US Government rules on Gender Identity

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US Government rules on Gender Identity

Postby Heaven Swan » Fri Sep 23, 2016 9:42 am

Bad news for women.


Obama’s HUD department rules that ‘Gender Identity’ determines ‘Sex’

September 21, 2016

https://gendertrender.wordpress.com/2016/09/21/obamas-hud-department-rules-that-gender-identity-determines-sex/

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REUTERS/Larry Downing photo of President Obama with HUD appointee Julian Castro


The Department of Housing and Urban Development joined other Obama agencies Tuesday in ruling that ‘Gender Identity’ determines reproductive biology and overrides Title IX sex-based protections for women and girls in homeless shelters. The department defines Gender Identity as “the gender with which a person identifies, regardless of the sex assigned to that person at birth and regardless of the person’s perceived gender identity.” [p70]

The ruling allows any male to access female sleeping quarters, showers, and restrooms on the basis of self-declared ‘Gender Identity’. Questioning such a declaration on any basis is ruled as discriminatory and women’s rational need for privacy and safety from male violence is dismissed as “unsubstantiated fears” [p52].

The rule explicitly forbids requesting evidence of a “transition”, including duration, consistency, or sincerity of belief in declared ‘Gender Identity’. There is no provision to address men who may assert ‘Gender Identity’ for an improper purpose:

HUD also revises paragraph (b) to add a provision that the policies and procedures must ensure that individuals are not subjected to intrusive questioning or asked to provide anatomical information or documentary, physical, or medical evidence of the individual’s gender identity.”[p13]

HUD disregards with a handwave the rationale for protection of female privacy and safety against male violence behind the Congress’s Title IX provision for sex-segregation in areas of public nudity:

“Contrary to the public comment that suggests what Congress’s intent was in creating single-sex facilities, HUD does not opine on Congress’s intent behind permitting single-sex facilities, but does make clear in this rule that, for purposes of determining placement in a single-sex facility, placement should be made consistent with an individual’s gender identity. This rule does not attempt to interpret or define sex.” [p30]

Yet the HUD ruling does re-define legal sex -as a characteristic on par with sex-stereotypes of “appearance, behavior, expression”- falling under the newly invented federal category of “Perceived Gender Identity”:

“Perceived gender identity means the gender with which a person is perceived to identify based on that person’s appearance, behavior, expression, other gender related characteristics, or sex assigned to the individual at birth or identified in documents.” [p70]

The ruling itself re-defines ‘sex’ as a component of ‘Perceived Gender Identity’ but the agency also defines ‘Gender Identity’ as a “component of sex’ in its response to public comment:

“In response to the comment with regard to this rule’s impact on a “legal sex category,” this rule does not provide a definition of “woman” or “sex.” In this rule, HUD notes that gender identity—and whether a person identifies with their sex assigned at birth or not—is a component of sex.” [p45]

HUD cites the Title IX re-interpretation of other Obama appointed agencies (which call for the elimination of sex as a protected category) as precedent for Tuesday’s ruling, making no mention of the current legal challenges to this very interpretation by 23 states and various private litigants:

“Consistent with the approach taken by other Federal agencies, HUD has determined that the most appropriate way for shelter staff to determine an individual’s gender identity for purposes of a placement decision is to rely on the individual’s self-identification of gender identity.” [p39]

HUD cites various internet surveys as evidence that males with ‘Gender Identities’ are at greater risk of harassment and violence than women and girls. Therefore HUD rules that women and girls must be forced by the state to sacrifice their own safety and absorb the risk from males who prefer sleeping and bathing among women. HUD addresses the safety concerns of individuals with ‘Gender Identities’ extensively, including those who ‘identify as’ having no reproductive biology at all:

“In circumstances where an individual does not identify as male or female and such information is relevant to placement and accommodation, the individual should be asked the gender with which the individual most closely identifies. In these circumstances, the individual is in the best position to specify the more appropriate gender-based placement as well as the placement that is most likely to be the safest for the individual—either placement with males or placement with females.” [p48]

