Thursday, July 16, 2009

Women born what?

OK, this is getting more absurd all the time. On Wednesday, trans activist Jamie Lee Hamilton attempted to get a prescription filled at Lu's: A Pharmacy for Women. She was refused service. Caryn Duncan, executive director of the Vancouver Women's Health Collective, which operates the pharmacy and sets its policy, keeps digging the hole deeper. She continues to spout the "women born women" line, although apparently she has now mixed this with "women born female." She keeps saying that Lu's and the WHC are providing services to "women," even though she leaves many women out of her definition.

Let's try to cut through the ridiculous rhetoric. No one is born a woman. There are no women born women, nor even womyn born womyn. When we're born, we're babies, as was noted by one of the Feminija activists who protested Lu's policy in a rally last Sunday. Most of us are sexed male or female, depending on how our genitals look to the obstetrician, or midwife, I suppose. The decision might be even more arbitrary, and possibly temporary, for intersex people with ambiguous genitalia.

Rather than the physiologically impossible "women born women," it would be much more accurate to use the phrase I use, women born female-bodied. In general, female-bodied children are reared as girls. But even Duncan should know, even if she denies it, that there are women born male-bodied, as well as women born indeterminately-sexed.

The female-bodied become women during puberty and during a long process of socialization and education. The male-bodied whose brains are female (to put it a bit simplistically) and the indeterminately-sexed with female brains usually become women later in life, sometimes much later. It is a difficult path, and those who walk it go through a similar process to girls going through puberty, but usually without the support of the surrounding society and often in the face of its hostility. In the end, we are all women. We just got here by different paths. I never had the experience of growing up a girl, but among girls, such experience varies widely. Girls are hardly all alike. My own experience growing up a sissy, an outcast, and a pretty boy gave me my own baggage to deal with, not necessarily that different than if I'd grown up a girl.

Duncan speaks about Lu's and the WHC focusing on reproductive health. By that logic, they should be refusing service to any woman without a uterus or even who has never given birth. Trans women who are post-op have genitalia similar to those of women with Complete Androgen Insensitivity Syndrome, who were "born women." How can Lu's feel it cannot serve our needs? Even if I were inclined to give the WHC the benefit of the doubt, Duncan's statement that Lu's will serve trans men shows their true colours. It's called transphobia, plain and simple. By their policy, they are saying that trans women are not women but that trans men are, thus insulting all trans people in one fell swoop.

If the policy weren't so hurtful, it would be laughable. And Duncan has the nerve to say that she feels personally intimidated by pressure from activists. Too damn bad. We're supposed to be nice to bigots because their feelings might get hurt?

There has been an update to the story that seems hopeful at least. On Thursday, Hamilton, Raigen D'Angelo, and Sadie Kuehn met for two hours with representatives of Lu's pharmacy. and all participants agreed to another meeting. At this point, Hamilton will not file a complaint with the College of Pharmacists of British Columbia. Talking is good. I just hope it leads to some enlightenment.

(Thanks to The Georgia Straight for continuing to follow this story.)

11 comments:

Lori D said...

I'd read about this shameful and quite ridiculous news happening in Niqueville (my idiotic attempt at referencing Vancouver :) ). I wondered when you'd post something about it. I just can't wrap my head how a pharmacy would clearly discriminate a group of women out of their business when they would in fact make even more money if they didn't?

Syrlinus said...

Ok. I don't understand the reasoning for not providing service. That action of denying a trans women service is, IMO, a violation of the Canadian Charter of Rights since they are a pharmacy (need a government license to distribute last time I checked) and likely violate the BC Human Rights Code (I am assuming BC has one since I know both Ontario and Quebec do as well).

Please tell me someone is suing these people and that there is a campaign to discourage others from using this service.

Véronique said...

@Lori: Funny, there are people in Second Life who call me (my avatar) "Nique." :) As for posting on this topic, I think I've been too busy commenting on others' postings, such as those in Questioning Transphobia. But something pushed me too far last night and I had to write my own. They're definitely not about money. They're about their particular philosophy of gender.

@Syrlinus: The reasoning is that we're not "real women." Caryn Duncan doesn't put it that way, but everything else she says shows that she thinks it. As for whether restricting service is constitutional, I'd have to assume that it's constitutional to exclude men, which this pharmacy certainly does. So I don't think the actual exclusion is a constitutional matter. Maybe something in the provincial code though. I don't know.

