In Bed With The Right - December 10, 2024


Episode 47: Trans Kids

Topics
Episode 46: Live from City Lights Books it's THE CANCEL CULTURE PANIC Episode 49: The Second Annual Cursties, Part I

Episode Stats


Length

46 minutes

Words per minute

165.5

Word count

7,736

Sentence count

483

Harmful content

Misogyny

5

sentences flagged

Toxicity

40

sentences flagged

Hate speech

59

sentences flagged


Transcript

Transcript generated with Whisper (turbo).
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Toxicity classifications generated with s-nlp/roberta_toxicity_classifier .
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
Topics generated with Qwen2.5-3B-Instruct.
00:00:00.000 Hello, I'm Adrienne Dahl.
00:00:08.160 And I'm Moira Donegan.
00:00:09.520 And whether we like it or not, we're in bed with the right.
00:00:13.700 So, Adrienne, today we are talking about one of the smallest groups in the United States who are subject to one of the most outsized political campaigns.
00:00:27.060 That's right.
00:00:27.780 We are going to be talking today about trans kids.
00:00:31.680 So what do you know about trans kids?
00:00:33.580 I mean, what you say. 0.97
00:00:35.140 I know that the amount of real estate that they appear to occupy in the conservative
00:00:41.740 imagination and media ecosystem seems wildly disproportionate from their position in society
00:00:47.780 and from their numbers.
00:00:49.700 And I get the impression that, as has never happened before in the history of LGBT rights
00:00:55.760 and the contentious debates around them, people seem to be saying they're talking about trans
00:01:02.060 kids when they really want to govern what goes on with trans adults.
00:01:06.920 Right. The kids are both subjects who have their own qualities that incite a lot of anger and rage 1.00
00:01:14.080 in the right wing imagination. And they are also this kind of like cipher or a prism through which
00:01:19.540 other anxieties, really anxieties about grownups, get sort of put to the test or sublimated into
00:01:26.580 perhaps a, on its face, more respectable anxiety or fear. So I wanted to talk about trans kids today
00:01:35.740 because I spent part of this week writing about and listening to oral arguments in a Supreme Court
00:01:42.220 case called U.S. v. Scrimetti. Have you heard anything about this? I have, yes. So what do you
00:01:46.980 know about U.S. versus Cremetti? So it's a case out of Tennessee, and it's about a law in Tennessee
00:01:52.540 banning, I believe, transition care for minors. Is that correct? Yeah. So this is a law in Tennessee
00:02:00.900 referred to helpfully as HB1. Do not try and Google that because you will get a hundred different
00:02:06.960 laws. Tennessee HB1 was passed in 2023, and it outlaws basically all transition-related care for
00:02:15.920 anybody under the age of 18, right? And it bans the use of puberty blockers or cross-sex hormones
00:02:23.200 or any kind of surgical intervention. And we should say that while Scrametti is the case that
00:02:28.420 worked its way to the Supreme Court, there are laws on the books that resemble HB1 in fully like
00:02:34.080 half the states at this point, right? Oh, we're going to get there, Adrienne. But yeah, this is
00:02:38.360 one of many such trans healthcare bans. HB1 is an interesting little nugget. Like different states
00:02:44.820 have taken a few different approaches to banning trans health care because, as you said, it is 0.99
00:02:49.200 something that a lot of them are doing. HB1 is really interesting because the drugs that are 1.00
00:02:54.660 used in transition-related care, a puberty blocker for a minor, cross-sex hormones for a trans person
00:03:01.660 of any age, these are drugs that, much like misoprostol, which is used in abortion medication,
00:03:08.420 have a bunch of other different clinical uses. So puberty blockers are routinely prescribed
00:03:14.560 to kids who have what's called like early onset or precocious puberty, right? Like if your seven
00:03:20.800 year old son has started to have his voice drop and is growing hair and is showing signs of puberty,
00:03:27.040 you might want to delay that with a puberty blocker. Usually the reason given actually is
00:03:32.220 that puberty tends to arrest growth, right? So it's actually usually about height. And then you
00:03:37.060 might want to, you know, buy your kid a couple more years of a, you know, prepubescent childhood
00:03:42.680 body for various different health-related reasons and social reasons. There are similarly
00:03:48.380 decent reasons to give kids, minors, hormones. If you have a kid who's got a delayed puberty,
00:03:57.980 you might treat that kid with a hormone therapy. Also for height-related reasons, for instance.
00:04:03.380 So there's a lot of different uses for these drugs. Tennessee didn't want to ban those
00:04:09.900 clinical uses. So Tennessee specifically wrote into its law that this is a ban on any kind of
00:04:19.260 treatment that is inconsistent with the sex of the child, by which they mean like sex assigned at
00:04:24.700 birth. And in the legal parlance surrounding this case, people are referred to as their sex assigned
00:04:31.340 at birth like throughout their life, right? Which is a sort of quirk of the legal system and not
00:04:36.860 only a symptom of like the ignorance of the justices so inconsistent with their sex or that
00:04:43.720 might cause them to disdain their sex which is a very broad category right yeah so the bill the
00:04:50.740 text of the bill is itself pretty explicit yeah about its sex discrimination right so like you
00:04:58.500 can give a boy assigned male uh at birth a testosterone treatment but you cannot give that
00:05:05.660 same treatment in Tennessee to a child assigned female at birth, right? And it's also very
00:05:10.560 explicit about having an ideological agenda of gender conformity among children, right? In fact,
00:05:15.760 one of the lower court judges says this is a bill about how we, the state of Tennessee,
00:05:20.500 want boys to be boys and girls to be girls. Yeah, yeah. So the law is obviously discriminatory.
00:05:26.420 Am I going to get to a moment where I throw my mic across the room because one of the conservative
