Again, because Serafina is describing me as the big scary Boo-Man, I have to clarify my position: There is a difference between the fact how one is addressed and how one is allowed to live. Addressing transsexuals according to their sex as all other human-beings are addressed accordingly to their sex has no bearing on how they are allowed to live. I have said several times already that I do not question the right of transsexuals to live the life they want to live. If Serafina wants to live a feminine life, that’s totally okay with me. I refer to what I have already written here and here.
And that is where you fail.
Being addressed the right way is CRUCIAL for transsexuals, simply because someone who doesn't address them as female (or male for transmen) doesn't see them as female.
But the question how a transsexual is to be addressed has nothing to do with their way of life and the question is how we decide how to address another person.
How about "politely, and according to that persons wishes?" Is that really that hard?
And all people are addressing other people always accordingly to the assumed sex. There is a very simple reason for that: We do not know the gender of a person we have just met. There is no way to know it unless we ask. Not even the appearance is conclusive because the other person could merely be a transvestite, a masculine woman or a feminine man who are no transsexuals. But because the appearance usually conforms to the sex, we infer from it the sex.
People go by appearance, as you just said.
Most transwomen appear according to their gender -female. Hence, most people address them according to that (certainly the case with me). If not, i simply ask politely to change the address.
You are violating the principles presented here, since you infer my sex from something else (genetics, according to you). That's simply dishonest.
But usually, the moment we learn the truth, we will correct us and continue to address the person accordingly to their true sex.
For what reason?
The person doesn't want it, "lying" doesn't hurt anyone - so why do you do it, other than your own bigotry?
Again you are ignoring morality in favor of upholding "the TRUTH".
Insofar transgenders want to get a special treatment, if they are demanding that all transgenders have to be addressed accordingly to their gender and not accordingly to their sex.
Even if we assume that it is a special right - what's wrong with that?
It doesn't even require mental acrobatics - YOU are the bigot who runs around and demands that people ignore their first impression (perceiving me as female) and address me otherwise.
The appearance could not deceive anymore and all would know the real sex of the person.
Flat-out lie and ignorance of reality.
The question now is why the sex of a transgender (or the fact that someone is a transgender at all) should be kept a secret.
Because my genetic makeup is not a public concern? Why should it concern anyone?
By the same logic, you could demand that genetic diseases are publicly proclaimed as well.
Or don't you recognize the right for privacy?
To keep it secret has two consequences: One will be addressed accordingly to the apparent sex and the fact that someone is a transgender is not disclosed.
Both are positive, since the former is good for transsexual people and the latter falls under the right for privacy.
Some transgenders are arguing that how they are addressed is important to them because they can only feel to be what they are if they are addressed accordingly. This is wrong on several levels. Their identity is not defined by how they are addressed by others.
Actually, since transsexual people are often struggling to be seen according to their gender, your method would be highly detrimental.
If transgender know their sex and their gender, the way they are addressed should be unimportant, especially if they know that the way they are addressed depends on their sex and not on their gender and that if someone addresses them accordingly to their sex, it says nothing about that someone’s acceptance of their gender and way of life. Again, only if transgenders are diffusing sex and gender and are thinking that if someone, when recognizing their sex, is denying their gender, are there problems. Otherwise they would understand that the recognizing of the sex in the addressing says nothing about the acceptance of the gender and the way of life of a person.
Addressing me by my sex shows me that you ignore my gender in favor of it. Since i want to be seen according to my gender, you demonstrate that you do not do so.
Oh, and by the way - nice broadening of the thematic - transsexuality may be part of the term transgender, but we are still discussing transsexuality. Widening it to transgender is merely obfuscation.
But the most important reason Transgenders do want that is that they have experienced discrimination as transgenders or are afraid to experience discrimination if the fact that they are transgenders is disclosed. They simply do not want that everybody knows that they are transgenders. They want to deceive everybody in believing that they have the sex as it appears. Then they do not have to suffer the prejudices of those who are bigoted.
This is wrong HOW?
Again, you are ignoring the right for privacy when you demand that their sex is publically disclosed.
But that is, by the way, one reason why it is immorally to address transgenders accordingly to their gender. Not only deceives it and those who have are unfamiliar with transgenders would be angry a fortiori because they are deceived. But the consequence is that transgenders are not seen as such in public.
Transsexual people do not WANT to be seen as such. Why should they?
Transsexuality is not an identity, but merely the state of having a gender identity that conflicts with your sex.
And again, you ignore the right for privacy.
Most people do not know transgenders and even if they met a transgender they wouldn’t know it. Such a behavior is hardly able to conquer any prejudices. As long as transgenders are not going public and are saying what they are, as long as most of all people are not familiar with the phenomenon, nothing will change.
Flat-out lie.
The best way to fight prejudices against transsexuality is to simply show that transsexual people are just like every other member of their gender, with the exception of certain biological facts (again, right for privacy).
How could it? Even if it is addressed in media etc., it stays for all who have never met a transgender as such a theoretical phenomenon. Only if transgenders are going public and are saying: » Yes, I am male but I have a feminine gender and according to that I want to live a feminine life «, something will change and prejudices will get reduced.
Why?
Publicly declaring that one is different will hardly convince anyone of ones equality.
I believe I said something similar already earlier. It is as if a black-skinned person, because the person does not want to agitate racist white skinned people, paints himself white instead of saying: » Here I am. Yes, I am black. That does not make me a subhuman being as you can see now. Accept me as I am. «
That’s what black-skinned people have done: They have not kept their true skin-color a secret but have demanded to be accepted as they are.
Because they are not capable of hiding it.
This is not the case with transsexuality.
That’s what women have done: They have not kept their sex a secret but have demanded that they are accepted as they are.
That’s what homosexuals have done: They have not kept their homosexuality a secret but have demanded that they are accepted as they are.
Same thing.
And both have NOT (solely) been established by radically presenting yourself as different, but mostly by showing that one is just as normal as everyone else - women doing men's jobs just as well etc.
But transgenders do want to keep their transsexualism a secret. They want to be regarded as belonging to the opposite sex and nobody should know that their true sex is another than what it appears to be.
Again, this is wrong why?
Evidently, the privacy of others has no value to you.
To a certain degree I can understand that cowardice because I know that transgenders are discriminated from many people only for being transsexual.
Ah, now it's cowardice. Nice strawman distortion.
But black-skinned people, women and homosexuals had the same problem too and they have achieved their equality only because they have gone public. Only because of that we are now familiar with woman, black-skinned people and homosexuals with equal rights to these of white straight men.
Your comparison is, again, false - doing what you demand would achieve the exact opposite of what transsexual people want.
The solution for the problems of transgenders cannot be a law that allows transgenders to hide their sex but has to be laws with the threat of punishment that are forbidding the discrimination of transgenders only because they are transgenders.
Oh, so you are against anti-discrimination laws now as well. Does that also apply to women or sexual orientations?
Regarding the legal situation in Germany, I simply refer to the Human Rights Report 2009 of the Campaign Transsexuality and Human Rights.
If I say something about the legal situation in Germany, Serafina would contradict me on principle. I hope that such a report has more credibility.
Because you tend to be blatantly wrong, which is strange for a supposed lawyer.
You claimed that the ruling of our supreme court was not binding for other courts in one specific case (and in general), which is blatantly wrong.
You claimed that there is no law that establishes that transsexual people have the same rights as others of their gender - even tough we discussed the TSG earlier.
You claimed that the Yogyacarta-Principles are german law, even tough you chewed me out for a similar error earlier - and in this case, they are not even a signed treaty.
You also ignore that that human rigths report explicitly critizises addressing transwomen as men, as well as declaring them a new gender:
(by the way, you posted to a document that can conveniently not be quoted. Not that that stops me).
It is time girls born with a penis and testicles and boys born with a clitoris and a vagina are legally recognized as such.
As of August 2009, there is not a single report known to us on German television that actually respects the gender identity of a transsexual person!
.....
A persons gender identity must be recognized and respected, especially in the media. Transsexual women are not men, rather women with a penis and testicles. Transsexual men are not women, rather men with female genitals and gonads.
You are obviously only referring to the parts of that text that suit your bias. It's funny how you are shooting yourself in the foot by appealing to a source that contradicts you.
As everyone can see, the legal situation in Germany saddly is not as good as Serafina claims. Quite the contrary, it is terrible.
Quite the contrary, while it was originally quite biased, it allows transsexuals to be fully recognized according to their gender, something which is still not possible in many countries.
They are criticizing the process, NOT the outcome.
If I could change the law, I would introduce next to the already existing category sex the category gender. And I would change the category name to a category earlier names and introduce a category current name.
Everyone would be allowed to declare their own gender as everyone would be allowed to change their name.
Completely unnecessary, since there is no need for a third gender (else, demonstrate it).
Furthermore, completely abolishing the process is not in anyones interest, tough making it faster would certainly be good.
But I also would forbid transgenders to keep their sex secret.
Why? Ever heard of the basic human right for privacy?
They do not have to announce to everybody they meet their sex. But if asked from someone they have to answer (that usually happens very seldom because the sex and the gender is not really relevant in the day to day life), they have to be honest because their sex has nothing to do with their gender and to reveal their true sex is no discrimination.
Who would that be?
In front of the law, there is no difference right now - the legal status is identical to that of others of their gender.
To medical professionals, it' obviously in ones self-interest to reveal it if necessary - no law required.
Private persons have no valid right for such an inquiry.
As everyone who studied law should know, laws need to exist for a reason.
Your proposed law utterly lacks reason.
And then I would let the language develop. Everyone could decide if they want to address someone according to the sex or according to the gender. But regardless how someone is addressed, it is no discrimination as long as the gender and the right to decide how one wants to live as such is recognised.
I would not force by law people, who are used to chose the grammar gender accordingly to the sex of an individual, to change their language and start to chose the grammar gender accordingly to the never really obviously gender.
At the beginning, that may be difficult not only for transgenders but for other people too. But in the long run all would get used to it and the result would be a more tolerant society who really understand that sex, gender, sexual preferences and life style are not the same.
We are already further than that, except in the mind of bigots.
Nearly everyone i meet addresses me according to my gender.
That includes random strangers of all kinds, people who know my sex (mostly because i have to show my ID on that occasion), government officials etc.
The only people who have a problem with doing so are people who know me for a very long time, mostly family.
Yes, there ARE people who do not do that - there are always bigots.
But right now, the law actually offers the ability for improvement there - as soon as my first name is changed, i can sue for discrimination if appropriate.
You want to remove that limited protection and protect the bigots instead.
That's my opinion. Maybe I'm naive but I think that to ignore facts, to claim that someone with a male sex is a woman, what from everyone is understood as having a female sex, is wrong and not conducive and therefore not morally.
You are either extremely naive (unlikely for a supposed lawyer'') or bigoted.
Also, stop lying. I do NOT ignore my sex - but it is unimportant when determining how a transsexual person should be addressed, and it is also protected by my right for privacy.
Your bigotry is simply that you want no protection for transsexuals whatsoever, and that you cling to genetics as the ultimate determination of "truth", which you uphold above all else.
You are still claiming that it is morally wrong to address someone according to their gender, and that one should be corrected if one does so in conflict with sex.
You utterly ignore why a correct address is important for transsexual people and also ignore their right to dignity. Even your own source disagrees with you.
You are talking a lot about how you want to improve the law, all in favor or the transsexuals - while at the same time eradicating the limited protecting they have.
Your attempts are needlessly complicated as well, without much additional benefit if compare to simple changes in the already existing law - something a student of law should recognize.
You are repeatedly claiming that sex is the only important factor, and that it should be uphold above all. You even contradicted yourself in your last post on that.
You simply fail to recognize that ones own biology is no one elses business, a basic right for privacy (with a few exception of course).
Essentially, YOU are advocating treating transsexuals unlike everyone else - as a RESULT, while i simply recognize the need to do so as part of a PROCESS (where the end result is equality).