Yet HUD completely disregards voluminous FBI, CDC, and other forensic documentation of epidemic sex-based violence against women committed by males as “beyond the scope” of the ruling, wrapping up their dismissal with a version of the classic ‘but women rape too!’:

“HUD’s rule requires that individuals be accommodated in accordance with their gender identity. It is beyond the scope of this rule to detail methods for best serving victims of domestic violence, dating violence, sexual assault, or stalking. However, as discussed earlier, this final rule requires that providers must take nondiscriminatory steps that may be necessary and appropriate to address privacy concerns raised by all residents or occupants. HUD notes that both victims and perpetrators of domestic violence and other VAWA crimes include persons who are transgender or gender nonconforming individuals and persons who are not”. [p58]

HUD fully expects violence, (which it calls “physical harassment”) to occur between homeless women and the males placed in female sleeping and bathing areas as a result of this ruling:

“If some occupants initially present concerns about transgender or gender nonconforming occupants to project staff and managers, staff should treat those concerns as opportunities to educate and refocus the occupants. HUD recognizes that, even then, conflicts may persist and complaints may escalate to verbal or physical harassment. In these situations, providers should have policies and procedures in place to support residents and staff in addressing and resolving conflicts that escalate to harassment.”[p17]

Strangely, although statistics show that female stranger violence against males is an infinitesimal probability compared to the reverse, the Federal Department of Housing and Urban Development is, yet again, solely concerned with the former- the issue of women’s protection from male violence being “beyond the scope” of the Obama administration’s mandate to eliminate sex-based protections for women.




Read the full HUD decision here:

https://s3.amazonaws.com/public-inspection.federalregister.gov/2016-22589.pdf



.

Posted by GallusMag
Filed in Feminism, Gender, Government, Law, Trans Politics, Women
Tags: conflict between gender identity and women's rights, gender identity, homeless women, Julian Castro, Title IX, War On Women, women's rights
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Re: Obama’s HUD department rules that ‘Gender Identity’ dete

Postby Heaven Swan » Fri Sep 23, 2016 10:03 am

I wanted to reprint this comment (with my bolding) from the thread on the above article.

Many who post on Rigorous Intuition no doubt know of Penny Pritzker (from the Chicago 1% er Pritzker family) and her and her money's role in the grooming of Obama for president. She has a trans cousin, James/Jennifer Pritzger. Is this why this issue being forced through with executive orders from the top? Many would like to know the source of the vehemence with which the agenda of a tiny minority is being pushed. Any ideas or insights?


HissingOfSummerLawns Says:
September 22, 2016 at 6:09 pm

Do you mean James Pritzker wouldn’t socialize with/give money to a Democratic politician? Penny Pritzker is Obama’s Secretary of Commerce, and James and Penny are cousins, so he and Obama must know one another. Because otherwise, does the fact that Pritzker is a Republican matter? Obama has had a number of Republicans/conservatives either offered positions of power in his administration, like John Sunnunu was, or actually occupying those positions, like Robert Gates and Chuck Hagel.

I mean, I’m not suggesting that James Pritzker is the shadowy figure behind all of this, but I’m genuinely puzzled as to why Obama and his policy wonks are absolutely determined to gut women’s civil rights at the most basic level unless someone with significant money and pull has their ear. Obama’s got a wife and two daughters. Does he despise them? I just wonder if anyone has any insight specifically into the administration’s rationale in shoving trans down our throats, and I’m not really buying “misguided altruism” as an excuse. There’s something oddly personal in the fervor behind it—I mean, really, the movement itself is pushing them to strip away women’s civil rights at the agency level? And they’re complying like that? The movement is that powerful without some sort of insider pushing the administration? Or Obama is that misogynist? I see Black Lives Matter protests on the news cycle 24/7, but that doesn’t seem to be inspiring Obama or his Justice Department to do anything structural to help black people in America, and blacks are a huge and important voting block for Democrats, so why the hell are a miniscule group of people able to force through these huge changes that strip women of their most basic civil rights? I don’t see special rules or huge interventions being made for black people, who actually are being killed and whose movement actually does have the raw numbers that could turn an election. The things BLM wants are mostly common sense/basic justice, like better restrictions on/training for cops and real trials for trigger-happy officers, but they aren’t getting them. So why are trans people so special that no laws or forms of due process apply to them all of a sudden? It’s not like they sprouted out of the ground overnight; Janice Raymond was warning everyone back in the Seventies.