00:05:30.820 justices makes the point that oh this can't be discriminatory because it can apply both to men
00:05:36.160 and to women that would be uh one brett kavanaugh who made that that is that is literally how they
00:05:43.160 upheld that's literally that was the argument and loving and that was the point that katanji
00:05:47.740 brown jackson made oh thank god and she was screaming about the about the same tenor that 0.96
00:05:53.120 you were yeah oh my god fuck that guy i knew it i mean i guess as we were laying that out i'm like 0.96
00:05:58.620 It seems really weird that, like, how are conservatives going to talk their way out of, like, this discriminatory bill is not, in fact, discriminatory. 0.99
00:06:06.440 Oh, wait.
00:06:07.060 They're going to be like, well, it applies to everyone equally, you see.
00:06:10.560 Dude, I have to cover the Supreme Court for my job because I sinned in a past life and I'm being punished.
00:06:17.600 Sure, yeah.
00:06:18.200 So I had to – and now that I'm on the West Coast, those oral arguments are at 10 a.m. East Coast time, at D.C. time.
00:06:24.440 And they are live – the audio is live streamed.
00:06:26.720 Like, there's no video because these people are narcissists and they think they're too good to have cameras in their courtroom, but there is an audio live stream. 0.67
00:06:33.140 So I have to listen several times over the course of every Supreme Court term at seven in the fucking morning to some red state solicitor general, get up there and say, well, you know, the law in its majestic equality forbids rich and poor alike from sleeping under bridges. 0.64
00:06:55.800 Like, you would be shocked at how often that exact argument is made in a court. 0.97
00:07:00.320 Jesus Christ.
00:07:01.020 Yeah, I mean, I should say that you can tell that I'm a bit of a court watcher myself.
00:07:04.740 Goes like, oh, I can already, I can hear the classics coming out.
00:07:09.020 Yeah, you know, we will not formally know the rationale upon which they do so until this spring.
00:07:15.600 But I would be shocked if they did not uphold this law.
00:07:19.380 Yeah, no.
00:07:19.880 This also featured one of the, in fact, the first transgender attorney to ever argue before the Supreme Court, Chase Strangio of the ACLU, very famous trans advocate, nice guy. I've talked to him a few times because we have some friends in common. Chase, if you're listening, come on in bed with the right.
00:07:40.420 That'd be amazing.
00:07:41.120 And he was an advocate in favor of some trans children and their families for the ACLU, as well as Elizabeth Prelogar, who was representing the Biden administration as the solicitor general, because the Biden administration joined the ACLU in suing to try and get this law thrown out.
00:07:59.920 Yeah, that's good.
00:08:00.660 But I wanted to talk about trans kids because the bill like HB1, like these transgender bans, like they're all actually really new, right?
00:08:13.860 I mentioned HB1 only passed last year.
00:08:17.560 You know, it's not been on the books for very long.
00:08:19.540 But in fact, there were no bans on transition-related care before April of 2021.
00:08:26.960 Whoa, okay.
00:08:27.560 Yeah. The first state to pass a ban on transition-related care for minors was Arkansas. Good old Arkansas. Very reliable that way.
00:08:36.400 First out of the gate, yeah.
00:08:37.340 And now 26 states have these bans on the books.
00:08:40.360 So basically once they were done with like bathroom bills and trans athlete bills, they were like, what else can we do?
00:08:46.960 Well, this is interesting, Adrienne, because I think to understand the emergence of the trans child as a politicized subject, we actually do have to go back to bathroom bills.
00:08:59.700 Yeah.
00:08:59.940 We're going to get in our time machine and go back to a very different time.
00:09:06.460 So, Adrienne, what do you remember about 2016?
00:09:11.600 It was a dark time.
00:09:12.700 There was an incipient fascist elected to the presidency who had multiple, then still unsubstantiated rape allegations against him.
00:09:21.580 It's a hard time to imagine today, you know, people just have to kind of trust us on this.
00:09:26.280 It was a very, very different time.
00:09:27.260 It was a dark time. And in ways, it was also kind of a much more progressive time, right?
00:09:34.080 Because Donald Trump and his brand of, you know, revanchist identity politics, weaponized animus, that was still kind of not as mainstream. Right. And what was really mainstream in 2016 was a kind of like raw, raw liberal love is love appreciation for LGBT rights.
00:09:58.360 Absolutely. And I mean, I remember that the bathroom bills, the first round of them brought on huge advertiser boycotts and sports boycotts, huge political blowback and really didn't go anywhere, including I think Trump kind of came out not quite against them, but basically saying that it was not going to be a priority for him.
00:10:17.560 You know, this brings us exactly to where I wanted to be, which is North Carolina. Right. So in 2016, North Carolina passes HB 2, which is its bathroom bill. It's one of the first of these. Right. It's one of the most ambitious anti-trans bills that had been passed at the time. And it was a total ban on trans people using the appropriate public restroom. Right.
00:10:44.580 And there was a lot of media attention on trans people as subjected to a public indignity, right? There was a lot of comparisons to Southern racial segregation and white and black restrooms.
00:10:58.520 And there were, in that same campaign, a few high-profile examples of students in North Carolina public schools who were like, you can't make me go to the wrong restroom or hold it all day. This is about my access to education, right?
00:11:16.460 This was a new politicization of the right to pee, you know, like what our friends at Lux Magazine called the right to pee, you know, this ability to be far from your home for long periods of time, which constitutes all of our working lives and our educational lives and our place in the public sphere, requires us to have access to public restrooms, right?
00:11:39.700 Otherwise, you're tethered to your home.
