tag:blogger.com,1999:blog-5573426.post114620353716721228..comments2024-02-20T15:17:48.594+11:00Comments on A.E.Brain: The Law is A Ass - in Illinois, AnywayZoe Brainhttp://www.blogger.com/profile/13712045376060102538noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5573426.post-1146211239958523162006-04-28T18:00:00.000+10:002006-04-28T18:00:00.000+10:00The arrangement was, in essence, a sperm donor sit...The arrangement was, in essence, a sperm donor situation. There's nothing remarkable about that: it's been going on for many years. However, in most situations, the mere fact that one party is, for some reason, unable to contribute sperm or eggs is no reason to question their gender. One would have hoped that some of the wisdom demonstrated in this country via the Re Kevin decision would have found its way into the narrow, ignorant minds of the judges concerned.<BR/><BR/>This case highlights a few other things. MTFs have a well-defined surgical path to follow, which FTMs don't - yet. However, even that isn't a guide, as the arguments presented successfully here in Re Kevin show. Sex is about more than genitals or chromosomes. <BR/><BR/>Even were there better surgical options for FTMs, many people may not take them up. There are reasons of cost and medical suitability. More importantly, what right has anyone to force people to undertake medical procedures? Most people like to adjust their body to one end or the other of the (physical) sex continuum, usually the end congruent with where their gender is on that continuum, but some don't. If the law starts to dictate that one must undergo surgery, then there is something very wrong with the law.<BR/><BR/>In Australia (a rant) ...<BR/><BR/>I worry that the Re Kevin decision might be overturned by the Commonwealth for quite a few reasons. Those reason centre on the electoral ignorability of transsexuals (depressing, but true); the fact that most people conflate TS with gayness; and a general mood in both major parties to pander to religious conservatives. The government's position is well known, but few know that the ALP never overlooks a chance to reneg on stated support for GLB people - as usual, TS and IS people are viewed as inconvenient, at best.<BR/><BR/>Even though the Greens have *ahem* interesting *ahem* policies on economics and the environment, at least their policy on TS and IS is pretty good.<BR/><BR/>Were it up to me, I'd soak the Marriage Act in petrol and burn it. Then I'd seek out every section of every act containing the words marry, married, marrying or marriage and strike them out. <BR/><BR/>The obsession we have with this institution is killing the institution and killing quite a few people too. It starts by abitrarily splitting humanity into two groups: men and women. This is problematic, to say the least. Then it seeks to set aside one combination of domestic arrangement for preferential treatment.<BR/><BR/>The model formed by the ill-advised retention of marriage in secular, civil law informs the law's definition and treatment of parenthood with many of the same problems raised by the Marriage Act. For example, given the range of possible chromosal combinations and intersex conditions, dare we presume to stipulate that all children have a father (who meets the legal definition of 'man') and a mother (who meets the legal definition of 'woman'). <BR/><BR/>Most people fall toward either the male of female ends of the sex continuum. Fortunately, for most people, their gender falls to the same end of the gender continuum. Their gender expression usually follows suit. Most tend to be heterosexual with respect to their matching gender, sex and gender expression. That's a few mosts, that really dwindle the proportion of the population for whom the assumed "normal" tuple holds. <BR/><BR/>Other species, it turns out, have similarly interesting features. Hopefully people will extract their heads from the sand and realise that we're a rather interesting species.<BR/><BR/>Ellen.Anonymousnoreply@blogger.com