The backlash has now gone on longer than active, organized Second Wave feminism did. By the early Eighties academic departments all over the country were full pomo. Why is the Obama administration part of it? (I’d like to believe in his benevolence and ignorance, but I don’t. Obama is a constitutional lawyer and an incredibly smart, well-informed man. He knows what he’s aiding and abetting here. He was at the U.N. this week cheerleading for the glories of globalization and capitalism, both of which are, in the main, horrible for women. It’s men who profit by capitalism. As of 2012 women were still 60% of the world’s hungry according to the U.N.)

I mean, I went and dutifully voted for Obama twice like a good little girl, and I’ll go dutifully vote for Hillary like a good little girl, but really, what for? She’ll get in, she’ll appoint trans-friendly justices to the SC, and that’ll be it for Title IX. And for women. We’ll be re-litigating for decades just to gain back the ground we once had, which seems very simple: Biological sex exists; therefore women exist. It’s so Orwellian it’s jaw-dropping.

I’m sorry to ramble; I just feel so awful for the women this is going to hurt right now. We’re all going to be hurt long-term, but these are some of the most vulnerable and powerless women in our society, which makes them some of the most powerless people on earth, and I feel so terrible for what they’re going to face. Need a shelter overnight? Sure, but if you don’t keep your mouth shut about that 200-pound dude in a wig in the cot next to you, you’ll have to participate in our re-education camp, in which you’ll have to agree that you don’t exist and that men are benevolent masters. Right this way, ladies. And that’s if everything goes according to plan. If not, more rape and assault and intimidation for women who have likely been assaulted and raped and intimidated many, many times in their lives. Where’s Obama’s hope-and-change meme now?

I guess I just need to get my head around why it’s happening and with such unabated force before I can even begin to figure out how the hell we’re supposed to fight them this time. How are we going to figure out how to put an end to this b.s. under a Clinton administration (if she wins) if we can’t figure out who or what is driving Obama? That’s what terrifies me.
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Re: Obama’s HUD department rules that ‘Gender Identity’ dete

Postby backtoiam » Fri Sep 23, 2016 12:56 pm

Yet HUD completely disregards voluminous FBI, CDC, and other forensic documentation of epidemic sex-based violence against women committed by males as “beyond the scope” of the ruling, wrapping up their dismissal with a version of the classic ‘but women rape too!’:


“If some occupants initially present concerns about transgender or gender nonconforming occupants to project staff and managers, staff should treat those concerns as opportunities to educate and refocus the occupants. HUD recognizes that, even then, conflicts may persist and complaints may escalate to verbal or physical harassment. In these situations, providers should have policies and procedures in place to support residents and staff in addressing and resolving conflicts that escalate to harassment.”


A pervert rapists dream. In other words HUD is saying basically that as HUD facilities becomes festering hell holes of violence, rape, assault, and travesty that the answer will be "deal with it." Divide and conquer at its finest through chaos. In a decade or sooner women living in HUD facilities will be sitting ducks with nobody to help them. Police will be jaded and won't really give a shit. If women in these facilities want to eat and survive they will have to get a gun, lock the doors, and be ready to shoot. Children will grow up watching this.

This will attract the worst of the worst from the straight male community. The true predator dregs of society with no soul.

Little girls and boys in these facilities will grow up in a harmful warped reality.

The transgender community will also suffer because they will be associated with rapist perverts playing the system and they will be stereotyped as such by the larger population. Transgender, gay, straight, everybody will suffer and pay.

Almost seems intentional eh?
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Re: Obama’s HUD department rules that ‘Gender Identity’ dete

Postby Agent Orange Cooper » Fri Sep 23, 2016 4:56 pm

Quite intentional... & all part of The Plan, which is the destruction of the human being in order to create a class of disassociated 'individuals' all expressing their 'unique' identities via pharmaceutical slavery.