MgS said...

A couple of thoughts:

(1) I suspect that Lu's won't last terribly long. It's a novel concept, but I'm just not buying the line that they are using to justify their existence. By that same logic, a woman should only be seen by a female doctor and so on.

(2) Although there are certainly places where the courts have ruled that it is valid to segregate (e.g. locker rooms, gym/workout facilities), I don't know that Lu's has a terribly strong case here. They are using a definition of 'woman' that I don't think stands up in Canadian law. It's a variation on the Womyn born Womyn crap out of the Michigan Womyn's Festival - and it doesn't hold a lot of water as an argument when one of the first things mentioned explicitly by the Charter is discrimination on the basis of gender.

That said, my inclination is to ignore them entirely, and simply don't refer business to them. Frankly, chasing after Lu's with a human rights complaints only gives them publicity.

Syrlinus said...

I'd agree with MgS on this. I'd be surprised if the SCC (Supreme Court of Canada) said that trans women weren't women. It's one thing to distinguish between men and women for private clubs but since this is a pharmacy I'm still hard pressed to see the validity of the business practice.

It is almost like saying they will only treat white and Asian men who have AIDS/HIV but not black men. You can't split hairs like that.

Neither code explicitly says gender but I do think that "sex" could still be used for defense or fight in course.

MgS said...

Syrlinus,

The Charter of Rights in Canada uses sex in a manner consistent with being a synonym for Gender.

Section 8 of the BC Human Rights Code uses it in a similar manner:

Discrimination in accommodation, service and facility

8 (1) A person must not, without a bona fide and reasonable justification,

(a) deny to a person or class of persons any accommodation, service or facility customarily available to the public, or

(b) discriminate against a person or class of persons regarding any accommodation, service or facility customarily available to the public

because of the race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person or class of persons.

(2) A person does not contravene this section by discriminating

(a) on the basis of sex, if the discrimination relates to the maintenance of public decency or to the determination of premiums or benefits under contracts of life or health insurance, or

(b) on the basis of physical or mental disability or age, if the discrimination relates to the determination of premiums or benefits under contracts of life or health insurance.


In the wording of this clause, Lu's would have establish that they have a 'reasonable and bona fide' reason. I doubt that they could - especially if one could show that they had been filling prescriptions for one transwoman (who presumably passes perfectly), and deny another.

Véronique said...

I don't know if Lu's would survive a Charter challenge or even some lesser suit. I keep in mind, however, Kimberbly Nixon vs. Vancouver Rape Relief Society. I was stunned when the Supreme Court of British Columbia overturned the finding of the Human Rights Tribunal, when the Court of Appeals upheld the new finding, and the Supreme Court of Canada declined to hear the case. Ostensibly, the reasoning was that Rape Relief had a right to decide who was fit to be a counsellor, but they rejected Nixon not because of her skill level but because she did not fit their definition of "woman."

I don't know if that case is pertinent here, but I thought Nixon was on solid ground, and obviously I was wrong.

MgS said...

I can only imagine that in the Nixon case that the Supreme Court decided that in fact the Vancouver Rape Relief Center had established a "bona fide" reason for discrimination. The only way I can parse that which makes sense to me is on the basis that rape counselling involves crisis situations where the client may not be able to deal rationally with an unexpected secondary situation.

In the case of Lu's, is there a way in which they could make a similar claim?

Véronique said...

I don't know. Maybe we'll see. I haven't seen an update for several days.

Anonymous said...

even if she is not filing a complaint right now, I believe she should file a letter with them of possible later filing. One needs to know how many moths after an incident such complaints are permitted.

since the longer the "talks" go the faster time runs out to be able to file a complaint. And when you have a group such that might meet monthly on issues, this means to actually hammer out a solution could take, if it really was going to, many months.

After all we are talking about some pretty smart people who are willing to learn as many way as they can to keep some women out,such as women who are intersex, and women who are transexed (key word being women followed by who are or who have a history of), as one learned from the Nixon case.

Véronique said...

Anonymous, I admit that I'm puzzled by this series of talks. What is there to talk about at such length? Are people who are supposed to be trans advocates paying too much attention to the sensibilities of VWHC? Dear VWHC: trans woman are women. kthxbai.