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:
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.
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.
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.
'transandrophobia is white male fragility' mfs when i start talking about the insane situation of trans men in the global south and how they're all useless westerners who don't give a shit about non-american poc.
Leftists: Everyone is a little bigoted. Bigotry is deeply integrated into our society. Everyone picks up on it. You have to actively unlearn it. Check your bias. Your intentions might be good, but you're not immune to bigotry learnt since childhood. Even if you're an activist already. Even if you have friends from the minority. Listen to marginalized voices. Take the critisism. This is the only way to overcome our internalized prejudices.
Jews: Hey so–
Leftists: ZIONIST!!
not to sound blunt but the idea that a trans woman who raises her voice or is rude or speaks over someone else is behaving in a uniquely male manner is just blatantly misogynistic and i don't think you need a gender studies degree to understand that
The privilege to be forcibly married off
The privilege of being raped and impregnated to "correct" their gender
The privilege of not being treated like a rational human being that knows their body by doctors
The privilege of having your existence erased
The privilege to have little to no studies about trans people involve your voice
The privilege to not have access to domestic violence shelters due to being a man (and not allowed in women's shelters) and not having many, if any shelters for men
The privilege of having your transition treated like you're becoming a violent, disgusting, monster
The privilege of having any sort of hormonal transition impossible to be done DIY due to heavy restrictions on testosterone.
The privilege of increased risk of cervical cancer due to reduced access to pap smears
The privilege of having abortion rights not apply to you
The privilege of being over twice as likely to be raped, compared to cis women (51%/21.3%)
The privilege of having almost 5x the chance of being sexually abused as a child, compared to cis women (50%:11.1%)
The privilege that when you are assaulted, to not have access to rape kits
The privilege of not being able to report a hate crime due to barriers
The privilege of experiencing isolation, rejection and distrust due to now presenting masculine
The privilege to have your pregnancy treated as some sort of sick joke
The privilege of a lack of credible research about how to provide adequate healthcare to transgender men undergoing medical transition
The privilege of not being invited for ovarian cancer screenings due to your gender being listed as M
The privilege of doctors not knowing how to check for breast cancer if you've had top surgery
The privilege of an increased risk of AIDS due to the most common PrEP meds such as Descovy not working on AFAB individuals
Others feel free to chime in! The list is ever growing
i am a child.
i am forced into a dress. makeup is smeared onto my face. i kick and cry and beg, but they will not stop.
i am forced to pose in front of the camera with my thighs together and hope that the makeup hides my tearstains. i must be the perfect picture of femininity; innocent, untouched.
i already have a thousand hand prints on me.
'all men are evil rapists', i am told.
i think about my friends, who are men. the men who called me every day while i was in a psychiatric hospital. the men who walked me home when i was afraid. the men who protected and cared for me, without ever expecting my body in return.
it can't be the body that makes someone evil. it can't be the presence of a penis that makes someone evil. but it can't be the identity of 'man' that makes you evil, either.
i ponder the difference between the men who raped me and the men who protected me. i decide that it depends on who the person is inside, and not on their identity.
'sit down and shut up,' they spit at me. 'the men are talking. learn your place. don't speak over us.'
'you throw like a girl.'
'you run like a girl.'
'girls can't do this. they're not smart enough.'
'girls aren't strong enough to do this.'
over and over, such sentiments are tossed at me. i bite down my anger, because women aren't supposed to yell or get angry. if i get angry, that makes me a hysterical bitch.
'women are meant to be mothers,' i am told. they beat it into me that my worth lies not in my personhood, but in the womb between my hips. it makes me feel sick and violated, just like every sexual assault has.
i am groped. i am raped. i am assaulted.
it's my fault, i'm told. i'm a temptress. my body is a vile weapon, a weapon created to tempt men into sin, a weapon that makes me a subhuman toy.
i am treated like a toy. as i am molested during my childhood, i learn that i am a toy. the anatomy between my hips has marked me as public property. i am less than human.
they keep forcing me into dresses. they keep forcing me into makeup. no amount of protesting makes it end. i grow to loathe femininity and the violation that always seems to come with it.
i come out as a trans man at fifteen.
