If Transmascs Were Saying "erm Transfems Being V-coded Is Just As Bad As My Dysphoria Over Not Having

So, I've noticed a lot of people have talked about how the Trump executive orders mainly affect trans women, due to language used, and how trans men don't have much to worry about.

This, is incorrect, but I've still read the arguments from those who support this position, and I've noticed one thing in common - ignorance of statutory interpretation.

So, I'm here to put my education in law to use, and finally put to rest why these executive orders do and will affect trans men/mascs, once and for all.

Firstly, a primer:

So, there are three main approaches to statutory interpretation, that are relevant. Others such as textualism are mainly applied in Constitutional Law, and I'd argue aren't relevant to this discussion, so I'll skip over it. The approaches, and explanations/examples are as follows:

The golden rule

The literal rule

The mischief rule

Golden Rule: this one is pretty simple. It's the rule that one should interpret the law in a way that will avoid absurd results not intended by the legislature.

An example of this would be a law that says that no vehicles are allowed in a park. "Vehicle" can be defined as such: a conveyance moving on wheels, runners, tracks, or the like, as a cart, sled, automobile, or tractor.

A stroller used to transport children could be applicable to this definition. Do you think the legislature intended for a public park to prohibit parents from walking around with strollers? Interpreting it literally would lead to this, and thus we should apply this rule to avoid such an absurd result

Literal Rule: This one is pretty simple. As the name suggests, this is where the courts simply look at the words of the statute and apply them as they are written giving them their ordinary and natural meaning.

Easy example would be laws on how many dogs one can own in a household. Dog is defined as a carnivorous mammal (Canis familiaris). So, someone who has 10 canines, when the law says four maximum would be breaking the law, and you wouldn't interpret to to say four canines, three cats, and four ferrets would be breaking the law.

Mischief Rule: The mischief rule tells an interpreter to read a statute in light of the “mischief” or “evil”—the problem that prompted the statute. So, you look at what the law originally intended to protect and correct, say, 90 years ago, and interpret the law to reflect this in the modern era. An example of this would be arresting someone for "operating a vehicle while intoxicated", while riding a bicycle down a busy road. Sure, the lawmakers intended for it to be cars and trucks, but if we interpret it the way that they intended, you'll then allow people to ride bikes drunk, and that's a hazard to the person riding said bike as they could seriously harm themselves.

So, with these definitions clearly defined, let's put this into practice, with real world examples:

Keeping Men out of Women's Sports

Pop Quiz: which of the three rules would a Conservative judge utilize? Go on, give it a shot, go back and read over the definitions again if needed- ready?

The answer is: Mischief

This EO was written for the purpose of preventing individuals of the opposite sex from competing with each other. Sure, it talks about how it's to focus on "women's categories", but the intent was to focus on maintaining single-sex spaces, which a trans man in men's sports would go against.

Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government

Ready for another exercise? Which rule would be used here by a Conservative judge?

Ready?

Literal Rule.

This one is pretty simple. It says that spaces for females is only for those with a vagina, and those for males are for those with a penis, as that's the most plain definition of male and female as per the dictionary. Albeit reductive and ignores intersex people, it's still the literal meaning.

Protecting Children from Chemical and Surgical Mutilation

Which rule would be applicable here? Here's a hint:

Ready?

Mischief Rule

The reason being, is that these two sections had the goal of preventing any sort of gender affirming care for minors (those under 19 as per this EO), whether it be surgery or medication. So, a judge would interpret "FGM" in light of this, to prevent the absurd result of allowing treatment for trans men (as they're men and not females, and you can be sure that the judge will respect a trans man's identity in order to enforce this).

So, as you can see from these three real world examples that are often brought up in conversation about how these orders "only affect trans women", it's entirely possible to apply these laws to trans men and transmasculine individuals, through legitimate practices used every day in the legal system. Not every judge uses the plain meaning rule, this is a verifiable fact.

I hope this post was of some use, and has been enlightening to those who weren't aware that this is even a thing, and hopefully we can stop arguing over who has it worse with these EOs, because, as you can see, it doesn't matter how it's written, or what "gotchas" you try to find - because the President wants to destroy trans lives, he can easily do this, no matter how the laws are written, so long as he has the right judges.

