Definitions are exclusionary by definition

First of all the headline.

Narrow legal definition of sex in Montana bill would jeopardize protections for trans people

What “narrow”?!! It’s just the definition. A small set of people are trying to force all of us to “broaden” the definition so that it means nothing. If sex stops meaning “female/male” then it’s just random. (Of course there are other meanings of “sex,” in particular the activity, but the definition PBS means here is the one that names female or male.)

A bill advancing through Montana’s statehouse would legally define a man as someone who produces sperm and a woman as someone who produces eggs — and apply that definition to 40 aspects of the state’s legislative code, from employment protections and school sports teams to burial records and marriage licenses.

The 60-page bill, which is being considered in the House after being passed by the state Senate on March 17, is an extreme example of a trend growing across the country this year: anti-trans bills that focus on narrowly defining sex.

But it’s no more “narrowly” than excluding bananas and peaches from the definition of “cherries” or rabbits and raccoons from the definition of “birds.” Definitions are a kind of thing you don’t want to make wider or broader, because then they can’t do the work of defining. It sounds conservative in the sense of mean and pinched and joyless, this business of “narrowly” defining sex, but that’s a rhetorical ploy. Definitions are necessarily narrow; a “liberal” definition is a useless definition.

LGBTQ+ advocates say it’s part of an attempt to totally push transgender people out of public life by excluding them from as many areas of law as possible.

If that really is what LGBTQ+ advocates say then they’re lying. The attempt is to prevent addled “activists” from defining women out of our rights.

“With SB 458, they’re just jumping right to the finish line,” said SK Rossi, a longtime LGBTQ+ activist and lobbyist based in Montana. “They essentially just decided to wipe us from the code . . .  which means you actually can’t function in public spaces or public systems as yourself without either lying to the state or to your local government about the gender you were given at birth, or misgendering yourself at every juncture of your public life.”

Wut? Where does the necessity to lie to the state or to your local government about the gender you were given at birth come in? The point is to tell the truth about the gender/sex you were determined to be [not “given”] at birth.

Logan Casey, senior policy researcher and adviser for the Movement Advancement Project, which monitors LGBTQ+ policy, has tracked 15 active bills introduced this year across 11 states that aim to define, or redefine, sex…Not every bill is focused on defining men and women by their reproductive capacities, but all aim to make a legal distinction between men and women based on their characteristics at birth.

Because that’s the distinction that counts. People don’t pop out male and then become female 10 or 20 or 50 years later. It doesn’t work that way.

Shawn Reagor, director of equality at the Montana Human Rights Network, said that the state has seen a “disturbing” rise in the quantity and harm of anti-LGBTQ+ bills compared with its last legislative session — and that more Republicans are rallying around them.

Montana’s proposed bill to define sex creates many unknowns, Reagor said — how it would be funded, how it would be implemented and how it would be enforced. It has the potential to impact transgender people in nearly all parts of their day-to-day life — through housing protections, identity documents, employment and health care.

“It entirely eliminates the existence of intersex people. It tries to force trans and nonbinary folks to misidentify their gender. And it has huge implications for the rest of the state, taking us back hundreds of years,” he said.

Hundreds of years? So we’ve had these new exciting progressive definitions of “women” and “men” for hundreds of years? Any citations for that?

Ezra Ishmael Young, who teaches constitutional law at Cornell Law School, said Montana’s bill clearly violates the state’s own constitution, as well as the federal Constitution. In the 1970s, Montana added an “individual dignity” clause to its constitution — stating that “no person shall be denied the equal protection of the laws” or discriminated against by the state on the basis of sex.

Montana’s Supreme Court has held that the plain meaning of the dignity clause protects the intrinsic worth and basic humanity of its citizens — which is “directly at odds with what this bill aims to do,” Akilah Maya Deernose, staff attorney at the ACLU of Montana, told reporters at a virtual briefing on Wednesday.

I don’t see it. That’s a less batshit claim than many of these claims, but I still think it’s wrong. I don’t think the worth and basic humanity of people relies on a right to lie about oneself and force everyone else to agree with the lie. In fact I think this line of argument pulls in the other direction – I think it’s infantilizing. It amounts to saying we all have to humor everyone’s delusions about the self, when a huge part of growing up involves shedding delusions about the self. “Oh, actually, I’m not more important than everyone else, I’m not more special than everyone else, I don’t deserve better treatment than everyone else, I’m not a miraculous miracle compared to everyone else.”

12 Responses to “Definitions are exclusionary by definition”