'can't you just be nonbinary?'
'can't you just be a tomboy?'
'i don't want you to regret this.'
'i don't want you to ruin your perfect body.'
'men are disgusting. why do you want to be one of them?'
'are you sure you don't just want to be a man because you were sexually assaulted?'
i continue to be a man. my parents intentionally delay my ability to go on testosterone. by the time i am able to go on testosterone, i have already finished puberty. my body is irreversibly feminine.
people throw food at me. they call me a faggot, a tranny, a dyke. they kick me and shove me to the ground. they cyberstalk me. they post pictures of me online so that they can mock me.
a girl says to me, 'you need to learn your place,' as she calls me a faggot over the internet. she kicks me when she sees me the next day.
my boyfriend when i am fifteen is a cis man who says he is pansexual. he dismisses me when i talk about being trans, because he uses he/they pronouns and 'understands it'.
he sexually assaults me repeatedly. i am in constant distress. my distress is used as proof that i am a snowflake hysterical tranny. i am a hysterical woman who only THINKS she's a man, and i need to be put in my place. trans 'men' are all hysterical and overreactive, and my behaviour is used as proof.
my boyfriend exclusively refers to me with they/them pronouns. i tell him to use he/him. he waves his hand, dismissing my words, and says, 'they're basically the same thing'.
he tells me that he wants children. i try to ignore the sick feeling in my gut.
he only uses he/him pronouns for me after we have broken up, when he is trying to paint me as abusive. i lose my entire friend group because of it.
people keep talking down to me. when i go on testosterone, cis men try to explain that it's toxic for me, using cis man bodybuilders as an example. i try to explain how that isn't the case. they insist that 'female bodies aren't built to handle testosterone'. i try to explain to them how hormones work, and they laugh and roll their eyes.
silly girl. stupid girl. she doesn't know what she's talking about.
people continue to make fun of trans men online. our music, our art, our interests, our fashion sense, our names. i cannot help but feel dejected. all i want is to be a man, and to fit in among everyone else, but even in doing so, i stand out as a target for mockery. misogyny is inescapable, even for men.
i am seventeen years old. my worst fear comes true. i am raped and forcibly impregnated, with the intention of forcing me to detransition.
that sense of violation is impossible to truly describe.
my reproductive system was designed to become pregnant. my body will do its best to become pregnant, no matter what i want. pregnancy is an inescapable function of my body, and it makes me feel trapped and sick.
the man who raped me has turned my own body into a weapon against me. even in my body, my own flesh and sinew, i am not safe.
i miscarry. i am in agony. my womb cramps and i try not to pass out.
i enter feminist spaces. i try to talk about my experiences with misogyny.
'sit down and shut up,' they spit at me. 'the women are talking. learn your place. don't speak over us.'
all trans men have male privilege, you see, without exception. by the mere act of wanting to become a man, i have become a traitor, and i am thrown to the cis men.
the cis men, who see me as a woman that they're finally allowed to abuse. finally, they can hurt and rape and impregnate a woman, because she's one of those snowflake trannies and she needs to be put in her place.
i bite down my anger, because trans men aren't supposed to yell or get angry. if i get angry, it's proof that i'm not a man, that i'm a hysterical bitch, and that i'm a dangerous snowflake tranny seeking to mutilate children.
the sentiment is bitterly familiar.
trans people being forced by doctors to conform to gender roles and present as their gender for 2 years to get evaluated to transition but somehow we are the ones enforcing gender roles
Well I've got a list of blocked blogs longer than the fucking Iliad and I still got myself in the trenches :p
tumblr discourse after 13 years on this fucking website
another day another post in which someone fairly complains about an issue affecting trans women, yet for some reason decides that this issue is Unique To Trans Women Only and probably orchestrated by The TMEs, despite trans men dealing with quite literally the exact same issue on a regular and public basis
Ask your local transandrophobic dirtbag where they were during the ace discourse years ago.
Discourse side of @blunt-force-therapy. Pronouns: it/its
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