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Feminism: Sex and gender discussions

Trans woman objects to contract requiring her to act female to stay in B.C. women’s prison

40 replies

EweSurname · 28/04/2019 07:50

This is what happens when you legislate "woman" into merely being a costume. And this is how TRAs will keep pushing boundaries.

www.thestar.com/news/canada/2019/04/26/trans-woman-objects-to-contract-requiring-her-to-act-female-to-stay-in-bc-womens-prison.html

VANCOUVER—A trans woman in a B.C. women’s jail has filed a human-rights complaint after being asked to sign a contract obliging her to continually “demonstrate” her gender in order to stay.

Since September 2018, Hayden Patterson has been held at the Alouette Correctional Centre for Women as she awaits extradition to the United States on a murder charge. Before arriving at the women’s facility, she was being detained in a men’s jail; she requested a transfer so she could be in an institution consistent with her female gender identity.

However, before it would accept her, the women’s jail required that she sign a special behavioural contract that, among other things, said she must continue to “demonstrate gender expression that is consistent with (her) current gender identity (as a woman).”

Patterson’s lawyer, Laura Track of the Community Legal Assistance Society, said Patterson feels she is subject to conditions that other female inmates are not and that the contract’s requirement is vague and discriminatory.

“On a plain reading of that term, she doesn’t know whether if she didn’t shave for a couple of days, didn’t wear makeup or decided to cut her hair really short — or otherwise wasn’t performing her female gender to the standard that corrections deems appropriate — that she could face consequences for that, including return to a men’s institution,” Track said.

And massive irony alert, further on in the article:

Patterson also has an ongoing human-rights complaint filed against Surrey Pretrial Services Centre, the men’s prison where she was held before the transfer to Alouette. She alleges that the prison discriminated against her based on religion when it refused to provide her with kosher meals. The jail denies the allegation and argues that Patterson could not sufficiently prove she was Jewish.

OP posts:
KarenTheCashRegister · 28/04/2019 07:58

It all sounds rather complicated so probably easier just to place this individual in the men’s prison.

HandsOffMyRights · 28/04/2019 08:05

Officials are digging society one big hole pandering to this.

The more we give, the more these imposters take. And once legal cases become upheld in their favour, then the harder it is to get back to where we should be: each sex in their own prison.

jeaux90 · 28/04/2019 08:22

I think what scared me is that they are saying separate sleeping arrangements is leaving them lonely and they want to share with a woman!! WTF!

AncientLights · 28/04/2019 08:39

jeaux90 the TW claims that women prisoners have said they would share the cell. Can't help wondering how true that is and if the women were at all influenced by anything when they said they would. 'Lonely', when said by men, tends to have a certain sexual meaning I find.

OldCrone · 28/04/2019 08:43

The institution also said the no-cellmate condition is part of its policy for trans inmates who have not had gender-affirming surgery. According to the documents, that is the case for Patterson.

Person with penis and lady-brain wants to be locked in a cell with a woman. Perhaps they could lock them in with another person with a penis and lady-brain.

Prisons are segregated by sex because women's bodies are different from men's bodies, not because women's brains are different from men's brains.

feelingverylazytoday · 28/04/2019 08:46

It's possible it could be consensual. Some women in prison will agree to have sex (if they get the opportunity) because they hope to become pregnant, which leads to priveleges and possibly a case for earlier release.

KatvonHostileExtremist · 28/04/2019 09:01

Certainly Paris Green got to sow their wild oats whilst banged up according to their "authentic gender"

www.thesun.co.uk/news/2792998/pre-op-transgender-killer-moved-back-mens-wing-sex-female-inmates/

Who'd have thunk it eh?

BigFatLiar · 28/04/2019 09:02

I don't get this. Trans or not what do they mean by “demonstrate gender expression that is consistent with (her) current gender identity (as a woman).”

Is there a set of rules that define behaviour for a a woman? Would a 'butch' acting lesbian be sent to a male prison because she wasn't demonstrating sufficiently womanly behaviour?

I understand their reluctance but think they need to put a bit more thought into it.

OldCrone · 28/04/2019 09:08

Would a 'butch' acting lesbian be sent to a male prison because she wasn't demonstrating sufficiently womanly behaviour?

They need to go back to the apparently old fashioned idea that whether people are male or female depends on biology. Not the postmodern idiocy that being a woman is a set of behaviours or a costume which can be worn by anyone regardless of sex.

aprarl · 28/04/2019 09:17

Sounds like that prison is desperately trying to distinguish between "fake" and "real" transwomen.

Good luck with that.

GirlDownUnder · 28/04/2019 09:18

Is there a set of rules that define behaviour for a a woman?

