SOGIE is hot on the news yet again. I'm against it's passage for the plain and simple reason that the bill has way too many ambiguous terms. Some terms are way too broad to have any place in a legal document. Even when defined, they are still very much too broad.
Take the act of discrimination, for example as defined by the bill.
I shall lift from Senate Bill 1271 as not to miss anything:
"Discrimination refers to any distinction, exclusion, restriction, or preference
based on the grounds of sex, sexual orientation, gender identity or
expression, hereinafter referred to as “SOGIE”, and has the purpose or effect
of nullifying or impairing the recognition, access to, enjoyment, or exercise by
all persons on an equal footing of all rights and freedoms. For purposes of this
provision, the actual sex, sexual orientation or gender identity of the person
subjected to discrimination shall not be relevant for the purpose of determining
whether an act of discrimination has been committed."
This definition alone should be cause for alarm. Let's zero in on what I think the problematic part of this definition is - "imparing the recognition". This means everyone must acknowledge the woman-ness of a trans-woman as doing otherwise would impair their recognition as such.
What I find odd is that the bill even states that a person's actual sex is not to be relevant in determining if discrimination occurred as such terms like man, woman, male and female need not be defined - or at the very least their definitions don't matter.
Here's another definition that proves my earlier point:
"Gender Identity - refers to the personal sense of identity as characterized,
among others, by manner of clothing, inclinations, and behavior in relation to
masculine or feminine conventions. A person may have a male or female
identity with the physiological characteristics of the opposite sex."
Here's a bill which, in enacted into law, would penalize criminally, not recognizing the gender identity of someone. And the only way one would know of someone's gender identity would be through a "personal sense" a.k.a. "very highly subjective".
The terms we should be defining if we want to move forward are male, female, man and woman. One of the speakers in the Senate Hearing for the SOGIE bill has said that these terms have already been defined by the Supreme Court. I'll admit that the Supreme Court isn't always right (but we all have to somehow think they are) and I'll admit that things can change so let's go on.
Here's something that I don't understand and wherever you are on the spectrum, I think it's a valid point.
How can anyone know what it feels like to be a (blank) if they've never been a (blank)?
I will never know what it's like being a woman as I've never been a woman. I'll never know what it's like to be a rice farmer as I've never been a rice farmer. Now, in both cases, I can definitely try. I can spend a week as a rice farmer and can probably get an idea or a glimpse but that's it - a glimpse. Unless I quit my job and get a job as a rice farmer, I will never truly know.
In the same vein, a man who says they feel like and know they're a woman, can never truly feel like a woman as they've never been a woman. They may feel like they like wearing women's clothes and using women's products but such simplifies what a woman is to what a woman wears or looks like (a.k.a. stereotypes) and we're taught not to bound men and women to stereotypes as there are strong and powerful women and very nurturing or motherly men
I've heard that to bypass this logic, transgender men and women will say that they've always been that gender. Meaning, a trans-woman had always been a woman if when he was a little boy and a trans-man had always been a man even when she was little girl.
As such, you'd expect that once someone has come out as transgender, one would have to accept that they've been that gender their whole lives, even when they competed in sporting events of the opposite gender. Remember that denying this would be among the prohibited acts of the bill.
Say they truly have felt like the opposite gender. As I've never been them or in their shoes, I will never know and as such I have sympathy for transgenders. I'm in no place to question that but in a society where things we believe must have basis, it must be noted that when a person looks at their body, they know what sex they are and public policy cannot be based on subjective feelings that say the contrary.
You may be thinking, "What's the harm in accepting them for who they say they are?" I've felt this as well. In fact, who are we to push our beliefs on others? But this is where it gets tricky. If I can't push my belief upon a trans-woman that he is a man, then a trans-woman should also not be able to push their belief on me that he is a woman. However, pushing for the SOGIE bill does protect one act as non-discriminatory while categorizing the other as discriminatory. That's why there's such an uproar especially from people who don't buy into this ideology.
Proponents of the SOGIE bill have tried to spread the lie that this bill seeks only to protect the rights of the LGBT community and that religious freedom will not be compromised. But read it more closely and ask questions. In a senate discussion, it's already been categorically stated that if an all girl's school denies a trans-woman admission because they were born male, that this would be one of the prohibited acts.
I'll end this post here. But I encourage you, dear reader to read the SOGIE bill and educate yourself. I wouldn't want to live in a society that can't get the basic definitions right. Maybe that's were the LGBT community needs to start if they want this bill to pass. So please, define the terms, for our sanity.