Another scary aspect of this is that for merely posting this you could be accused of being a bigot, 'transphobic,' etc. The thought police await passing judgement.
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Re: Obama’s HUD department rules that ‘Gender Identity’ dete

Postby OP ED » Fri Sep 23, 2016 5:27 pm

The article does have an odd slant to it. Leaving basically unaddressed the fact that there isn't a simple prescription for protection of transfolk. I'm not sure that I agree with their approach but not because I see it as inherently sinister but rather that the entire basis upon which homelessness is dealt with is incredibly myopic. If shelters weren't treated as some kind of solution there wouldn't be an issue to discuss.

Clearly housing transfolk biological males with other males doesn't work. They're the only subgroup of humans who experience greater per capita rates of stranger inflicted violence (both sexual and otherwise) than women. Which is itself significant. They've also been almost completely ignored as a subgroup by every previous administration, so any attempt to aid their plight in the existing framework is bound to encounter huge obstacles.
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Re: Obama’s HUD department rules that ‘Gender Identity’ dete

Postby Luther Blissett » Fri Sep 23, 2016 5:42 pm

The average life expectancy of trans women of color is 35 years.
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Re: Obama’s HUD department rules that ‘Gender Identity’ dete

Postby Heaven Swan » Sat Sep 24, 2016 8:51 am

"The average life expectancy of trans women of color is 35 years."

I know that a small minority of gay transwomen are at high risk because they engage in the high risk activity of prostitution, but the vast majority are hetero autogynephiles (they get turned on by seeing/feeling that they are female). 75-80% don't get SRS surgery. Just how are some of these men, plus opportunistic non-trans who are shielded and emboldened by this law not a threat to women and girls? The media covers trans as if they were all innocent flowers incapable of hurting anyone, and the numerous attacks are just not getting coverage. Plus many crimes by transwomen are being reported and recorded statistically as being committed by women.

A recent case
This transwoman brought three kitchen knives to the office of one of her coaches and tried to murder him, inflicting life threatening injuries. Two men who tried to intervene were also wounded in the attack. And under current UK law "she" would be housed in women's prison? Sound safe to anyone? And was it fair that "she" was competing as a woman and winning so many races?



Yorkshire fell-runner Lauren Jeska admits attempting to murder athletics official

http://www.yorkshirepost.co.uk/news/cri ... -1-8141060

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Former Yorkshire fell-running champion Lauren Jeska has admitted the attempted murder of a British Athletics official and assaults on two other men who stepped in to help him. Jeska, who ran for Todmorden Harriers, pleaded guilty to attempting to kill former rugby player Ralph Knibbs, who was stabbed at the Alexander Stadium in Birmingham in March. She also admitted two charges of having a knife in a public place, during a video-link appearance at Birmingham Crown Court. Former Bristol RFC centre Mr Knibbs, the head of human resources and welfare at British Athletics, was in court to hear Jeska, 41, enter her pleas from a video conferencing suite at HMP Foston Hall in Derbyshire. The court heard the injuries of Jeska’s other victims - accountant Timothy Begley and finance director Kevan Taylor - were “not of the most serious order”. Judge Philip Parker QC was told that the defendant had been the subject of psychiatric assessment but further reports would be necessary before she is sentenced on November 15. After Jeska’s pleas were entered, prosecutor Timothy Atkins QC said not guilty pleas to charges of wounding were acceptable to the Crown and that the victims were content with the decision not to proceed to a trial. The lawyer told the judge: “I have had the opportunity of consulting those who instruct me and they have spoken with the complainants in this matter.

During the course of the attack (on Mr Knibbs), Mr Taylor and Mr Begley went to his assistance and both were injured. “Thankfully their injuries were not of the most serious order and so the pleas to wounding are acceptable to the Crown given the pleas that have been entered.” Although Jeska, of Machynlleth, Powys, admitted possessing two kitchen knives, one with a wooden handle, she denied possessing a bread knife which had been left in a bag before the attack on 51-year-old Mr Knibbs. Before the proceedings were adjourned, defence counsel Julie Warburton said steps had been taken to obtain funding for further reports.