I think all this online discourse is eroding my ability to see people in social justice spaces as potentially trustworthy allies, not that I had much of it in the first place but yeah

It took me forever to figure out how anyone could reasonably claim that trans men weren’t directly targeted by the EO about “protecting women and girls from gender ideology” until I thought about how that phrasing would be interpreted if you’re thinking of trans women and only trans women. Now I’m slightly less irritated with people saying only trans women are gonna get hit by the EOs and switching from “are you fucking for real right now, like are you just pretending this isn’t even here” to “hey I thought about how this would apply to trans women, can you do the same for trans men?”

If your focus is solely on trans women, “protecting women and girls from gender ideology” means not letting trans women into women’s bathrooms or locker rooms, which is enforced by forcibly detransitioning them legally and socially. The idea being to “protect” cis women from trans women existing near them.

If you focus on trans men tho, “protecting women and girls from gender ideology” means denying them any sort of medical transition and then forcibly detransitioning them legally and socially because the “women” you’re trying to “protect” are both the trans men themselves and the egg transmascs near them who might consider transitioning because they now see it as an option. (See: the common rhetoric of trans men perpetuating a “social contagion” and giving your “daughters” “ROGD.”). This is also why it mentions FGM; they’re not talking about actual female genital mutilation, they’re talking about transmasculine bottom surgery. Phalloplasty is like +$100k and no insurance covers it, so basically anyone who was saving up for it just got told to go fuck themselves.

Not to mention no matter what their ASAB was, nonbinary people are going to be hit but in a way that lumps them in with trans women and trans men based on ASAB. They are just as screwed as the rest of us.

I’m just saying, it would help so much if y’all would just read something and think about how it affects multiple different types of people.

MASTER POST OF PROSHIP RESOURCES!!! <3<3

this is just for links (bc i just have No Way of formatting this properly), so for more in-depth stuffs and credits, head to the google doc, or the carrd !! :3c

Fiction ≠ Reality

Violent media -

Does Media Violence Predict Societal Violence? It Depends on What You Look at and When

Video Game Violence Use Among “Vulnerable” Populations: The Impact of Violent Games on Delinquency and Bullying Among Children with Clinically Elevated Depression or Attention Deficit Symptoms

Extreme metal music and anger processing

On the Morality of Immoral Fiction: Reading Newgate Novels, 1830–1848

How gamers manage aggression: Situating skills in collaborative computer games

Examining desensitization using facial electromyography:Violent videogames, gender, and affective responding

'Bad' video game behavior increases players' moral sensitivity

Fiction and Morality: Investigating the Associations Between Reading Exposure, Empathy, Morality, and Moral Judgment

Comfortably Numb or Just Yet Another Movie? Media Violence Exposure Does Not Reduce Viewer Empathy for Victims of Real Violence Among Primarily Hispanic Viewers

Fantasy Crime: The Criminalisation of Fantasy Material Under Australia's Child Abuse Material Legislation

Being able to distinguish fiction from reality -

Effects of context on judgments concerning the reality status of novel entities

Children’s Causal Learning from Fiction: Assessing the Proximity Between Real and Fictional Worlds

Reality/Fiction Distinction and Fiction/Fiction Distinction during Sentence Comprehension

Reality = Relevance? Insights from Spontaneous Modulations of the Brain’s Default Network when Telling Apart Reality from Fiction

How does the brain tell the real from imagined?

Meeting George Bush versus Meeting Cinderella: The Neural Response When Telling Apart What is Real from What is Fictional in the Context of Our Reality

loli/shota/kodocon -

If I like lolicon, does it mean I’m a pedophile? A therapist’s view

Virtual Child Pornography, Human Trafficking and Japanese Law: Pop Culture, Harm and Legal Restrains

Lolicon: The Reality of ‘Virtual Child Pornography’ in Japan

Report: cartoon paedophilia harmless

‘The Lolicon Guy:’ Some Observations on Researching Unpopular Topics in Japan

Robot Ghosts And Wired Dreams Japanese Science Fiction From Origins To Anime [pg 227-228]

Australia's "child abuse material' legislation, internet regulation and the juridification of the imaginationjuridification of the imagination [pg 14-15]

Multiple Orientations as Animating Misdelivery: Theoretical Considerations on Sexuality Attracted to Nijigen (Two-Dimensional) Objects

Positive Impact on Mental Health

Art therapy -

The effectiveness of art therapy for anxiety in adults: A systematic review of randomised and non-randomised controlled trials

Efficacy of Art Therapy in Individuals With Personality Disorders Cluster B/C: A Randomized Controlled Trial

Effectiveness of Art Therapy With Adult Clients in 2018 - What Progress Has Been Made?

