. Words in a language need a shared meaning. /3
In English, the pronouns “he” and “him” describe male persons while the pronouns “she” and “her” describe female persons. Since time immemorial, male and female have been biological categories and humans have a highly evolved capacity to distinguish the two. /4
Changing the meaning of a word requires people not only to use the words but to accept the ideas conveyed by the words. When you refer to a male as “she” or a female as “he” you are accepting the idea that biological sex is less relevant than self declared gender identity. /5
The argument that people have a basic gender identity that must be respected begs the question. Not everyone believes in the existence of gender identity just as not everyone believes in a god or an the existence of the soul. /6
Pronouns are not personal but universal. Prescribed pronouns force people to change they way they think not only about the person in question but the whole world. /7 janeclarejones.com/2018/12/08/ont…
If I am forced to use the pronoun "she" to describe male persons I lose part of the language necessary to differentiate between male and female. (See Orwell's essay at the end of 1984 on the principles of Newspeak.) orwell.ru/library/novels… /8
Imposing a general obligation to use preferred pronouns also imposes compliance with a particular way of thinking about sex and gender. Freedom of thought and belief are protected by Section 2 of the Canadian Charter of Rights and Freedoms. /9
Section 15 of the Charter expressly protects against discrimination on the basis of sex. The binary nature of sex is acknowledged in s. 28 which states that rights are “guaranteed equally to male and female persons” (“les deux sexes”). /10
The artificial language used in court is already intimidating to witnesses Using arbitrary and unfamiliar language exacts a psychological cost. This cost bears hardest on some of the most vulnerable: female victims of sexual assault. /11 fairplayforwomen.com/pronouns/#:~:t….
A clever lawyer may be able to side-step the issue of pronouns by saying a "person with a penis." But sexual assault victims are often not well educated and always badly traumatized. Enforcing correct pronouns on assault victims is sheer cruelty. /12
Many criticisms of the article refer to the "misgendering" of a trans identified girl. Once again, this is an example of begging the question. There is certainly a body of opinion that gender confused children benefit from having their identity affirmed. /13
However, there is an equally strong body of professional opinion that gender confusion in children and adolescents is frequently the result of undiagnosed mental health problems and social contagion and that affirmation will push them towards harmful medical transition. /14
The final argument is why make a fuss. How does using preferred pronouns hurt you? The answer is not much, if you are a upper or middle class professional with grown or mentally healthy children. /15
But if you are a sexual assault victim, a woman forced to share intimate spaces with male bodies or a gender dysphoric child, the harm of losing the language to speak about your experience clearly is real and serious.
Please share widely. The author is extremely brave to risk the personal and professional attacks that have already started as a result of this article. canadianlawyermag.com/news/opinion/b…
The pressure to withdraw the article has started. Send a letter to the editor of @CanLawMag at tim.wilbur@keymedia.com to show your support.
@CanLawMag has now taken the original article down.
Thread on the Quebec decision on changing sex markers on birth certificates. This is a civil law case so I can't comment on some legal issues but there are factual and procedural points that are relevant across Canada, and the world for that matter. /2 canlii.org/en/qc/qccs/doc…
In addition to the individual applicants, the parties were Center for Gender Advocacy, Egale Canada Human Rights Trust, LGBT Family Coalition and Gender Creative Kids Canada. Four parties on the same side with no public representation of the opposing view. /3
The hearing lasted 20 days and it took 2 years for the judge to deliver his decision. Compare the Bell v. Tavistock hearing, which lasted 2 days and was decided in less than 2 months. Costs and delay are a problem throughout the Canadian justice system. /4
The response from @MinJusticeEn to the petition of @GilleanSays is filled with sloppy thinking. Conversion therapy is described as a practice which discriminates against LGBTQ2 people. But conversion therapy is not a single practice and LGBTQ2 people are a diverse community. /2
The Bill simply copies talking points from lobby groups rather than than attempting to apply serious legal analysis. The government has either not read or chosen to ignore the multiple briefs which argued that sexual orientation and gender identity are different. /3
The Minister says that the mental health and medical professions denounce conversion therapy aimed at
"achieving a cisgender or heterosexual outcome." While there is a professional consensus that changing sexual orientation is wrong there is no agreement on gender identity. /4
#Billc6 update. The minutes for the clause by clause review of Bill C-6 on conversion therapy have been posted so we can see what other amendments were proposed. The approved amendments are in the report of the committee. /2 ourcommons.ca/DocumentViewer…
There were a series of amendments proposed by @r_garrison which would have made the bill more restrictive by extending the ban to adults. These were rejected. The one amendment that passed changed the wording of the exemption in a way that, in my view, is a small improvement. /3
This is the amendment proposed by Rob Moore. It misses the point. In my opinion, the government is correct that the words "practice, service or treatment" already exclude private conversations or expressions or opinion that do not form part of formal counselling or therapy. /4
Looking ahead on #BillC6. The Justice Committee will do clause by clause review of Bill C-6 tomorrow. Based on the comments at the hearings, I expect the Bill to be approved without amendment. After Friday, the House is scheduled to adjourn until Jan 25, 2021. /2
When the House returns it will consider the committee report. Amendments can be proposed at this stage. It will then move on to third reading debate where there is a further opportunity to propose amendments. This is likely to happen sometime in February. /3
The Bill then goes to the Senate, which repeats the process. After second reading, the Bill will be referred to the Committee on Legal and Constitutional Affairs where there will be another chance for public input. /4 sencanada.ca/en/committees/…
@r_garrison has made a shameful attack on the @DetransCanada Most detransitioners are young women who have to struggle with all the problems of being young and female in addition to the problems caused by their gender and the untreated problems that led them to transition. /2
Most detransitioners suffered from serious mental health problems and for many of them these problems are still ongoing. It take exceptional courage for these young women to ask to speak in a public forum. They don't deserve to be ignored and called liars.