00:11:42.000 And the sort of stakes of a bathroom became really clear.
00:11:44.760 And, you know, in this pro-LGBT moment, remember, we're just like a year after Obergefell, right?
00:11:51.700 This is a moment when people can feel really, like straight people can feel really, like, smug about not being homophobes, right? 0.60
00:11:58.900 There was this, like, kind of rainbowification that at the time I found so annoying and now I'm so nostalgic for. 0.79
00:12:05.580 Yeah, me too, yeah. 1.00
00:12:07.280 But, like, a lot of straight people became really publicly outraged, and there was tremendous national response to this bathroom bill.
00:12:17.440 So this hit North Carolina really hard.
00:12:21.420 The NCAA, the College Athletic Association, was going to have its tournaments in the state that year.
00:12:27.580 They pulled them out, right?
00:12:28.700 They're like, we're boycotting.
00:12:30.240 A lot of performers were like, we will not perform in North Carolina.
00:12:34.840 So, like, Bruce Springsteen pulled out.
00:12:37.280 Cirque du Soleil pulled out.
00:12:39.160 Not Cirque du Soleil.
00:12:41.740 Where will we get our whimsy and contortionism from now? 1.00
00:12:47.800 The tiny French contortionists are turning up their nose. 1.00
00:12:51.680 No, they're not French.
00:12:52.620 They're French-Canadian, pardon me.
00:12:54.360 But then the really big one was that PayPal, which I do not think of as a particularly left-wing company,
00:12:59.700 But PayPal had planned to expand offices in North Carolina and bring about 400 jobs to the state, and they pulled out.
00:13:09.200 So all in all, this was estimated by the AP to be about a $3.76 billion revenue loss for North Carolina. 0.99
00:13:18.380 And the governor who signed that bathroom bill, Republican Pat McCrory, was very soon thereafter out on his ass. 0.98
00:13:24.900 And in 2017, they repealed it, right? 0.99
00:13:26.720 They really scaled this back.
00:13:27.760 So this was a huge backlash to an attempt to politicize trans existence in public life and to roll back trans rights. Right. And it was like a pretty like framed as a very morally simplistic issue at the time. Right. Like this is about the forward expansion of the liberal civil rights project to a new identity group that has been marginalized. Right.
00:13:51.940 We finally got the gay people their marriage. Now we're going to expand rights for trans people and we will resist the backlash. There was like a ton of like pro LGBT liberal energy at the moment.
00:14:03.040 So after this really kind of unmitigated defeat for like the anti-trans movement, there was a moment of like kind of licking their wounds and like trying to figure out what to do next. Right.
00:14:18.980 And they found a sort of like next step, like they found a wedge issue. And this was a this according to Terry Schilling of the American Principles Project, which is like a righty right wing social conservative think tank.
00:14:33.940 they said okay first of all we need to find an issue that can begin a like re-radicalization
00:14:42.460 against trans people and they kind of like played around with a few things apparently that one idea
00:14:48.780 was to be like oh we should pass amendments to our civil rights laws to clarify that sex
00:14:56.660 discrimination does not include gender identity discrimination right like that was one idea
00:15:00.420 that didn't really go anywhere. There was one idea that is like, okay, we should pass laws
00:15:05.140 saying that trans women can't be housed in domestic violence shelters, which is just like
00:15:10.020 so sadistic and cruel that like, I can't really even get my mind around it. But like that didn't 0.96
00:15:13.880 really go anywhere either. Right. Although it's interesting, right? Like prisons and women's
00:15:19.680 shelters, right? This was already building a bridge to like the JK Rowling's of the world.
00:15:24.200 This is something that Christian, right? And TERFs can sort of agree on. 0.82
00:15:26.860 Well, that was like, that was one idea. I mean, the JK Rowling wasn't a turf yet back in 2017. Like, but the idea was that like people who had, you know, broad socially liberal sympathies could get online with this. Right. And then the one that they found that actually did it was women's sports.
00:15:47.140 Yeah. So, like, what do you know about the controversy over trans women and women's sports? And this trans athlete issue does exclusively seem to be about women's sports.
00:15:56.440 That's right. What I know about it is that when you broadcast women's sports, when you ask people to show up for them, no one shows up. 0.96
00:16:06.580 And yet we have a nation of experts on women's sports who have for a long time deeply cared about women's sports at pick one, the collegiate, the high school, the middle school, the elementary school, the, you know, intramural, whatever level. 0.74
00:16:23.260 Yeah, it's a fabricated issue. 0.78
00:16:25.040 There are a infinitesimally small number of trans kids looking to participate in competitive or intramural sports. 1.00
00:16:34.040 There's reliably some kind of ghoul to make them a huge issue once they do. 1.00
00:16:39.440 Apparently, this can be like people's grandparents. 0.98
00:16:42.140 There was a very funny fuck segment where it was someone's uncle. 0.97
00:16:45.700 It was like, my niece and or nephew has to compete with this person. 0.99
00:16:49.280 And it's like, I don't know, man, like at least you have the dad here.
00:16:52.700 Like this feels slapdash even for you guys.
00:16:56.080 But yeah, there was the case in Utah, I guess, where the governor, the Republican, conservative
00:17:00.960 Republican governor vetoed a bill saying he basically realized it applied to exactly one
00:17:06.000 person in the entire state and thought this is a little bit silly. And then they overwrote his
00:17:10.660 veto. So like, you know, not that that did any good. Not one person, one teenager. Yeah. Like
00:17:16.800 what? That's the other thing I want everybody to remember as we talk about this is like we are
00:17:20.080 talking about kids. Yeah. Yeah. We're specifically talking about the genitals of children from people
00:17:26.440 who call us groomers.