If, because of the TRA push, a set of rules is ever produced that meant ‘woman face’ was womaning correctly, I think lots of us females would fail. I fail daily 😂

But in seriousness, the legal fiction created because of the GRC and self ID is only going to mean doubling down on the absurdities shown here. And it’s terrifying.

nauticant · 28/04/2019 09:21

I don't get this. Trans or not what do they mean by “demonstrate gender expression that is consistent with (her) current gender identity (as a woman).”

That's actually answered by Patterson’s lawyer, Laura Track of the Community Legal Assistance Society:

Patterson feels she is subject to conditions that other female inmates are not and that the contract’s requirement is vague and discriminatory.

“On a plain reading of that term, she doesn’t know whether if she didn’t shave for a couple of days, didn’t wear makeup or decided to cut her hair really short — or otherwise wasn’t performing her female gender to the standard that corrections deems appropriate — that she could face consequences for that, including return to a men’s institution,” Track said.

Patterson's own lawyer is saying that gender identity, in terms of something that can be used for safeguarding in a prison, is arbitrary. A person with a beard, short hair, and a penis, looking exactly like a bloke because they are a bloke and they're expressing themselves as a bloke, is supposed to be a woman when everyone who encounters them knows they're not.

If the relevant people weren't utterly delusional over this, they would immediately change the policy so that selection by sex, rather than something about gendered souls, would be used to determine which prison a man goes in to.

JenFromTheGlen · 28/04/2019 09:32

This reply has been deleted

Message withdrawn at poster's request.

terfsandwich · 28/04/2019 09:39

So what we learn from this is that religion is NOT a sincerely held internal feeling, and must be proved by following some rigorous process. However to prove you are a woman when you're not one, is to say, "I'm a woman."

Interesting.

WhereYouLeftIt · 28/04/2019 09:40

Well. Someone's worked out how to play the system.

nauticant · 28/04/2019 09:42

I have sympathy with the legal argument too. But you only have to think about it for a short while to see the solution:

selection by sex makes sense and can be readily applied while selection by gender identity is delusional and open to abuse and is a route to end up with a vulnerable woman trapped in a prison cell with a violent man.

Popchyk · 28/04/2019 09:47

I think a lot of men have worked out how to play the system.

Commit a heinous crime in the USA and then flee to Canada where you can identify as a woman while you await extradition (which can take many years).

Patterson has been in Canada for 5 years already, awaiting extradition. Went by Kevin until he arrived in Canada.

www.nelsonstar.com/news/transgender-woman-imprisoned-in-b-c-on-murder-charge-loses-extradition-fight/

terfsandwich · 28/04/2019 11:44

Of course no woman admitted she didn't want to share a cell with him*. They'd be afraid for their safety if they said no.

*Mnhq has stated we can use male pronouns if the person has perpetrated crimes that outrage community sensibilities.

Datun · 28/04/2019 12:03

Patterson's own lawyer is saying that gender identity, in terms of something that can be used for safeguarding in a prison, is arbitrary. A person with a beard, short hair, and a penis, looking exactly like a bloke because they are a bloke and they're expressing themselves as a bloke, is supposed to be a woman when everyone who encounters them knows they're not.

Exactly.

The question that no transwoman has ever been able to answer is what is on the list of attributes/characteristics/reasons that make you think you're female? Just one thing. Anything.

And this prison is only just realising it. Tying themselves in knots trying to pretend womanhood is a feeling, not a biological category.

AlwaysComingHome · 28/04/2019 12:16

The jail denies the allegation and argues that Patterson could not sufficiently prove she was Jewish.

That pesky penis is proving to a bit of a giveaway in every sense isn’t it?

AlwaysComingHome · 28/04/2019 12:22

How do they house non binaries/gender fluid? Do they bus them back and to between male and female prisons?

Popchyk · 28/04/2019 12:22

And, yes, interesting that the prison deemed that the inmate was not Jewish, based on a lack of evidence supporting his claim.

Claim to be a woman = accepted immediately

Claim to be Jewish = insufficient proof therefore rejected

What a world.

Prequelle · 28/04/2019 12:26

I struggle with this because I don't believe there is a certain way females should act

But at the same time if you're going to do absolutely fuck all to differentiate yourself from the sex you claim NOT to be to get yourself in amongst the women, then that's an issue too

titchy · 28/04/2019 12:36

I'd make genital surgery compulsory if they want to be considered for the female estate.

Michelleoftheresistance · 28/04/2019 12:43

TW: I am a woman because I have a deep inner feeling and desire to do the things that women do (stuff about frilly, pink, clothing choices, hobby choices, aggressive knitting on television in twinsets) My inner gender sense does not match my biology, so womaning is not about biology, it's about inner feels.

Women: Fgs we've been trying to get over the sexism crap for years! No, being a woman means biology. That's it. We all do whatever we want, we don't all knit in pink, the only thing we have in common is biology!

TW: you're evil and transphobic! Ok, now I have no gender feels or stereotypes or the biology but I am still a woman and demand to invade and control women and their spaces because..... because..... because.....

Women: