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Feminism: Sex and gender discussions

Switzerland legislation on homophobia & transphobia

12 replies

JaesseJexaMaipru · 28/01/2019 22:30

Reported in PenisNews that Switzerland is moving towards making homophobia and transphobia imprisonable offences.

So how is this practical to enforce? Say a transman who passes reasonably well hooks up with a gay man but is then rejected when said man objects to the lack of a penis. They argue. Cruel words and insults and quite possibly some fisticuffs. Arguably the former is guilty of homophobia (that is having a problem with someone being exclusively attracted to the same sex) and the latter is guilty of transphobia (refusing to believe that maleness/femaleness is a feeling in the head unrelated to body shape).

So do they both go to prison?

OP posts:
Knicknackpaddyflak · 28/01/2019 22:45

Being homosexual IS transphobic. Apparently. Especially if you're a woman. (Of the kind we're not supposed to be able to distinguish, but definitely can when they need putting down/sorting out with baseball bats.)

You are only allowed to say you're a lesbian without being screamed at and threatened with rape and murder IF you were born male. Then it's jolly wonderful.

So the two things seem to me mutually exclusive. I don't get why countries are lining up to create totally incoherent totalitarian law that is based on nutjobbery and no legal reality of any kind.

Knicknackpaddyflak · 28/01/2019 22:51

Say a transman who passes reasonably well hooks up with a gay man but is then rejected when said man objects to the lack of a penis.

Now which leading TRA in the field is working on removing the right to sexual autonomy in the UK? As apparently if you hook up with someone and then discover they're not the sex you were led to believe they were, you should not have legal recourse because their privacy and not outing them matters much more than your transphobic belief in your right to honesty in a partner and a personal choice over your sexual orientation.

That may only however apply to women (of the kind we're not supposed to mention). It usually does.

ItsAllGoingToBeFine · 28/01/2019 23:27

Now which leading TRA in the field is working on removing the right to sexual autonomy in the UK

That's Stonewall isn't it?

Bowlofbabelfish · 29/01/2019 08:51

No form of offence giving should be an imprisonable offence. Offence is perceived, not absolute.

This is a drastic curb of free speech.

It’s also contradictory - trans ideology IS homophobic.

Bowlofbabelfish · 29/01/2019 08:53

Is wearing a t shirt is deemed transphobic?
Is campaigning for women’s rights transphobic?
Is pointing out safeguarding loopholes transphobic?
Is stating that humans can’t change sex transphobic?

Because I’ve been called transphobic for all those things. I’ve been told that mentioning biological sex in any context is violent and dangerous.

They’re going to have to lock up a lot of women.

Katvonfelttipeyebrows · 29/01/2019 08:55

They don't even have gay marriage.

Ringdonna · 29/01/2019 09:59

I think it is right to legislate against all such phobias and isms. Of course, the ‘proof of the pudding’ is how an offence is identified.

AngryAttackKittens · 29/01/2019 10:02

This is the country where women didn't gain the right to vote until 1971. But it's totes because they're progressive, obviously.

LegoFilledMyLife · 29/01/2019 19:19

The link is a bit out of date. Finally, homophobia was agreed as a crime, but not transphobia.

www.swissinfo.ch/eng/politics/erweiterung-der-antirassismus-strafnorm_copy-of-schweiz-hat-neuen-gesetzesartikel-gegen-homophobie/44595810

Women getting the vote - 1994 in some cantons!!!!

ForrestPlumppp · 29/01/2019 23:43

I think the differences would hopefully be clear - i.e. the difference between voicing a sexual preference and beating up a 'fag' or 'tranny' out of senseless hate.

SwirlyGlass · 29/01/2019 23:57

I think it might also make transpeople feel more isolated because many people will avoid them/tread on eggshells around them.

IamFrauBlucher · 30/01/2019 00:05

I think that's quite a way down the road here to be honest @JaesseJexaMaipru.

There are changes afoot but to change gender officially if you are not intersex, you still had to undergo a sex change operation before you were recognized in your preferred gender, and if you were married you had to get divorced. (Civil partnerships only for same sex couples). A lot of assessment and legal changes.

The change of law planned last year to make gender change easier was really aimed at intersex individuals as you have to list gender by the third day after birth, so obviously mistakes can be made.

Of course it will be interesting to see if the bandwagon begins.

But at present you can't really surprise anyone with your "clit on a stick" etc and accuse them of transphobia if you can't be classified officially as the preferred gender. You simply wouldn't have the ladypeen iyswim.

Also there's no third gender being discussed.

I did laugh at the comment about it being on a par with the treatment of racism though. I must be imagining all those non white people being stopped at the Zoll border here every day.

https://www.swissinfo.ch/eng/society/transgender-rights_changing-gender-should-be-made-easier--says-government/44141458

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