00:17:28.280 And I'm like, I don't know, man.
00:17:29.580 Like, I don't tend to spend much time on that.
00:17:31.660 But you're spending an awful lot of time
00:17:33.820 trying to figure out what's between this kid's legs.
00:17:36.020 Like, that's weird.
00:17:37.420 It's just a weird thing for an adult to dwell on
00:17:39.260 one way or the other.
00:17:40.460 So, Adrienne, not to be too much of a lesbian,
00:17:43.620 but I do need to go back to something you said,
00:17:46.280 because people actually do watch women's sports, actually.
00:17:49.920 It's true, I know.
00:17:51.500 But just not the people who freak out about them.
00:17:53.540 No, but that was becoming more true.
00:17:56.440 In the late 2010s, right?
00:17:58.060 So what you get in this moment when the anti-trans, you know, organized right turns to women's sports is that you get this focus on excluding trans athletes from sports at around the same time that some major women's sports franchises are actually kind of taking off.
00:18:16.880 Like the U.S. Women's National Team, which is a soccer team, started doing really well.
00:18:21.740 And it became clear that they were going to dominate on their way to the 2019 World Cup, which they eventually won.
00:18:27.220 It was a fantastic afternoon at the Lesbian Bar in Brooklyn when they did.
00:18:30.980 I can only imagine, yeah.
00:18:32.280 And then, you know, the WNBA started gaining a lot of like new fans and new revenues, right?
00:18:39.980 And their salaries started inching up a bit.
00:18:41.900 So this was a moment like when people were starting to watch women's sports in newly engaged numbers, right? So there's also like kind of a market coincidence that women's sports had become like newly salient, right?
00:18:55.980 And then the turn to women's sports allowed anti-trans bigots to do a couple of things, right? Like one is that like as you mentioned, it allowed them to bring in constituencies that were maybe not already committed to a socially conservative policy agenda, right?
00:19:19.100 It seemed like a small ask, and it also allowed them to focus on something that nominally wasn't as central to people's public participation as bathrooms were, right?
00:19:31.120 Like, there's really not much you can do if you're not allowed to go to the bathroom, right?
00:19:37.120 But there's a lot of life that doesn't involve being in an organized sports team, right?
00:19:42.180 So it was able to seem like, oh, this isn't an attack on these people's whole, like, right to be equal members of a community and of a polity, right?
00:19:53.700 This isn't about your working life or your education.
00:19:56.960 This is a choice, yeah.
00:19:57.960 This is about a sports team.
00:19:59.320 It's trivial, you know.
00:20:00.600 But at the same time, it really brought the focus to trans people and really trans women's bodies, right, about the difference in their embodiment.
00:20:11.640 It allowed a sort of essentializing rhetoric about male strength and female vulnerability, right?
00:20:18.780 Including in chess in a very, very funny moment involving Riley Gaines.
00:20:23.520 They tried to do it in chess?
00:20:25.000 Yeah. 0.52
00:20:25.420 At some point, a trans chess player beat a cis chess player and like these people lost their minds. 1.00
00:20:31.320 And then they all started with like brain pans and shit. 1.00
00:20:33.700 And you're like, oh, so you are saying that women are just dumber than men naturally? 1.00
00:20:37.280 It was a banner moment for the intrinsic sex differences crowd allegedly not being sexist. 0.99
00:20:45.120 I mean, these people tend to go mask off pretty quickly, right?
00:20:48.180 But like it allowed a sort of patriarchal defense of sex segregation on the grounds of protecting or defending women's access to public life, right? 0.52
00:21:02.640 Like, women need a sex-segregated space so that they can compete fairly was the line.
00:21:09.060 And it allowed to, like, spend a lot of time focusing on trans women's bodies, which, like, do have a capacity in, like, latently transphobic people as opposed to, like, committedly avowedly transphobic people to, like, elicit disgust, right?
00:21:23.480 It's something people don't understand.
00:21:24.680 And, you know, there's a lot of kind of unresolved science about, like, what hormone replacement therapies do to people's athletic capacity, right?
00:21:33.080 And it, like, allowed people who did not understand themselves as bigots to buy into a project about excluding trans people from public life as a matter of public policy.
00:21:44.260 This is something that we talked about a little bit in our Olympics episode.
00:21:46.880 So I know that today, basically, there are these people who are always pushing the women in sports or trans women in sports debate.
00:21:55.240 And I agree with you, it's never trans men in sports.
00:21:58.020 And basically, they're like, oh, well, we're only asking questions. 1.00
00:22:00.740 We think there should be a policy.
00:22:02.120 And if you look at any athletic organization, there is a policy.
00:22:06.300 Absolutely, there are real rules what you have to do if you're transitioning and you're participating in sports.
00:22:10.960 Was that the case back then already? Or is this basically people kind of not reworking their talking points because, as you say, the issue just kind of connects? It works pretty well for these latent transphobes. Or was it even then true that basically like the, you know, Women's Hockey Association fully knew like what the rules were? It's just people were like, there should be some rules, you know.
00:22:33.520 A lot of these associations did create guidelines under political pressure because we are talking, Adrienne, about such a vanishingly small number of people that for many of them, it had simply never come up before.
00:22:47.700 Right, right.
00:22:48.260 So one thing to realize when we're talking about trans people is that we are talking about, according to Pew Research, maybe 1.6 percent of adults. 1.6 percent, which includes both transgender people who are like binary trans people who might have made medical efforts to transition, you know, changes to their bodies.
00:23:12.420 And it also includes non-binary people who may or may not have made such changes.
00:23:16.380 You know, it's like it includes a lot of people who don't all mean the same thing when they say trans.
00:23:21.240 This was a hilarious and incredibly uncomfortable conversation between Chase Strangio and Sam Alito yesterday morning in the Scrimatic oral arguments.
00:23:31.700 Say more about that. I didn't catch this.
00:23:33.500 I think actually Sam Alito was maybe trying to humiliate the trans attorney by making him explain gender fluidity.
00:23:38.880 But, you know, this notion that like not everybody means the same thing when they say trans. So it's actually kind of a hard population to measure, but it is a just vanishingly small number of people. And particularly when we're talking about kids, it's about 2% of high school students in the U.S., most of whom have not made medical changes to their embodiment.
00:23:57.020 This is just people who are identifying as transgender who, you know, in most cases, these kids have not undergone surgery, right?
00:24:07.600 So it's a teeny weeny minority of kids who are already different and vulnerable in the stigmatized way, right, who are already being singled out to not even be allowed to play on their volleyball team anymore.
00:24:21.500 Just lovely.
00:24:22.500 Because a Republican needs to hit those fundraising figures, you know?
00:24:25.220 And I mean, a lot of this is not even about transness. It's about gender nonconformity, right? It's about people who optically don't look right. There are, right in huge quotation marks, people can't see that. I always forget this is a audio only podcast.
00:24:41.000 But what I mean is like a lot of cases where these athletes, you know, middle schoolers, high schoolers get humiliated by spectators challenging their gender.
00:24:52.440 In some way, it doesn't matter whether you're trans or cis in that moment. 0.94
00:24:55.980 But it is important to note that like what these transvestigators do, which is really what this is all about, is do kind of a visual pat down on how you conform to gender. 0.99
00:25:05.400 Right. I don't watch women's sports because I don't watch any sports, to be quite honest. 1.00
00:25:09.020 But I would say one thing, having gone to school with a lot of wonderful women athletes, they're not always the most gender conforming, right? They're not the daintiest flowers, I would say. They are definitely, they could break my jaw. 1.00
00:25:21.180 Let's be explicit, Adrienne. What we're talking about here is a social movement backed increasingly by the force of law and encouraged by a right-wing media ecosystem in traditional channels and online that is seeking out and bullying tomboys, masculine little girls and butch women, right?
00:25:42.120 This is, in many cases, a way in which cisgender women who are gender nonconforming, who may or may not be lesbians, who are more masculine, are bullied and subjected to public speculation about their genitals because they are not sufficiently feminine for these people.
00:26:01.200 And, you know, there is this kind of assumption, oh, some of this is because this is so new. And we should say our friend Jules Gil-Peterson wrote this wonderful book about the history of the transgender child, where Jules points out that like, no, this has been around for a long, long time. The novelty is in some way a smokescreen in order to just revisit things that if they weren't about gender, but about sexuality would be absolutely recognizable as the most rank ass homophobia, right?
00:26:29.760 And the idea that like a woman has her femininity questioned, right? 0.95
00:26:34.980 Like which lesbian hasn't that happened to basically, right?
00:26:37.680 Or, you know, which gay guy hasn't been asked, so who among you is the woman, right?
00:26:41.180 Like we're all familiar with this. 1.00
00:26:43.280 We recognize that you're running the same fucking play. 0.99
00:26:46.100 It's just shocking to me that the New York Times somehow isn't able to catch on to the fact that it's the same three card fucking Monty, right? 0.99
00:26:52.940 Yeah. May I take you to the lovely In-N-Out bathroom line in Bakersfield, California, where me and my wife were on our road trip last week, like getting shit from somebody's creepy Christian aunt who didn't want us in line with them. 0.99
00:27:08.400 Yeah. I mean, this happened. This does happen. It happens regularly. 0.97
00:27:12.020 Jesus.
00:27:12.360 So this is a like series of bills that are able to get a lot of traction, right?
00:27:21.060 By 2021, 10 states have laws on the books that ban trans women and girls from participating in any kind of women's sports, right? And that was a real change. That was a wedge issue that a activist bigoted group deliberately found.
00:27:42.520 They pulled it, they tested it, they focus grouped it, and they found this one, right? It brings the focus back to their bodies. It allows people who want to think of themselves as nice, enlightened liberals to get on this train. And it seems like a small ask that can be righteously justified, right?
00:28:01.240 And that allows an opening for reconsideration of both bathroom bans, which now exist in 14 states without any similar boycotts, and then for these outright bans on trans medical care for minors. 0.68
00:28:20.360 So those passed in 26 states.
00:28:23.600 26 states.
00:28:25.080 Jesus.
00:28:25.520 Just in three years, right? That's between 2021 and 2024. More than half the states have them. About 40% of trans youth live in states in which those laws are on the books.
00:28:37.960 God, Pamela Paul must be so proud. 0.99
00:28:39.800 Well, that is a good point, right? Because for this political, this legislative and political transformation to happen, there had to be a cultural transformation, right? Those love is love straight liberals had to be given social permission for transphobia. And to look at how that happened, Adrian, I am about to send you a link in the chat.
00:29:04.880 Nice.
00:29:06.300 Oh, in a shocking twist, it is to theatlantic.com.
00:29:11.720 Oh, I remember this one.
00:29:14.500 Do you want to describe for me what you're seeing?
00:29:16.660 Maybe the image?
00:29:18.180 So I see a stylized color picture of a young person who presents as ambiguous, I would say.
00:29:26.660 Short hair, very intense 2016 block black eyebrows.
00:29:32.720 Yeah.
00:29:33.000 And one of those studs over the nose, what's that called? 0.99
00:29:35.560 The bridge of their nose has a piercing and then there's also a septum piercing.
00:29:39.600 A heavily pierced.
00:29:41.160 And clearly a teenager, right?
00:29:42.900 This is somebody who is maybe at the outside 20 years old.
00:29:45.860 Yeah.
00:29:46.080 And it's a infamous article by Jesse Single.
00:29:50.200 When children say they're trans.
00:29:52.780 Didn't the cover actually say your child says they're trans or something like that?
00:29:56.280 Let's Google it.
00:29:57.280 I feel like it's even worse than the cover.
00:29:59.800 Yeah.
00:30:00.140 Your child says she's trans. 1.00
00:30:01.580 She wants hormones and surgery. She's 13. 0.94
00:30:04.760 Bum, bum, bum.
00:30:07.140 This is the summer 2018 issue of The Atlantic. 1.00
00:30:11.920 This gender-ambiguous young person with their blurry picture and their artificially colored hair is huge. 1.00
00:30:20.960 This massive font about this person's gender expression. 1.00
00:30:25.400 And then in the tiniest print, in the upper right-hand corner, Adrian, what does that say?
00:30:33.700 We're not prepared for the next pandemic.
00:30:36.540 Not as big a deal for The Atlantic in 2018.
00:30:40.420 By Ed Young, who very much called it early and repeatedly.
00:30:44.380 Yeah, shout out to Ed.
00:30:45.760 So The Atlantic has its priorities, and they are talking about trans children.
00:30:53.340 So what do you know about this article?
00:30:55.200 because I read it recently. It's been a while. It's been a while. I mean,
00:30:58.920 I remember just wallowing in ambiguity. This is basically just asking questions the article. Is
00:31:04.620 that right? Am I remembering that correctly? Yeah. So it is a article that poses itself
00:31:11.920 as exposing a liberal excess and poses that excess as being a regrettably noticed phenomenon
00:31:22.220 on by somebody who shares a commitment to trans rights, right? 0.63
00:31:25.800 Right, right.
00:31:26.440 This is, you, reader of The Atlantic, you're a good liberal. 0.98
00:31:30.580 You believe in trans rights, but this is going too far. 0.75
00:31:35.380 I remember the central story basically suggests what you get from a lot of these liberal transphobes,
00:31:42.940 frankly.
00:31:43.720 It basically says, this person's gender dysphoria is the output of pre-existing mental illness. 0.63
00:31:49.080 We should treat the pre-existing mental illness and not indulge it, right? 0.88
00:31:52.000 Is that the idea?
00:31:52.620 So the premise of the single article from 2018 is that very young children with very new and ambiguous gender dysphoria or gender discontent are being rushed into irreversible medical changes, right?
00:32:11.700 Yeah, I'll take stuff that didn't happen for 500, Alex.
00:32:14.780 It's amazing because he cannot find an example of this actually happening.
00:32:18.340 He goes to a lot of families, including his central example is of a 13-year-old girl who expressed a transgender identity to her parents, socially transitioned in several ways, expressed an interest in getting hormones, and in fact then did not.
00:32:41.140 and started identifying as a cis girl again and was not rushed into hormones or surgery,
00:32:49.540 was greeted with seemingly a degree of acceptance and sympathy from her parents and her social
00:32:57.060 world, had a period of identity exploration that did indeed turn out to be a phase and was fine.
00:33:04.100 So there's a lot of examples of this where Singhal goes, I think we can all agree that
00:33:09.620 things need to move slowly and we need to be really cautious. And then he indeed produces a
00:33:14.780 8,000-word article full of examples of exactly that happening. He interviews this one clinician
00:33:22.980 in Oakland who he positions at first as being this gung-ho maximalist who wants to inject
00:33:30.060 testosterone into every seventh grader. And then he sits down with her and she's like,
00:33:34.740 no i mean we spend a lot of time talking to them uh like it's not for everybody there's a lot of
00:33:41.480 different like regimens of treatment or of like identity categories that people wind up in and so
00:33:47.880 we spend a lot of time working with each individual patient and he's like this is so crazy that even
00:33:54.160 she this wild radical can see you know it's like no it's like there's just nobody is going around
00:34:00.820 Doing the thing that you claim they're doing, yeah.
00:34:03.160 Nobody is going to, like, your, you know, your kid's peewee soccer team and injecting all the little girls with tea.
00:34:10.240 Like, it is not happening. 0.96
00:34:12.040 Well, presumably right before their rainbow parties they do. 0.96
00:34:16.480 But, I mean, Michael Hobbs does such a great job talking about sort of also the weird work that the idea of rapidity does in all these discourses, right?
00:34:24.940 This is also the rapid onset gender dysphoria kind of discourse, right, where like the rapidity for people who haven't delved into it, the studies that find this are surveys of parents and often parents that hang out on transphobic forums, frankly.
00:34:39.900 So the output of rapidity is actually parental non-acceptance, right, that they sort of can't hear their children until that child is fairly sure about what's wrong and what they need.
00:34:52.780 And then they're like, well, out of nowhere, she suddenly says she's a boy, right?
00:34:57.000 And it's like, no, like the rapidity comes from your resistance.
00:35:01.740 This idea that things are happening too quickly, that our children are changing because of
00:35:06.360 social contagion, that they are rushed into transition, that they are rushed into social
00:35:11.960 transition.
00:35:12.460 It's like, what, they bought a dress?
00:35:14.120 Is that the idea?
00:35:14.960 Like rapidity is the name of the game, but rapidity in each case is a deliberate distortion
00:35:19.940 of what by all accounts is a extremely piecemeal step-by-step process for the very simple reason