Benefits of Art Therapy in People Diagnosed With Personality Disorders: A Quantitative Survey

The Effectiveness of Art Therapy in the Treatment of Traumatized Adults: A Systematic Review on Art Therapy and Trauma

The clinical effectiveness and current practice of art therapy for trauma

Writing therapy -

Optimizing the perceived benefits and health outcomes of writing about traumatic life events

Expressive writing and post-traumatic stress disorder: Effects on trauma symptoms, mood states, and cortisol reactivity

Focused expressive writing as self-help for stress and trauma

Putting Stress into Words: The Impact of Writing on Physiological, Absentee, and Self-Reported Emotional Well-Being Measures

The writing cure: How expressive writing promotes health and emotional well-being

Effects of Writing About Traumatic Experiences: The Necessity for Narrative Structuring

Scriptotherapy: The effects of writing about traumatic events

Emotional and physical benefits of expressive writing

Emotional and Cognitive Processing in Sexual Assault Survivors' Narratives

Finding happiness in negative emotions: An experimental test of a novel expressive writing paradigm

An everyday activity as treatment for depression: The benefits of expressive writing for people diagnosed with major depressive disorder

Writing about emotional experiences as a therapeutic process

Effects of expressive writing on sexual dysfunction, depression, and PTSD in women with a history of childhood sexual abuse: Results from a randomized clinical trial

Written Emotional Disclosure: Testing Whether Social Disclosure Matters

Written emotional disclosure: A controlled study of the benefits of expressive writing homework in outpatient psychotherapy

Misc -

Emotional disclosure about traumas and its relation to health: Effects of previous disclosure and trauma severity

Treating complex trauma in adolescents: A phase-based integrative approach for play therapists

Emotional expression and physical health: Revising traumatic memories or fostering self-regulation?

Disclosure of Sexual Victimization: The Effects of Pennebaker's Emotional Disclosure Paradigm on Physical and Psychological Distress

Kink/Porn/Fantasies

Sexual fantasies -

A Critical Microethnographic Examination of Power Exchange, Role Idenity and Agency with Black BDSM Practitioners

Women's Rape Fantasies: An Empirical Evaluation of the Major Explanations

History, culture and practice of puppy play

What Exactly Is an Unusual Sexual Fantasy?

The Psychology of Kink: a Survey Study into the Relationships of Trauma and Attachment Style with BDSM Interests

Punishing Sexual Fantasy

Women's Erotic Rape Fantasies

Sexual Fantasy and Adult Attunement: Differentiating Preying from Playing

What Is So Appealing About Being Spanked, Flogged, Dominated, or Restrained? Answers from Practitioners of Sexual Masochism/Submission

Dark Fantasies, Part 1 - With Dr. Ian Kerner

Why Do Women Have Rape Fantasies

The 7 Most Common Sexual Fantasies and What to Do About Them

Sexual Fantasies

Pornography -

The Effects of Exposure to Virtual Child Pornography on Viewer Cognitions and Attitudes Toward Deviant Sexual Behavior

American Identities and Consumption of Japanese Homoerotica

The differentiation between consumers of hentai pornography and human pornography

Pornography Use and Holistic Sexual Functioning: A Systematic Review of Recent Research

Claiming Public Health Crisis to Regulate Sexual Outlets: A Critique of the State of Utah's Declaration on Pornography

Pornography and Sexual Dysfunction: Is There Any Relationship?

Reading and Living Yaoi: Male-Male Fantasy Narratives as Women's Sexual Subculture in Japan

Women's Consumption of Pornograpy: Pleasure, Contestation, and Empowerment

Pornography and Sexual Violence

The Sunny Side of Smut

Other -

Fantasy Sexual Material Use by People with Attractions to Children

Fictosexuality, Fictoromance, and Fictophilia: A Qualitative Study of Love and Desire for Fictional Characters

Exploring the Ownership of Child-Like Sex Dolls

Are Sex and Pornograpy Addiction Valid Disorders? Adding a Leisure Science Perspecive to the Sexological Critique

Littles: Affects and Aesthetics in Sexual Age-Play

An Exploratory Study of a New Kink Activity: "Pup Play"

Jaws Effect

The Jaws Effect: How movie narratives are used to influence policy responses to shark bites in Western Australia

The Shark Attacks That Were the Inspiration for Jaws

The Great White Hope (written by Peter Benchley, writer of Jaws)

The Jaws Myth [not a study BUT is an interesting read and provides some links to articles and studies]

Slenderman Stabbings

Out Came the Girls: Adolescent Girlhood, the Occult, and the Slender Man Phenomenon

Jury in Slender Man case finds Anissa Weier was mentally ill, will not go to prison

2nd teen in 'Slender Man' stabbing case to remain in institutional care for 40 years

Negative effects of online harassment

How stressful is online victimization? Effects of victim's personality and properties of the incident

Prevalence, Psychological Impact, and Coping of Cyberbully Victims Among College Students

Offline Consequences of Online Victimization

The Relative Importance of Online Victimization in Understanding Depression, Delinquency, and Substance Use

Internet trolling and everyday sadism: Parallel effects on pain perception and moral judgement

The MAD Model of Moral Contagion: The Role of Motivation, Attention, and Design in the Spread of Moralized Content Online

Morally Motivated Networked Harassment as Normative Reinforcement

When Online Harassment is Perceived as Justified

Violence on Reddit Support Forums Unique to r/NoFap

"It Makes Me, A Minor, Uncomfortable" Media and Morality in Anti-Shippers' Policing of Online Fandom

why are people so willing to throw young transmascs under the bus :( feels like our own community still sees us as hysterical girls that can’t be trusted to make our own choices

the spectre of "transmasculinity as a disease which corrupts the purity of cis girlhood" remains strong I see.

Also "testosterone works just as well at 25" GIRL THE GROWTH PLATES. GIRL THE HIP BONES.

So far, 3 of the Trump-pardoned Jan 6th MAGA terrorists have since been arrested on child porn charges. another one killed someone driving drunk the wrong way on a freeway

I can’t help but think detransitioning is a form of self-harm for some of these “detrans females” swept up in the TERF movement. Some of them were never transgender at all, just exploring their gender and finding they didn’t like it. But some are genuinely miserable identifying as women and are continuing to harm themselves by forcing themselves into being something they can never truly be. I’ve never been detrans or bought into that ideology but I have denied myself gender affirming care as a form of self-harm. As in, I am still a man but I don’t think I deserve to receive the help I need to affirm that.

The fact that they get mad gives it away, they don't want you to speak at all.

'transandrophobia doesn't exist in trans communities' mfs when I ask if i can call it misogyny instead

People will really act like talia bhatt just has haters because she's a brown trans woman and not that she's an asshole who covers up her caste status, lashes out at random trans women who she thinks are slighting her, comes up with racist theories about how all genders from other cultures are just misgendered binary trans women with no input from queer people from those cultures, and lied about the existence of a cult and the harm of its survivors. It's just because miss radical feminism: trans flavor is all these minority identities.

What really ticks me off is how often prominent trans women activists try to silence trans men or dismiss their lived experiences as not as important bc they ‘trans misogyny exempt’. Then when transmen try to create their own terms to describe their experiences they claim they’re just attention seeking. Another phenomena that could be behind this is the weird alt right/misogynist to trans woman pipeline for public figures. A lot of self professed ‘former’ nazis dictating the discourse…

I blame Whipping Girl for some of this. It was basically everyone's trans Bible in the 2010s and it massively, massively shit on transmascs and nonbinary people. I don't think we've ever completely recovered from that.

This incident in particular always haunts the back of my mind.

(Obligatory mention that it isn't always trans women that do this. Cis people, nonbinaries, and even trans men themselves will happily trash trans men.)