Sinekein wrote:Unless you were raised by a bunch of racist twats who always called black people "nigger". Would you advocate that such a person gets a pass because that's part of his culture to call black people "niggers" or "boys" or "crackheads" or whatever? Because he was raised like this?
As a point of pure technicality, no, this hypothetical individual wouldn't be distinctive in a legal sense. However, the only people I know of who would ever make a point of insisting on this position on some philosophical grounds are white nationalists and Christian identity advocates and such. And frankly even the Richard Spencer's of the world understand that they get more done when they wear a tie and sound nice. Hardly anybody, even militant free speech defense advocacy groups, spend much time or effort defending the right of generic assholes to say generic asshole things for generic asshole reasons. Even the John C. Calhoun racists of former days who were advocates for slavery on the grounds of the ostensible biological inferiority of black people or biblical mandate or whatever never made inane arguments like "calling black people bluegums is part of my culture."
Likewise, nobody is seriously advocating for the cultural/philosophical right to call people "tranny."
However, there are literally *billions* of people who hold philosophical, ethical, religious, or academic positions that insist on the realness and intrinsic importance of the gender binary. If all it takes to commit a hate crime is refusing to use language that you believe undermines the realness/importance of the binary as a concept, you are not just asking people to keep their mouths shut because they have nothing nice to say. You are demanding they actively refute their own beliefs. And you aren't just asking this of some hypothetical (borderline mythological) redneck who feels a cultural right to insult black people.
Well, it's the same with misnaming. Many transphobic people misname trans people on purpose to remind them that they don't consider them to be "real" men or "real" women. Now tell me how it is different from having racial slurs thrown at your face: it's a wording used specifically to disparage a person and make her feel inferior.
Misnaming is closer to a slur than misgendering is. I'll give you that. Especially when you have the option of just calling the person in question by their last name. But *deadnaming* and *misnaming someone to their face* are not the exact same category of thing. Deadnaming is making the statement that "Caitlyn Jenner used to be Bruce Jenner." And where does a parent or family member who refuses to accept a kid's gender transition stand in this? Is it really the case that a parent refusing to use anything but a child's birth name must always be doing so "to disparage a person and make her feel inferior?"
Superior and dominant?
What else do you want to call it? More moral and ethical? More correct and truth affirming? No matter how you put it, it comes back to the same place. "Your conceptualization of my birth sex being more important than my gender identity is immoral/false/whatever. My conceptualization of my gender identity being more important than my birth sex is moral/true/whatever. And because they are mutually exclusive, mine is the one which should be defaulted to."
Calling a trans man "he" or a trans woman "she" just means that you respect their existence and don't try to deny it.
Oh boy. This shibboleth. What does this even mean? Denying the existence of gender dysphoria? Accepting that gender dysphoria exists but considering it a mental disorder?
Or does it mean what I actually think it means? To disagree with whatever self definition a person has of themselves, particularly in regards gender/sexuality?
If so this gets to the very heart of the matter. Queer theory turned into advocacy is not just a description of somebody's stance on the civil rights of sexual minorities. It's not just a position that people should be free to follow "life, liberty, and the pursuit of happiness" in regards their own idiosyncratic definitions of sexuality free from the coercion of the state or from discrimination in goods and services. It is a radical philosophical position that the only valid basis for *any* definition, categorization, or conceptualization of human sexuality comes from the self.
If you reject this as a philosophical position (and I do), then by default you reject the primacy of the individual as the sole arbiter and definer of their sexuality.
And this extends beyond sexuality. This phrase gets used a lot by lots of activist types. "You are denying my existence" really means "you are failing to treat me exactly as a demand you treat me."
There's really no difference between racial and transphobic slurs.
No, there's not. What's up for debate is what precisely qualifies as a "transphobic slur."
Unlike Mrs Baker, trans people have in all likelihood actually suffered from being misnamed. Talk about an unbalanced comparison, jeez.
So what then, what is and isn't hate speech should principally be determined by consequentialism? And what kind of consequentialism? The severity of historical harm against this group vs that group? Self assessments of the relative harm caused by speech directed at them? Suicide statistics based on some demographic grounds? If so, who gets to decide what a viable demographic category for such consideration is or isn't?
Civil rights are not based on consequentialism. Consequentialism is *sometimes* used to qualify the extent of certain civil rights, but the civil rights themselves are primary. Not the other way around.