00:35:27.000 that these are developing young people where everything is a step-by-step process. They
00:35:31.580 change. Their bodies are evolving. Of course, it's going to go slow. No doctor in the world is like,
00:35:37.560 I feel like we only have 70 good years here, so let's get snipping.
00:35:41.520 Also a really interesting product of that focus and, you know, selective data drawing from 0.63
00:35:48.760 the outraged or antagonized parent, which is that the transitioning child or the trans child is
00:35:56.240 always pitted as being in opposition to their parents in a way that's not really empirically
00:36:02.280 true, right? There's two visions of the trans child's family in the transphobic imagination,
00:36:09.520 right? There is one in which the trans child has been brainwashed by forces outside the home,
00:36:15.740 really uh usually it's implied or outright stated that this is the work of like nefarious 0.89
00:36:20.440 homosexual adults in this child's life you know or homosexuals on instagram you know yeah or the
00:36:25.880 uh influence of the internet right sometimes they talk about oh well they had a friend who did it 0.90
00:36:31.060 and i'm like oh my god how awful two kids who are going through the same thing hanging out
00:36:36.540 now i've heard everything yeah so there's that like nefarious outside of the home influence right
00:36:42.840 in which the parent needs to recapture and insulate the child and needs to be defended
00:36:49.880 in their right, their parental right, to insulate the child from other influences other than their
00:36:55.640 own, right? And then there is the other version in which the transphobic imagination paints the
00:37:02.740 parents of trans children as, in fact, the instigators of the child's trans identity, 0.98
00:37:07.320 right like you soy latte drinking fag like you wanted a trans child as an ornament yeah like as 0.85
00:37:17.140 an ornament to your own vanity right it's this interesting duality right like a lot of these 0.98
00:37:22.340 bills i believe are framed as parental rights bills and then every time one of these passes 0.96
00:37:27.000 you get a profile of a family where the parents are like fuck are we gonna have to move state 0.75
00:37:31.640 like how do we do this right like and it's like clearly it's not their parental rights that we're 0.99
00:37:35.940 concerned with like the state of tennessee is ready to fuck with their parental rights right 0.97
00:37:40.380 like they're like oh parents know their kids best except for when the kid is trans in which case 0.99
00:37:44.320 they don't know their kid at all and it's just an ornament yeah right yeah this came up at oral
00:37:48.860 arguments as well right because the supreme court did not grant cert on but a challenge was brought
00:37:54.700 to the tennessee ban on parental rights due process grounds right because the supreme court
00:38:00.980 has been, and many lower courts as well, have become increasingly sympathetic to parental
00:38:05.840 rights claims when it comes to things like vaccination, right? Or like the child's mask
00:38:11.960 mandate at school, right? Those are incidents in which a parent can make individual health care
00:38:18.680 decisions for their child, right? But this one, the state law does not make any accordance for
00:38:25.900 the parents' involvement, right? It is a way in which parental rights become mooted when those
00:38:31.560 rights are going to be exercised for a different cultural outcome. Well, and we might say often
00:38:36.420 enough when there appears to be such a bold contradiction in the way the court acts, I think
00:38:40.820 it probably just means that we operate with a different idea of the family than they do, right?
00:38:45.400 It's parental authority as the doler out of death. You get to decide whether your kid dies of typhus.
00:38:50.520 You don't get to decide that you don't want your kid to die of gender dysphoria, right? Yeah. As 0.94
00:38:55.060 he say? That's fag shit. You are a Old Testament God in your household, and if your child dies of 1.00
00:39:00.340 whooping cough, it dies of whooping cough. Might it thrive in ways that you never understand,
00:39:05.000 but you are adult and person enough and, you know, nice enough to permit? Oh, no, that is you not
00:39:11.380 doing your biblical part. This brings us, I think, nicely to the work of Jack Haberstam,
00:39:16.560 who has a really interesting piece on the trans child in his book Becoming Trans, which also came
00:39:21.520 out in 2018. And now it's kind of dated, right? Because it's from this moment in which LGBT
00:39:28.760 acceptance, very much including like T acceptance, was being sort of integrated into the liberal
00:39:35.020 rights framework and into visions of the liberal family, right? And like Halberstam writes in
00:39:41.560 Becoming Trans, that like the trans child and the trans child's integration into the family
00:39:48.020 is a way, in one way, for like parents who are uncertain about their child's gender to try and
00:39:56.020 transition their child to get like a definite answer, right? And thereby to like mute or moot
00:40:01.980 the subversive capacity of the child. But I think there's another way of looking at the role of
00:40:07.720 like affirmative, like loving parents of trans kids is that they are willing to sacrifice their
00:40:14.860 right and the family's role in recreating and enforcing gender hierarchy within the family,
00:40:20.840 right, in order to allow their child to thrive as an individual, right? It's a challenge to the 0.81
00:40:26.880 family in a lot of ways. It's like, oh, we're going to help our kid live in a, like, deviantly
00:40:34.160 gendered embodiment. Like, that is not traditional mom and dad stuff. Yeah, yeah. Well, I think what 0.98
00:40:39.660 Jack is probably thinking about are shows like, what is that called? I Am Jazz? Do you remember
00:40:44.580 that show? Oh, right. With like the young influencer. Yeah. I think that aired on TLC in
00:40:50.360 like 2014, 2015, I want to say. And there was this kind of early trans children in the public eye
00:40:58.000 were very frequently hyper gender conforming. Right. And that is something that back then I