Read more at: http://www.yorkshirepost.co.uk/news/cri ... -1-8141060
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Re: Obama’s HUD department rules that ‘Gender Identity’ dete

Postby Wombaticus Rex » Sat Sep 24, 2016 12:28 pm

Luther Blissett » Fri Sep 23, 2016 4:42 pm wrote:The average life expectancy of trans women of color is 35 years.


With a deep breath and the knowledge I am treading into stupidly offensive territory, is that because their community is, statistically aggregate wise, less accepting of trans folk? The only such person I know had to leave the city they grew up in because every turned their backs on them - friends, family, church, musical collaborators.

Meanwhile, I've got local friends who grew up listening to NPR and never attending church who are currently running a GoFundMe campaign to help their 7 year old get surgery and "transition."

Edit: Seal of Extrapolating From Only One Example and Juxtaposing It With the Most Extreme Example I Had Available
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Re: Obama’s HUD department rules that ‘Gender Identity’ dete

Postby Agent Orange Cooper » Sat Sep 24, 2016 5:34 pm

Wombaticus Rex » Sat Sep 24, 2016 9:28 am wrote:Meanwhile, I've got local friends who grew up listening to NPR and never attending church who are currently running a GoFundMe campaign to help their 7 year old get surgery and "transition."


& just think, these are the same people who are up-in-arms about how 'global warming' will affect our children's future! It's the epitome of kneejerk liberal insanity.
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Re: Obama’s HUD department rules that ‘Gender Identity’ dete

Postby OP ED » Sat Sep 24, 2016 8:36 pm

Agent Orange Cooper » Sat Sep 24, 2016 4:34 pm wrote:
Wombaticus Rex » Sat Sep 24, 2016 9:28 am wrote:Meanwhile, I've got local friends who grew up listening to NPR and never attending church who are currently running a GoFundMe campaign to help their 7 year old get surgery and "transition."


& just think, these are the same people who are up-in-arms about how 'global warming' will affect our children's future! It's the epitome of kneejerk liberal insanity.



Perhaps. I'm not certain how I could react to a child suggesting somethings like this. Perhaps patience is the best approach.

I'm not sure what that has to do with global warming other than that its very likely it won't be just our childrens' problem to deal with.
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Re: Obama’s HUD department rules that ‘Gender Identity’ dete

Postby tapitsbo » Sat Sep 24, 2016 8:58 pm

Very true - also true that government and community belief systems are just as relevant to topics like the OP as individual decisions are.
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Re: Obama’s HUD department rules that ‘Gender Identity’ dete

Postby Heaven Swan » Sun Sep 25, 2016 5:43 am

I'm not sure I fully understand these comments but thanks for commenting.

In regards to the transgender issue, I'm seeing, like in a lot of other areas, a huge difference between reality and how something is presented in the media i.e. news, TV shows and movies. For example, the CIA and FBI are often presented as heroic and professional, and the War on Terror a straightforward campaign against "ISIS". In the media, women are often scheming manipulators and when abuse is depicted, the perpetrator is more than likely female...

Since many people have little to no exposure to trans in real life, a lot of their ideas are being shaped by glowing media portraits where the transwomen are often depicted as very well-passing, often beautiful but persecuted flowers. There's big money and social acceptance right now in jumping on the trans-friendly media frenzy. Even Eve Ensler, whose play The Vagina Monologues was vilified and shut down by trans as transphobic for mentioning female anatomy (which offends them by making them feel excluded) has jumped onto the gravy train with a web TV series about transwomen that is not at all nuanced and could probably be classified as straight-up trans supportive propaganda.

F to M trans men are mostly absent from the media, but in real life the numbers of F to M trans are spiking and overtaking M to F.

Having a bit of a window into trans through some friends and acquaintances, one of the things I find most disturbing is : the devastation to female bodies by synthetic testosterone. It seems to cause damage to the pelvic floor and becoming incontinent (and having to wear diapers) in one's thirties or forties is a thing, not to mention health problems like pulmonary embolism, heart attack and stroke, cancer and early death.