00:41:04.380 think people tended to remark on. And that, in fact, I think sometimes TERFs still refer back
00:41:09.360 to when they're like, well, trans people, like they live this extremely stereotypical version
00:41:13.940 of femininity is like they're picturing something like that right uh Kim Petras or someone like
00:41:18.920 that right and it's like well these are these are reality stars I didn't know Kim Petras was trans
00:41:23.160 that's cool trans pop star yeah amazing that's the thing right like these phenomena these experiences 0.98
00:41:29.700 have been with us what what all this the single the Pamela Paul shit what it all draws on is like 0.94
00:41:36.300 doesn't this all feel so new doesn't this all feel so unusual like and this is exactly the kind 0.99
00:41:40.840 of shit people wrote in the 70s and 80s about gay people like doesn't it seem like everyone's 0.96
00:41:45.000 gay right now and it's like well because they couldn't be fucking open about it but like also 0.98
00:41:49.920 it's not that new right like liberaci was on tv it's not that new there's also something about 0.97
00:41:55.920 the child and the trans child's challenge to the conception of childhood right like the trans
00:42:02.820 child exposes the unnaturalness of gender right because there's variance in this like pre-social 0.85
00:42:10.420 subject, right? Or supposedly pre-social subject. So that like makes the notion that kids are 0.67
00:42:17.980 naturally themselves instead of what we make them, like kind of difficult to swallow, I think.
00:42:24.480 Yeah, I think that's right. At the same time, in some way, I'm often interested in why sexual
00:42:30.700 desire, why what began to be called sexual orientation became the first vector of liberation,
00:42:35.520 right? This is a question that Yves Kosovsky-Sedgwick raised already in the 80s and 90s.
00:42:40.420 Like, if you're picturing a gay kid, that kid has sexual desires. 0.87
00:42:44.620 The idea that your kid might have sexual desires is a freaky thought, right? 0.93
00:42:47.960 Like, as a parent, the thought that they might feel like they're a different gender, like, that feels much more childlike in some way.
00:42:54.920 It's interesting that that's become sort of the flashpoint in some way, right? 0.81
00:42:58.560 I think it's more fundamental, right? 0.64
00:43:00.460 It's very easy to be a gender-conforming gay person.
00:43:05.900 I do that all the time, right?
00:43:07.180 She says that she flicks her hair.
00:43:10.420 I do have short hair. It's true. But it's pretty easy to be a gender-conforming gay person. Nobody is having sex or even sexual desire all the time. Or maybe somebody is, but they're very tired.
00:43:25.600 You know, it is like athletics, a part of your life that you can, you can make it not anybody's problem, right? Your embodiment, your identity, that is a precondition of knowing you, right? And it throws this hierarchy, this taxonomy of people into doubt, right?
00:43:45.760 And when it's children, that's not just a challenge to gender and our conceptions of it. It's also our challenge to, like, what is childhood? What is identity? What is, like, agency or free will? Like, these are all questions that get brought up by the trans child in a way even more so than with trans adults.
00:44:05.280 yeah my conclusion is that i think we should leave trans kids alone i think they're going
00:44:11.320 through enough they don't need this uh they are about to come in for worse treatment yeah yeah
00:44:18.880 and maybe we'll say in case there are listeners which i sincerely doubt that think that transphobes
00:44:24.660 make some good points and that you know maybe we're being unfair thinking this is all a right-wing
00:44:30.540 culture war and think like oh you guys think everything's a right-wing culture war they're
00:44:34.640 not going to stop at trans kids. They're going to get to trans adults. And if you don't care about
00:44:38.440 trans kids or trans adults, they're also going to come for the lesbians, gay and bisexual people in 0.99
00:44:43.340 your lives. Like this is, as Maura is pointing out, this is a nodal point. This is the avenue
00:44:49.660 that they chose after they had to give equal rights to LGBT people on some questions.
00:44:55.780 This is the battle they picked after they lost the battle on gay marriage, right?
00:44:59.140 Exactly. And, you know, I will say in oral arguments yesterday, it became clear that this is not just about trans kids. This is, you know, it came up several times that the same logic would apply to a ban on health care for trans adults. Right. But really what they're doing is they're kind of pulling a loose thread on the sweater that is the equal protection clause of the 14th Amendment. Right.
00:45:22.620 This is the beginning of the unraveling of sex discrimination protections in federal law under the 14th Amendment, which was the big legal project in the second half of the 20th century of Ruth Bader Ginsburg and Pauli Murray, right?
00:45:35.900 They are going to allow a whole slew of sex-based discriminatory laws under the model of this one, right? So if you like what you have right now, which is the constitutional freedom protected by the 14th Amendment to not have to abide by sexual stereotyping as enforced by law, then you need to be on the side of trans kids because they're really after you. 0.94
00:46:00.340 They're really after you, and that trans softball player is just in the way. 0.68
00:46:05.120 I worry this one wasn't as happy as our latest, but I do think on a good note, one thing that the law can't stamp out and never has been able to, even though it has historically tried, is the defiant diversity of gender expression and identities, including in kids, who are being themselves against some pretty horrible odds. 0.99
00:46:26.800 So if they can do it, so can you.
00:46:28.380 We love you guys.
00:46:29.380 We support you guys and we'll fight for you.
00:46:32.180 We'll see you on the other side.
00:46:33.260 Thanks for listening.
00:46:36.320 In Bed with the Right, we'd like to thank the Michelle R. Clayman Institute for Gender Research for generous support.
00:46:41.020 Jennifer Portillo for setting up our studio.
00:46:43.420 Our producer is Katie Lau.