There's so much more but I'm getting tired. The damage being done by this trans craze is hard to witness, and expressing oneself about it risks making you a pariah or social outcast- kind of like advocating for 911 truth or speaking out against MK Ultra mind control.

The government created (or had a hand in), and the media covered up- 911, MK Ultra, wars and coups galore...and now it seems we can add the (medicalization of) the trans trend to the list of goverment/corporate/media sponsored atrocities. And the cover-up will continue until public outcry and the truth become too loud and too obvious to ignore. For the sake of the victims, I hope that day comes soon.
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Re: Obama’s HUD department rules that ‘Gender Identity’ dete

Postby Project Willow » Sun Sep 25, 2016 6:55 pm

Heaven Swan » 25 Sep 2016 01:43 wrote:I'm not sure I fully understand these comments but thanks for commenting.

There's so much more but I'm getting tired. The damage being done by this trans craze is hard to witness, and expressing oneself about it risks making you a pariah or social outcast- kind of like advocating for 911 truth or speaking out against MK Ultra mind control.

The government created (or had a hand in), and the media covered up- 911, MK Ultra, wars and coups galore...and now it seems we can add the (medicalization of) the trans trend to the list of goverment/corporate/media sponsored atrocities. And the cover-up will continue until public outcry and the truth become too loud and too obvious to ignore. For the sake of the victims, I hope that day comes soon.


A couple weeks ago, I was called a bigot for saying, "I'm concerned about who gets to define what a woman is." This by a person of some standing in my community, the same woman who suggested my clitoris project was transphobic. I have now been branded as a horrible person, as if coming out as an MC survivor wasn't marginalizing enough.

Here's another troubling trend I'm seeing, in Gender Critical circles no less, comparing the trans fad to satanic panic and multiple personality disorder. It's so common now, I've stopped regularly following a couple of GC communities.

...................

Women are oppressed based on biological sex, not gender (a social construct). If we are barred from using certain language, and indeed in some cases, from even discussing female biology in the interest of inclusiveness or anti-discrimination, we are prevented from speaking about our oppression.

Video that reviews the ongoing erasure of women in the wake of trans activism:

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Re: Obama’s HUD department rules that ‘Gender Identity’ dete

Postby Heaven Swan » Mon Sep 26, 2016 12:58 am

Project Willow wrote:
Here's another troubling trend I'm seeing, in Gender Critical circles no less, comparing the trans fad to satanic panic and multiple personality disorder. It's so common now, I've stopped regularly following a couple of GC communities.


I noticed some Satanic Panic stuff too, in a comment section. I found it highly disturbing but I don't always have the fortitude to take on these people on. I did wonder if the commenter who started it was a professional disinformationist seeding memes to back the agendas of the criminal networks....but maybe that's wishful thinking.

Sorry to hear you had to stop following. I've seen very occasional comments along those lines. How can people be so perceptive on one hand and totally lose it on another? I do suspect that there are Network pros out there trying to infiltrate and influence internet discourse. They couldn't get away with that here but in the Gender Critical setting it's a side issue coming out of left field.

Re: multiple personalities I have at times wondered how much dissociation plays into shifting trans identities. If you read articles and blogs by detransitioners (I'm referring mainly to F to M here) many have come to the conclusion that trauma was the source of their 'dysphoria' and dissociation was a major player. One that I was reading recently (Mark/Mariza Cummings) said that transitioning feels like the witness protection program- you can leave your old self behind and become somebody else- and if you don't like yourself that can be quite appealing.

BTW sorry you had the friction with the lib fem artist. What a bizarre (pseudo) political climate we're living in.
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Re: Obama’s HUD department rules that ‘Gender Identity’ dete

Postby American Dream » Mon Sep 26, 2016 7:17 am

Just like the "Muslim Rape" flaps, some of the people and groups attaching themselves to this sort of cause should give a shit about Feminism and other such liberatory movements, no matter what their rhetoric...
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